Indiana 2025 Regular Session

Indiana Senate Bill SB0080 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ES0080.1
2		-	March 10, 2025
3		-	ENGROSSED
	1	+	SB0080.1
	2	+	January 10, 2025
4	3		SENATE BILL No. 80
5	4		_____
6		-	DIGEST OF SB 80 (Updated ~~March 10~~, 2025 11:~~09 am~~ - DI ~~151~~)
	5	+	DIGEST OF SB 80 (Updated January 8, 2025 2:59 pm - DI 140)
7	6		Citations Affected: Numerous provisions throughout the Indiana
8	7		Code.
9	8		Synopsis: Code publication. Repeals and relocates the following
10	9		definitions chapters for organization of the defined terms by
11	10		alphabetical order and to provide for future expansion of the chapters:
12	11		(1) IC 3-5-2 (elections law definitions) at a new IC 3-5-2.1. (2) IC 34-6-
13	12		2 (civil law definitions) at a new IC 34-6-2.1. (3) IC 35-48-1
14	13		(controlled substances definitions) at a new IC 35-48-1.1. Makes
15	14		conforming cross-reference updates. Makes technical amendments to
16	15		remove tabulation designations from the following criminal law and
17	16		procedure sections for consistency with similar statutes and to
18	17		streamline amendment of those sections: (1) IC 35-31.5-2-321
19	18		(definition of "synthetic drug"). (2) IC 35-48-2-4 (schedule 1 controlled
20	19		substances). Makes no substantive change to law. (The introduced
21	20		version of this bill was prepared by the code revision committee.)
22	21		Effective: July 1, 2025.
23	22		Freeman, Taylor G
24		-	(HOUSE SPONSOR — ENGLEMAN)
25	23		January 8, 2025, read first time and referred to Committee on Judiciary.
26	24		January 9, 2025, reported favorably — Do Pass.
27		-	January 14, 2025, read second time, ordered engrossed. Engrossed.
28		-	January 21, 2025, read third time, passed. Yeas 49, nays 0.
29		-	HOUSE ACTION
30		-	March 3, 2025, read first time and referred to Committee on Judiciary.
31		-	March 10, 2025, amended, reported — Do Pass.
32		-	ES 80—LS 6051/DI 112 March 10, 2025
	25	+	SB 80—LS 6051/DI 112 January 10, 2025
33	26		First Regular Session of the 124th General Assembly (2025)
34	27		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
35	28		Constitution) is being amended, the text of the existing provision will appear in this style type,
36	29		additions will appear in this style type, and deletions will appear in this style type.
37	30		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
38	31		provision adopted), the text of the new provision will appear in this style type. Also, the
39	32		word NEW will appear in that style type in the introductory clause of each SECTION that adds
40	33		a new provision to the Indiana Code or the Indiana Constitution.
41	34		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
42	35		between statutes enacted by the 2024 Regular Session of the General Assembly.
43		-	ENGROSSED
44	36		SENATE BILL No. 80
45	37		A BILL FOR AN ACT to amend the Indiana Code concerning
46	38		general provisions.
47	39		Be it enacted by the General Assembly of the State of Indiana:
48	40		1 SECTION 1. IC 2-2.1-1-7.5 IS AMENDED TO READ AS
49	41		2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7.5. (a) This section
50	42		3 applies only if the number of members of the house of representatives
51	43		4 affiliated with one (1) political party equals the number of members of
52	44		5 the house of representatives affiliated with a different political party.
53	45		6 (b) For purposes of this section, an individual is considered to be
54	46		7 affiliated with a political party if the individual was:
55	47		8 (1) the nominee (as defined in IC 3-5-2-33) IC 3-5-2.1-68) of that
56	48		9 political party for election to the office to which the individual
57	49		10 was elected at the previous general election; or
58	50		11 (2) selected by that political party to fill a candidate vacancy or a
59	51		12 vacancy in the office under IC 3-13 for the office the individual
60	52		13 currently holds.
61	53		14 (c) The speaker of the house of representatives and the principal
62	54		15 clerk of the house of representatives shall be elected by the members
63	55		16 of the house of representatives affiliated with the political party whose:
64	56		17 (1) candidate was elected governor at the previous general
65		-	ES 80—LS 6051/DI 112 2
	57	+	SB 80—LS 6051/DI 112 2
66	58		1 election; or
67	59		2 (2) candidate was elected secretary of state at the previous general
68	60		3 election, if the governor was not elected at the previous general
69	61		4 election.
70	62		5 (d) The rules that governed the house of representatives before the
71	63		6 previous general election shall govern the house of representatives after
72	64		7 the general election until those rules are amended as provided in those
73	65		8 rules.
74	66		9 SECTION 2. IC 2-5-1.1-12.2, AS AMENDED BY P.L.53-2014,
75	67		10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
76	68		11 JULY 1, 2025]: Sec. 12.2. (a) The definitions in IC 1-1-3.5 and
77	69		12 IC 3-5-2 IC 3-5-2.1 apply throughout this section.
78	70		13 (b) As used in this section, "council" refers to the legislative council
79	71		14 established by section 1 of this chapter.
80	72		15 (c) As used in this section, "GIS" refers to the geographic
81	73		16 information system that the office is required to establish and maintain
82	74		17 under subsection (f)(7).
83	75		18 (d) As used in this section, "office" refers to the office of census
84	76		19 data established by subsection (e).
85	77		20 (e) The office of census data is established within the legislative
86	78		21 services agency. Appointment of staff members of the office is subject
87	79		22 to the approval of the legislative council.
88	80		23 (f) The office shall do the following:
89	81		24 (1) Advise and assist the Bureau of the Census in defining the
90	82		25 boundaries of census blocks in Indiana.
91	83		26 (2) Work with other state and federal agencies to assist in the
92	84		27 Census Bureau's local review program conducted in Indiana.
93	85		28 (3) Participate in national associations of state governments to
94	86		29 obtain information regarding census count activities conducted by
95	87		30 other states.
96	88		31 (4) Work with political subdivisions following each decennial
97	89		32 census to provide information and assistance concerning special
98	90		33 censuses, special tabulations, and corrected population counts.
99	91		34 (5) Work with the election division, state agencies, and political
100	92		35 subdivisions to maintain accurate information concerning the
101	93		36 boundaries of precincts and political subdivisions.
102	94		37 (6) Provide technical assistance to counties, the election
103	95		38 commission, and the election division to comply with Indiana law
104	96		39 concerning establishing a precinct (as defined in IC 3-11-1.5-1).
105	97		40 (7) Establish and maintain a geographic information system that
106	98		41 contains the boundaries of all precincts, legislative districts, and
107	99		42 congressional districts. The geographic information system may
108		-	ES 80—LS 6051/DI 112 3
	100	+	SB 80—LS 6051/DI 112 3
109	101		1 contain other boundaries and information as determined by the
110	102		2 executive director of the legislative services agency or as required
111	103		3 by the council.
112	104		4 (8) Perform other census and mapping research as determined by
113	105		5 the executive director of the legislative services agency or as
114	106		6 required by the council.
115	107		7 (g) The office shall provide the election division a network
116	108		8 connection to the GIS. The network connection must do the following:
117	109		9 (1) Provide the election division with read access to the GIS.
118	110		10 (2) Enable the election division to download any information,
119	111		11 including maps, contained in the GIS.
120	112		12 (h) The election division is the agency through which public access
121	113		13 to information contained in the GIS shall be provided.
122	114		14 SECTION 3. IC 2-7-1-4, AS AMENDED BY P.L.58-2010,
123	115		15 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
124	116		16 JULY 1, 2025]: Sec. 4. (a) "Gift" means the voluntary transfer of
125	117		17 anything of value without consideration.
126	118		18 (b) The term does not include a contribution (as defined in
127	119		19 IC 3-5-2-15). IC 3-5-2.1-27).
128	120		20 SECTION 4. IC 2-7-3-3.5, AS AMENDED BY P.L.123-2015,
129	121		21 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
130	122		22 JULY 1, 2025]: Sec. 3.5. (a) If an expenditure for entertainment
131	123		23 (including meals and drink) or a gift can clearly and reasonably be
132	124		24 attributed to a particular legislative person, the expenditure must be
133	125		25 reported with respect to that particular legislative person.
134	126		26 (b) A report of an expenditure with respect to a particular legislative
135	127		27 person:
136	128		28 (1) must report actual amounts; and
137	129		29 (2) may not allocate to the particular legislative person a prorated
138	130		30 amount derived from an expense made with respect to several
139	131		31 legislative persons;
140	132		32 to the extent practicable.
141	133		33 (c) An activity report must report expenditures for a function or
142	134		34 activity to which all the members of a legislative body are invited.
143	135		35 Expenditures reported for a function or activity described in this
144	136		36 subsection may not be allocated and reported with respect to a
145	137		37 particular legislative person.
146	138		38 (d) If two (2) or more lobbyists contribute to an expenditure, each
147	139		39 lobbyist shall report the actual amount the lobbyist contributed to the
148	140		40 expenditure. For purposes of reporting such an expenditure, the
149	141		41 following apply:
150	142		42 (1) For purposes of determining whether the expenditure is
151		-	ES 80—LS 6051/DI 112 4
	143	+	SB 80—LS 6051/DI 112 4
152	144		1 reportable, the total amount of the expenditure with respect to a
153	145		2 particular legislative person must be determined and not the
154	146		3 amount that each lobbyist contributed to that expenditure.
155	147		4 (2) Each lobbyist shall report the actual amount the lobbyist
156	148		5 contributed to the expenditure, even if that amount would not
157	149		6 have been reportable under this section if only one (1) lobbyist
158	150		7 made an expenditure of that amount.
159	151		8 (e) The report of an expenditure with respect to a particular
160	152		9 legislative person may not include any amount that the particular
161	153		10 legislative person contributed to the expenditure.
162	154		11 (f) An activity report may not report expenditures or gifts relating
163	155		12 to property or services received by a legislative person if the legislative
164	156		13 person paid for the property or services the amount that would be
165	157		14 charged to any purchaser of the property or services in the ordinary
166	158		15 course of business.
167	159		16 (g) An activity report may not report expenditures or gifts made
168	160		17 between relatives unless the expenditure or gift is made in connection
169	161		18 with a legislative action.
170	162		19 (h) An activity report may not report expenditures or gifts relating
171	163		20 to the performance of a legislative person's official duties, including the
172	164		21 legislative person's service as a member of any of the following:
173	165		22 (1) The legislative council.
174	166		23 (2) The budget committee.
175	167		24 (3) A standing or other committee established by the rules of the
176	168		25 house of representatives or the senate.
177	169		26 (4) A study committee established by statute or by the legislative
178	170		27 council.
179	171		28 (5) A statutory board or commission.
180	172		29 (i) An activity report may not report a contribution (as defined in
181	173		30 IC 3-5-2-15). IC 3-5-2.1-27).
182	174		31 SECTION 5. IC 3-5-2 IS REPEALED [EFFECTIVE JULY 1, 2025].
183	175		32 (Definitions for Elections Law).
184	176		33 SECTION 6. IC 3-5-2.1 IS ADDED TO THE INDIANA CODE AS
185	177		34 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
186	178		35 1, 2025]:
187	179		36 Chapter 2.1. Definitions
188	180		37 Sec. 1. The definitions in this chapter apply throughout this title.
189	181		38 Sec. 2. "Absent uniformed services voter" refers to any of the
190	182		39 following:
191	183		40 (1) A member of a uniformed service on active duty who, by
192	184		41 reason of active duty, is absent from the place of residence
193	185		42 where the member is otherwise qualified to vote.
194		-	ES 80—LS 6051/DI 112 5
	186	+	SB 80—LS 6051/DI 112 5
195	187		1 (2) A member of the merchant marine who, by reason of
196	188		2 service in the merchant marine, is absent from the place of
197	189		3 residence where the member is otherwise qualified to vote.
198	190		4 (3) A member of the Indiana national guard deployed or on
199	191		5 assignment outside Indiana.
200	192		6 (4) A spouse or dependent of a member referred to in
201	193		7 subdivision (1), (2), or (3) who, by reason of the active duty or
202	194		8 service of the member, is absent from the place of residence
203	195		9 where the spouse or dependent is otherwise qualified to vote.
204	196		10 Sec. 3. "Active voter" means the following:
205	197		11 (1) For purposes of IC 3-11-1.5, refers to a voter who satisfies
206	198		12 either of the following:
207	199		13 (A) The voter has registered or voted in any election
208	200		14 during the preceding four (4) years at the address
209	201		15 indicated on the voter's registration record.
210	202		16 (B) The voter has not voted in any election during the
211	203		17 preceding four (4) years at the address indicated on the
212	204		18 voter's registration record and has responded in writing to
213	205		19 an address confirmation notice sent under IC 3-7 not later
214	206		20 than thirty (30) days after the notice was sent.
215	207		21 (2) For purposes of IC 3-11-18.1, has the meaning set forth in
216	208		22 IC 3-11-18.1-2.
217	209		23 Sec. 4. "Anomaly" means an action or response by a voting
218	210		24 system or electronic poll book that:
219	211		25 (1) does not conform with the specifications or perform as
220	212		26 certified and is critical to the administration of elections;
221	213		27 (2) causes a delay or disruption to voting or vote tabulation;
222	214		28 or
223	215		29 (3) occurs due to a root cause that is unable to be determined
224	216		30 within forty-eight (48) hours after initial discovery by the
225	217		31 vendor or county.
226	218		32 Sec. 5. "Automatic tabulating machine" means:
227	219		33 (1) apparatus necessary to automatically count votes cast on
228	220		34 a voting system; and
229	221		35 (2) data processing machines that can be used for counting
230	222		36 ballots and tabulating results.
231	223		37 Sec. 6. "Auxiliary party organization" means an organization
232	224		38 located within or outside Indiana that:
233	225		39 (1) is affiliated with a political party;
234	226		40 (2) proposes to influence the election of a candidate for state,
235	227		41 legislative, local, or school board office, or the outcome of a
236	228		42 public question; and
237		-	ES 80—LS 6051/DI 112 6
	229	+	SB 80—LS 6051/DI 112 6
238	230		1 (3) has not:
239	231		2 (A) had an annual budget of five thousand dollars ($5,000)
240	232		3 or more in at least one (1) of the last two (2) years; or
241	233		4 (B) made a contribution of more than one thousand dollars
242	234		5 ($1,000) to another committee or to a candidate.
243	235		6 Sec. 7. "Background check" refers to the "national criminal
244	236		7 history background check" defined in IC 10-13-3-12.
245	237		8 Sec. 8. "Ballot" means:
246	238		9 (1) the paper ballot prepared, printed, and supplied for use at
247	239		10 an election;
248	240		11 (2) the electronic display prepared, printed, and supplied for
249	241		12 use on the front of an electronic voting system; or
250	242		13 (3) the ballot card prepared, printed, and supplied for use in
251	243		14 a ballot card voting system.
252	244		15 Sec. 9. "Ballot card" refers to an optical scan ballot.
253	245		16 Sec. 10. "Ballot card voting system" refers to an optical scan
254	246		17 voting system.
255	247		18 Sec. 11. "Ballot label" means any of the following:
256	248		19 (1) The printed strip or sheet of cardboard or paper, supplied
257	249		20 for use on an electronic voting system, that contains the names
258	250		21 of the candidates and the public questions on the ballot.
259	251		22 (2) The material, supplied for use with a ballot card voting
260	252		23 system, that contains those names and questions.
261	253		24 (3) The digital image of the ballot on the screen of an
262	254		25 electronic voting system or the interface of the marking device
263	255		26 used with an optical scan voting system.
264	256		27 Sec. 12. "Board of elections and registration" refers to a board
265	257		28 of elections and registration established under any of the following:
266	258		29 (1) IC 3-6-5.2.
267	259		30 (2) IC 3-6-5.4.
268	260		31 (3) IC 3-6-5.6.
269	261		32 Sec. 13. "Bona fide political party" means:
270	262		33 (1) a major political party; or
271	263		34 (2) a political party that has:
272	264		35 (A) nominated at least one (1) candidate for political office
273	265		36 during the preceding five (5) years;
274	266		37 (B) held a convention; or
275	267		38 (C) raised money and filed the financial reports required
276	268		39 by law.
277	269		40 Sec. 14. "Breach of peace" means breaking or disturbing the
278	270		41 public peace, order, or decorum by any riotous, forcible, or
279	271		42 unlawful proceedings, including fighting or tumultuous conduct.
280		-	ES 80—LS 6051/DI 112 7
	272	+	SB 80—LS 6051/DI 112 7
281	273		1 Sec. 15. "Candidacy document" refers to any of the following:
282	274		2 (1) A declaration of intent to be a write-in candidate.
283	275		3 (2) A declaration of candidacy.
284	276		4 (3) A consent to the nomination.
285	277		5 (4) A consent to become a candidate.
286	278		6 (5) A certificate of candidate selection.
287	279		7 (6) A consent filed under IC 3-13-2-7.
288	280		8 (7) A statement filed under IC 33-24-2, IC 33-25-2,
289	281		9 IC 33-33-45-42, IC 33-33-49-13.3, or IC 33-33-71-43.
290	282		10 Sec. 16. (a) Except as provided in subsections (b) and (c),
291	283		11 "candidate" means an individual who:
292	284		12 (1) has taken the action necessary to qualify under Indiana
293	285		13 law for listing on the ballot at an election or to become a
294	286		14 write-in candidate;
295	287		15 (2) has publicly announced or declared candidacy for an
296	288		16 elected office; or
297	289		17 (3) otherwise seeks nomination for or election to an elected
298	290		18 office, regardless of whether the individual wins election to
299	291		19 the office.
300	292		20 (b) As used in IC 3-9, an individual becomes a "candidate"
301	293		21 when the individual, the candidate's committee, or a person acting
302	294		22 with the consent of the individual:
303	295		23 (1) receives more than one hundred dollars ($100) in
304	296		24 contributions; or
305	297		25 (2) makes more than one hundred dollars ($100) in
306	298		26 expenditures.
307	299		27 (c) As used in IC 3-13-1 and IC 3-13-2, "candidate" includes an
308	300		28 individual filling a general or municipal election ballot vacancy
309	301		29 under IC 3-13-1 or IC 3-13-2 when a county or town election
310	302		30 board, the Indiana election commission, or a court has determined
311	303		31 that the required action of:
312	304		32 (1) the individual; or
313	305		33 (2) another person under IC 3-13-1 or IC 3-13-2;
314	306		34 is void or invalid.
315	307		35 Sec. 17. "Candidate's committee" means:
316	308		36 (1) the principal political committee that each candidate is
317	309		37 required to have under IC 3-9-1; or
318	310		38 (2) an exploratory committee established by a candidate who
319	311		39 has not decided whether to become a candidate for a specific
320	312		40 office.
321	313		41 Sec. 18. As used in IC 3-9, "caucus" refers to a caucus to fill a
322	314		42 candidate vacancy under IC 3-13-1 or IC 3-13-2. The term does not
323		-	ES 80—LS 6051/DI 112 8
	315	+	SB 80—LS 6051/DI 112 8
324	316		1 include a caucus to fill a vacant office under IC 3-13-5 or
325	317		2 IC 3-13-11.
326	318		3 Sec. 19. "Central committee" means a state committee,
327	319		4 congressional district committee, county committee, city
328	320		5 committee, or town committee of a political party.
329	321		6 Sec. 20. "Chairman" refers to the chairman of a central
330	322		7 committee as follows:
331	323		8 (1) State chairman, chairman of a state committee.
332	324		9 (2) District chairman, chairman of a congressional district
333	325		10 committee.
334	326		11 (3) County chairman, chairman of a county committee.
335	327		12 (4) City chairman, chairman of a city committee.
336	328		13 (5) Town chairman, chairman of a town committee.
337	329		14 Sec. 21. "Chute" means the area that extends fifty (50) feet in
338	330		15 radius, measured from the entrance to:
339	331		16 (1) the polls; or
340	332		17 (2) for purposes of early voting:
341	333		18 (A) the office of the circuit court clerk; or
342	334		19 (B) a satellite office of the circuit court clerk established
343	335		20 under IC 3-11-10-26.3.
344	336		21 If the property line of the polling place or an office described in
345	337		22 subdivision (2) is less than fifty (50) feet from the door or entrance
346	338		23 to the polling place or office, the chute is measured from the
347	339		24 exterior door or entrance to the polling place or office to one-half
348	340		25 (1/2) the distance to the property line of the polling place or office
349	341		26 nearest to the entrance to the polls. Whenever there are two (2) or
350	342		27 more doors or entrances to the polls, the inspector of the precinct
351	343		28 shall designate one (1) door or entrance as the door for voters to
352	344		29 enter for the purpose of voting.
353	345		30 Sec. 22. "City" means a first class city, second class city, or third
354	346		31 class city as classified under IC 36-4-1-1. The term does not include
355	347		32 towns.
356	348		33 Sec. 23. "Commission" refers to the Indiana election
357	349		34 commission established by IC 3-6-4.1-1.
358	350		35 Sec. 24. "Consolidated city" refers to a first class city that has
359	351		36 become a consolidated city under IC 36-3-1.
360	352		37 Sec. 25. "Contestee" means a candidate whose nomination or
361	353		38 election is being contested by a contestor.
362	354		39 Sec. 26. "Contestor" means a person who initiates a proceeding
363	355		40 to contest the result of an election.
364	356		41 Sec. 27. (a) "Contribution" means a donation (whether
365	357		42 characterized as an advance, a deposit, a gift, a loan, a
366		-	ES 80—LS 6051/DI 112 9
	358	+	SB 80—LS 6051/DI 112 9
367	359		1 subscription, or a contract or promise to make a donation) of
368	360		2 property (as defined in IC 35-31.5-2-253) that satisfies both of the
369	361		3 following:
370	362		4 (1) The donation is made for the purpose of influencing any of
371	363		5 the following:
372	364		6 (A) The nomination or election to office of a candidate.
373	365		7 (B) The election of delegates to a state constitutional
374	366		8 convention.
375	367		9 (C) The outcome of a public question.
376	368		10 (2) The donation is accepted by any of the following:
377	369		11 (A) A candidate.
378	370		12 (B) A candidate's committee.
379	371		13 (C) A regular party committee.
380	372		14 (D) A political action committee.
381	373		15 (E) A legislative caucus committee.
382	374		16 (b) Whenever funds are transferred from one committee to
383	375		17 another, the accepting committee is considered to be receiving a
384	376		18 contribution in the amount of the funds transferred.
385	377		19 (c) Whenever a candidate or a committee accepts the personal
386	378		20 services of a person whose compensation is being paid by a third
387	379		21 person, the candidate or committee is considered to be receiving a
388	380		22 contribution from the third person in the amount of the
389	381		23 compensation paid.
390	382		24 (d) Notwithstanding subsection (a), whenever a candidate or a
391	383		25 committee accepts the personal services of a volunteer who is not
392	384		26 being compensated, the candidate or committee is not considered
393	385		27 to be receiving a contribution.
394	386		28 (e) Notwithstanding subsection (a), whenever a political action
395	387		29 committee accepts a donation of:
396	388		30 (1) rent;
397	389		31 (2) office expenses;
398	390		32 (3) management fees;
399	391		33 (4) costs of solicitations of contributions; or
400	392		34 (5) other administrative costs;
401	393		35 the committee is not considered to be receiving a contribution.
402	394		36 Sec. 28. "Convention" means an organized body of delegates
403	395		37 assembled for the purpose of selecting their political party's
404	396		38 nominees for elected offices.
405	397		39 Sec. 29. "County election board" refers to a board established
406	398		40 by IC 3-6-5-1.
407	399		41 Sec. 30. "County voter registration office" means the following:
408	400		42 (1) A board of registration established under IC 3-7-12.
409		-	ES 80—LS 6051/DI 112 10
	401	+	SB 80—LS 6051/DI 112 10
410	402		1 (2) A board of elections and registration.
411	403		2 (3) The office of the circuit court clerk, in a county in which
412	404		3 a board has not been established under subdivision (1) or (2).
413	405		4 Sec. 31. "De minimis change", with respect to a certified voting
414	406		5 system's or a certified electronic poll book's hardware, software,
415	407		6 technical documentation, or data, refers to a change which will not
416	408		7 materially alter the system's reliability, functionality, capability, or
417	409		8 operation. A change is not a de minimis change if the change has
418	410		9 reasonable and identifiable potential to affect the voting system's
419	411		10 or electronic poll book's operation and compliance with applicable
420	412		11 Indiana law.
421	413		12 Sec. 32. "Domicile" means residence, as determined under
422	414		13 IC 3-5-5.
423	415		14 Sec. 33. "Elderly" means a voter who is at least sixty-five (65)
424	416		15 years of age.
425	417		16 Sec. 34. "Elected office" means a federal office, state office,
426	418		17 legislative office, school board office, or local office. Political party
427	419		18 offices (such as precinct committeeman and state convention
428	420		19 delegate) are not considered to be elected offices.
429	421		20 Sec. 35. "Election day" refers to the calendar day on which an
430	422		21 election is held.
431	423		22 Sec. 36. "Election district" means the area comprised by
432	424		23 precincts where voters who are qualified to vote for a candidate or
433	425		24 on a public question reside and whose votes a candidate or
434	426		25 committee proposes to influence.
435	427		26 Sec. 37. "Election division" refers to the election division of the
436	428		27 secretary of state's office established by IC 3-6-4.2-1.
437	429		28 Sec. 38. "Electorate" means all the voters eligible to vote in an
438	430		29 election in the state or a political subdivision.
439	431		30 Sec. 39. "Electronic poll book" means the combination of
440	432		31 mechanical, electromechanical, and electronic equipment
441	433		32 (including the software, firmware, documentation, and backend
442	434		33 infrastructure and services, including cloud platform services,
443	435		34 required to program, control, and support the equipment) that is
444	436		35 used to access and maintain the electronic poll list.
445	437		36 Sec. 40. "Electronic poll list" means a poll list that is maintained
446	438		37 in a computer data base.
447	439		38 Sec. 41. "Electronic voting system" means a system in which:
448	440		39 (1) voters record their votes by activating touch sensitive
449	441		40 marking devices; and
450	442		41 (2) votes are counted by automatic tabulating machines.
451	443		42 Sec. 42. "Executive" means the following:
452		-	ES 80—LS 6051/DI 112 11
	444	+	SB 80—LS 6051/DI 112 11
453	445		1 (1) The board of county commissioners, for a county that does
454	446		2 not have a consolidated city.
455	447		3 (2) The mayor of the consolidated city, for a county having a
456	448		4 consolidated city.
457	449		5 (3) The mayor, for a city.
458	450		6 (4) The president of the town council, for a town.
459	451		7 (5) The trustee, for a township.
460	452		8 Sec. 43. (a) Except as provided in subsection (b), "expedited
461	453		9 basis" refers to the processing of:
462	454		10 (1) a voter registration application;
463	455		11 (2) a cancellation of a voter registration application;
464	456		12 (3) a transfer of a voter registration application; or
465	457		13 (4) another document that creates or amends the voter
466	458		14 registration record of an individual;
467	459		15 not later than forty-eight (48) hours after the document is received
468	460		16 by a county voter registration office or an agency required under
469	461		17 IC 3-7 to transmit voter registration documents to a county voter
470	462		18 registration office.
471	463		19 (b) If a voter registration application or other document listed
472	464		20 in subsection (a) includes a partial Social Security number that
473	465		21 must be submitted to the Commissioner of Social Security for
474	466		22 verification under 42 U.S.C. 405(r), "expedited basis" refers to the
475	467		23 processing of the application or document not later than
476	468		24 forty-eight (48) hours after the bureau of motor vehicles
477	469		25 commission receives verification from the Commissioner regarding
478	470		26 the partial Social Security number.
479	471		27 (c) This subsection applies to the processing of a voter
480	472		28 registration document described in subsection (a)(1) that is
481	473		29 received by a county voter registration office not more than seven
482	474		30 (7) days before the close of a registration period under
483	475		31 IC 3-7-13-10. The processing of a document subject to this
484	476		32 subsection on an "expedited basis" refers to processing not later
485	477		33 than seven (7) days following the receipt of the document.
486	478		34 Sec. 44. (a) "Expenditure" means a disbursement (whether
487	479		35 characterized as an advance, a deposit, a distribution, a gift, a loan,
488	480		36 a payment, a purchase, or a contract or promise to make a
489	481		37 disbursement) of property (as defined in IC 35-31.5-2-253) that:
490	482		38 (1) is made for the purpose of influencing:
491	483		39 (A) the nomination or election to office of a candidate;
492	484		40 (B) the election of delegates to a state constitutional
493	485		41 convention; or
494	486		42 (C) the outcome of a public question; and
495		-	ES 80—LS 6051/DI 112 12
	487	+	SB 80—LS 6051/DI 112 12
496	488		1 (2) is made by:
497	489		2 (A) an individual, except that a contribution made by an
498	490		3 individual is not considered to be an expenditure;
499	491		4 (B) a candidate's committee;
500	492		5 (C) a regular party committee; or
501	493		6 (D) a political action committee.
502	494		7 (b) Whenever funds are transferred from one committee to
503	495		8 another, the disbursing committee is considered to be making an
504	496		9 expenditure in the amount of the funds transferred.
505	497		10 Sec. 45. "Fax" refers to transmission of information by a
506	498		11 facsimile (fax) machine.
507	499		12 Sec. 46. "Federal office" refers to President of the United States,
508	500		13 Vice President of the United States, and Senator and
509	501		14 Representative in the Congress of the United States.
510	502		15 Sec. 47. "Filing" means the following:
511	503		16 (1) For purposes of filing an electronic report under
512	504		17 IC 3-9-4-4 or IC 3-9-5-7, when the requirements of IC 3-9-4-4
513	505		18 or IC 3-9-5-7 have been met.
514	506		19 (2) For all other purposes, when all of the following have
515	507		20 occurred:
516	508		21 (A) The presentation of a document to an individual
517	509		22 required to receive the document under this title.
518	510		23 (B) The receipt of the document by the individual.
519	511		24 (C) The recording of the date and time the document was
520	512		25 received by the individual.
521	513		26 Sec. 48. "Fiscal body" means:
522	514		27 (1) county council, for a county not having a consolidated city;
523	515		28 (2) city-county council, for a consolidated city or county
524	516		29 having a consolidated city;
525	517		30 (3) common council, for a second or third class city;
526	518		31 (4) town council, for a town;
527	519		32 (5) township board, for a township; or
528	520		33 (6) governing body or budget approval body, for any other
529	521		34 political subdivision.
530	522		35 Sec. 49. "Fiscal officer" means the city controller of a second
531	523		36 class city or the clerk-treasurer of a town or third class city.
532	524		37 Sec. 50. "Former candidate" refers to an individual who was a
533	525		38 candidate for an election and satisfies any of the following:
534	526		39 (1) The individual has died before the election, including a
535	527		40 candidate certified as deceased under IC 3-8-7-1.
536	528		41 (2) The individual has withdrawn as a candidate before the
537	529		42 election.
538		-	ES 80—LS 6051/DI 112 13
	530	+	SB 80—LS 6051/DI 112 13
539	531		1 (3) The individual has been disqualified as a candidate under
540	532		2 IC 3-8-1-5.
541	533		3 (4) The individual has been disqualified as a candidate under
542	534		4 a court order issued under IC 3-8-7-29(d).
543	535		5 Sec. 51. "HAVA" refers to the Help America Vote Act of 2002
544	536		6 (52 U.S.C. 20901 through 52 U.S.C. 21145).
545	537		7 Sec. 52. "IDEA" refers to the Indiana data enhancement
546	538		8 association established by IC 3-7-38.2-5.5.
547	539		9 Sec. 53. "Independent" means a candidate, or a ticket of
548	540		10 candidates for President and Vice President of the United States or
549	541		11 for governor and lieutenant governor, who states that the
550	542		12 candidate or ticket is not affiliated with any political party.
551	543		13 Sec. 54. "Individual with a nontraditional residence" means a
552	544		14 person who:
553	545		15 (1) does not reside in a private residential dwelling or an
554	546		16 institutional structure; and
555	547		17 (2) maintains a mobile residence or usually sleeps in a shelter,
556	548		18 public area, or public right-of-way.
557	549		19 Sec. 55. "Inhabitant", for purposes of:
558	550		20 (1) Article 4, Section 7 of the Constitution of the State of
559	551		21 Indiana; and
560	552		22 (2) Article 6, Section 4 of the Constitution of the State of
561	553		23 Indiana;
562	554		24 means a person who resides at a location, as determined under
563	555		25 IC 3-5-5.
564	556		26 Sec. 56. "Law enforcement officer" means a:
565	557		27 (1) police officer;
566	558		28 (2) sheriff;
567	559		29 (3) constable;
568	560		30 (4) marshal; or
569	561		31 (5) deputy of any of those persons.
570	562		32 Sec. 57. "Lawful detention" has the meaning set forth in
571	563		33 IC 35-31.5-2-186.
572	564		34 Sec. 58. "Legislative body" means the body having the power to
573	565		35 adopt county, city, or town ordinances under IC 36-1-3-6.
574	566		36 Sec. 59. "Legislative caucus committee" means an organization
575	567		37 that satisfies all of the following:
576	568		38 (1) The organization is organized by members of the general
577	569		39 assembly who belong to the same state political party.
578	570		40 (2) The organization proposes to influence only the election of
579	571		41 candidates for legislative office.
580	572		42 (3) The organization accepts contributions or makes
581		-	ES 80—LS 6051/DI 112 14
	573	+	SB 80—LS 6051/DI 112 14
582	574		1 expenditures that in the aggregate exceed one hundred dollars
583	575		2 ($100) during a calendar year to influence only the election of
584	576		3 candidates for legislative office.
585	577		4 Sec. 60. "Legislative office" refers to senator and representative
586	578		5 in the general assembly.
587	579		6 Sec. 61. "Local office" means a circuit office, county office, city
588	580		7 office, town office, township office, or other civil office for which
589	581		8 the electorate of a political subdivision votes. The term includes all
590	582		9 elected offices other than federal, state, legislative, and school
591	583		10 board offices.
592	584		11 Sec. 62. "Major political party" refers to:
593	585		12 (1) with respect to the state, either of the two (2) parties whose
594	586		13 nominees received the highest and second highest numbers of
595	587		14 votes statewide for secretary of state in the last election; or
596	588		15 (2) with respect to a political subdivision, either of the two (2)
597	589		16 parties whose nominees received the highest and second
598	590		17 highest numbers of votes in that political subdivision for
599	591		18 secretary of state in the last election.
600	592		19 Sec. 63. (a) "Marking device" means:
601	593		20 (1) a pencil or pen for marking a paper ballot or ballot card;
602	594		21 or
603	595		22 (2) an approved device that automatically:
604	596		23 (A) registers the voter's vote on an electronic voting
605	597		24 system; or
606	598		25 (B) produces a marked optical scan ballot indicating the
607	599		26 choices of the voter.
608	600		27 (b) A voter verifiable paper audit trail is not a marking device.
609	601		28 Sec. 64. "Member of the military or public safety officer" has
610	602		29 the meaning set forth in IC 10-14-2-5.
611	603		30 Sec. 65. "Modification", for a certified voting system, refers to
612	604		31 a change:
613	605		32 (1) in the software or firmware of the voting system; or
614	606		33 (2) to the hardware of the voting system that:
615	607		34 (A) materially alters the system's reliability, functionality,
616	608		35 capacity, or operation; or
617	609		36 (B) has a reasonable and identifiable potential to affect the
618	610		37 voting system's operation and compliance with the
619	611		38 applicable voting system standards.
620	612		39 Sec. 66. "Municipality" means a city or town.
621	613		40 Sec. 67. "Nomination date" refers to the following:
622	614		41 (1) For candidates nominated in a primary election, the date
623	615		42 of the primary election.
624		-	ES 80—LS 6051/DI 112 15
	616	+	SB 80—LS 6051/DI 112 15
625	617		1 (2) For candidates nominated in a convention, the date the
626	618		2 convention is scheduled to be called to order, according to the
627	619		3 call of the convention issued by the political party.
628	620		4 (3) For candidates selected to fill a ballot vacancy, the date the
629	621		5 certificate of selection of the candidate is filed under
630	622		6 IC 3-13-1-15 or IC 3-13-2-8.
631	623		7 (4) For candidates nominated by petition, the final date the
632	624		8 petition of nomination is permitted to be filed under
633	625		9 IC 3-8-6-10(c).
634	626		10 (5) For write-in candidates, the final date the candidate's
635	627		11 declaration of intent to be a write-in candidate is permitted to
636	628		12 be filed under IC 3-8-2-4.
637	629		13 Sec. 68. "Nominee" means a candidate:
638	630		14 (1) nominated by a political party at a primary election or
639	631		15 convention under this title as the party's candidate for an
640	632		16 elected office in a general, municipal, or special election; or
641	633		17 (2) nominated by petition for an elected office.
642	634		18 Sec. 69. "NVRA" refers to the National Voter Registration Act
643	635		19 of 1993 (52 U.S.C. 20501 through 52 U.S.C. 20511).
644	636		20 Sec. 70. "NVRA official" refers to the designee under
645	637		21 IC 3-7-11-1.
646	638		22 Sec. 71. "Office" refers to the office of census data established
647	639		23 by IC 2-5-1.1-12.2.
648	640		24 Sec. 72. "Optical scan ballot" means a card or another paper on
649	641		25 which votes are:
650	642		26 (1) recorded by marking the card with a marking device; and
651	643		27 (2) tabulated by an optical system that reads the marks on the
652	644		28 card or paper.
653	645		29 Sec. 73. "Optical scan voting system" means a voting system
654	646		30 using optical scan ballots. The term includes a voting system that
655	647		31 consists of features of both a ballot card voting system and an
656	648		32 electronic voting system.
657	649		33 Sec. 74. "Organization" means a person that is not an
658	650		34 individual. The term includes a business firm or corporation, a
659	651		35 limited liability company, a labor organization, a religious
660	652		36 organization, a political club, a trustee, a receiver, or any other
661	653		37 type of association or group of individuals.
662	654		38 Sec. 75. "Overseas voter" refers to any of the following:
663	655		39 (1) An absent uniformed services voter who, by reason of
664	656		40 active duty or service, is absent from the United States on the
665	657		41 date of the election involved.
666	658		42 (2) A person who resides outside the United States and is
667		-	ES 80—LS 6051/DI 112 16
	659	+	SB 80—LS 6051/DI 112 16
668	660		1 qualified to vote in the last place in which the person was
669	661		2 domiciled before leaving the United States.
670	662		3 (3) A person who resides outside the United States and, but
671	663		4 for such residence, would be qualified to vote in the last place
672	664		5 in which the person was domiciled before leaving the United
673	665		6 States.
674	666		7 Sec. 76. (a) "Paper ballot" refers to a ballot that is:
675	667		8 (1) marked by a voter using a pen or pencil; and
676	668		9 (2) designed to be counted by hand and not counted on an
677	669		10 automatic tabulating machine.
678	670		11 (b) The term does not include a ballot card.
679	671		12 Sec. 77. "Person" means an individual or an organization.
680	672		13 Sec. 78. (a) Except as provided in subsection (b), "political
681	673		14 action committee" means an organization located within or outside
682	674		15 Indiana that satisfies all of the following:
683	675		16 (1) The organization proposes to influence:
684	676		17 (A) the election of a candidate for state, legislative, local, or
685	677		18 school board office; or
686	678		19 (B) the outcome of a public question.
687	679		20 (2) The organization accepts contributions or makes
688	680		21 expenditures during a calendar year:
689	681		22 (A) to influence the election of a candidate for state,
690	682		23 legislative, local, or school board office or the outcome of
691	683		24 a public question that will appear on the ballot in Indiana;
692	684		25 and
693	685		26 (B) that in the aggregate exceed one hundred dollars
694	686		27 ($100).
695	687		28 (3) The organization is not any of the following:
696	688		29 (A) An auxiliary party organization.
697	689		30 (B) A legislative caucus committee.
698	690		31 (C) A regular party committee.
699	691		32 (D) A candidate's committee.
700	692		33 (b) A corporation or labor organization that makes a
701	693		34 contribution in accordance with IC 3-9-2 or makes an expenditure
702	694		35 is not considered a political action committee.
703	695		36 Sec. 79. "Political subdivision" means a county, city, town,
704	696		37 township, school corporation, public library, local housing
705	697		38 authority, fire protection district, public transportation
706	698		39 corporation, local building authority, local hospital authority or
707	699		40 corporation, local airport authority, special service district, special
708	700		41 taxing district, or other type of local governmental corporate
709	701		42 entity.
710		-	ES 80—LS 6051/DI 112 17
	702	+	SB 80—LS 6051/DI 112 17
711	703		1 Sec. 80. "Polls" means the room in a structure where the voters
712	704		2 of a precinct vote by casting ballots on election day.
713	705		3 Sec. 81. "Precinct" means a subdivision of a county or township
714	706		4 established for election purposes.
715	707		5 Sec. 82. "Precinct election officer" means a person appointed to
716	708		6 serve in a precinct as one (1) of the following:
717	709		7 (1) Inspector.
718	710		8 (2) Judge.
719	711		9 (3) Poll clerk.
720	712		10 (4) Assistant poll clerk.
721	713		11 (5) Election sheriff.
722	714		12 Sec. 83. (a) "Presidential elector" refers to an elector for
723	715		13 President and Vice President of the United States as provided in
724	716		14 Article 2, Section 1, Clause 2 of the Constitution of the United
725	717		15 States and Section 3 of the Fourteenth Amendment to the
726	718		16 Constitution of the United States.
727	719		17 (b) The term includes an alternate presidential elector elected
728	720		18 as provided in IC 3-10-4, unless the text or the context of the
729	721		19 statute provides otherwise.
730	722		20 Sec. 84. (a) Except as provided in subsection (b), "proof of
731	723		21 identification" refers to a document that satisfies all the following:
732	724		22 (1) The document shows the name of the individual to whom
733	725		23 the document was issued, and the name conforms to the name
734	726		24 in the individual's voter registration record.
735	727		25 (2) The document shows a photograph of the individual to
736	728		26 whom the document was issued.
737	729		27 (3) The document includes an expiration date, and the
738	730		28 document:
739	731		29 (A) is not expired; or
740	732		30 (B) expired after the date of the most recent general
741	733		31 election.
742	734		32 (4) The document was issued by the United States or the state
743	735		33 of Indiana.
744	736		34 (b) Notwithstanding subsection (a)(3), a document issued by the
745	737		35 United States Department of Defense, the United States
746	738		36 Department of Veterans Affairs (or its predecessor, the Veterans
747	739		37 Administration), a branch of the uniformed services, the Merchant
748	740		38 Marine, the Indiana National Guard, or a Native American Indian
749	741		39 tribe or band recognized by the United States government that:
750	742		40 (1) otherwise complies with the requirements of subsection
751	743		41 (a); and
752	744		42 (2) has no expiration date or states that the document has an
753		-	ES 80—LS 6051/DI 112 18
	745	+	SB 80—LS 6051/DI 112 18
754	746		1 indefinite expiration date;
755	747		2 is sufficient proof of identification for purposes of this title.
756	748		3 Sec. 85. "Provisional ballot" refers to a ballot cast in accordance
757	749		4 with the provisions of IC 3-11.7.
758	750		5 Sec. 86. "Provisional voter" refers to an individual who is
759	751		6 entitled to cast a provisional ballot under IC 3-11.7.
760	752		7 Sec. 87. "Public question" means a constitutional amendment,
761	753		8 proposition, or other issue submitted to the electorate at an
762	754		9 election.
763	755		10 Sec. 88. "Registration agency" refers to any of the following:
764	756		11 (1) The bureau of motor vehicles.
765	757		12 (2) Any other agency at which individuals may register to vote
766	758		13 under IC 3-7.
767	759		14 Sec. 89. "Regular party committee" means:
768	760		15 (1) a central committee; or
769	761		16 (2) a national committee of a political party.
770	762		17 Sec. 90. "Residence" means the place:
771	763		18 (1) where a person has the person's true, fixed, and
772	764		19 permanent home and principal establishment; and
773	765		20 (2) to which the person has, whenever absent, the intention of
774	766		21 returning.
775	767		22 Sec. 91. "Scantron" means an optical scan ballot that consists of
776	768		23 an optical scan card that contains:
777	769		24 (1) the names of; or
778	770		25 (2) coding that indicates the names of;
779	771		26 political parties and candidates selected by the voter.
780	772		27 Sec. 92. "School board" means the fiscal body of a school
781	773		28 corporation.
782	774		29 Sec. 93. "School board office" refers to an elected position on
783	775		30 the school board of a school corporation.
784	776		31 Sec. 94. "School corporation" refers to a public school
785	777		32 corporation established under IC 20.
786	778		33 Sec. 95. "School district" means the taxing district of a school
787	779		34 corporation.
788	780		35 Sec. 96. "Signing the poll list" means:
789	781		36 (1) a voter writing the voter's name on the certified list of
790	782		37 registered voters for the precinct prepared in accordance with
791	783		38 IC 3-7-29-1; or
792	784		39 (2) a voter writing the voter's name on an electronic poll book
793	785		40 using an electronic signature pad, tablet, or other signature
794	786		41 capturing device at a polling place, office of the circuit court
795	787		42 clerk (under IC 3-11-10-26), or satellite office (as established
796		-	ES 80—LS 6051/DI 112 19
	788	+	SB 80—LS 6051/DI 112 19
797	789		1 under IC 3-11-10-26.3) where the use of an electronic poll
798	790		2 book is authorized in accordance with IC 3-7-29-6.
799	791		3 Sec. 97. "State office" refers to the governor, lieutenant
800	792		4 governor, secretary of state, auditor of state, treasurer of state,
801	793		5 attorney general, justice of the supreme court, judge of the court
802	794		6 of appeals, and judge of the tax court.
803	795		7 Sec. 98. "Testing authority" means an independent test
804	796		8 authority or independent laboratory:
805	797		9 (1) as described in the Voting System Standards issued by the
806	798		10 Federal Election Commission on April 30, 2002; or
807	799		11 (2) accredited under Section 231 of HAVA (52 U.S.C. 20971).
808	800		12 Sec. 99. "Town" refers to an incorporated town of any
809	801		13 population. The term does not include cities.
810	802		14 Sec. 100. "Uniformed services" means any of the following:
811	803		15 (1) The Army.
812	804		16 (2) The Navy.
813	805		17 (3) The Air Force.
814	806		18 (4) The Marine Corps.
815	807		19 (5) The Coast Guard.
816	808		20 (6) The Space Force.
817	809		21 (7) The commissioned corps of the Public Health Service.
818	810		22 (8) The commissioned corps of the National Oceanic and
819	811		23 Atmospheric Administration.
820	812		24 Sec. 101. "United States", as used in section 75 of this chapter,
821	813		25 means any of the states of the United States, the District of
822	814		26 Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
823	815		27 Islands, and American Samoa.
824	816		28 Sec. 102. "Unknown or insufficient address" refers to an
825	817		29 address on a mailing returned by the United States Postal Service
826	818		30 with one (1) or more of substantially the following statements made
827	819		31 on the mailing by the United States Postal Service or a person
828	820		32 residing at the address to which the mailing was sent:
829	821		33 (1) Attempted-Not Known.
830	822		34 (2) Box Closed.
831	823		35 (3) Deceased.
832	824		36 (4) Forwarding time expired.
833	825		37 (5) Insufficient Address.
834	826		38 (6) Left No Address.
835	827		39 (7) Moved.
836	828		40 (8) No such number.
837	829		41 (9) No such office in state.
838	830		42 (10) No such street.
839		-	ES 80—LS 6051/DI 112 20
	831	+	SB 80—LS 6051/DI 112 20
840	832		1 (11) Not deliverable as addressed.
841	833		2 (12) Refused.
842	834		3 (13) Returned for better address.
843	835		4 (14) Returned to sender.
844	836		5 (15) Unable to forward.
845	837		6 (16) Unclaimed.
846	838		7 (17) Undeliverable as addressed.
847	839		8 (18) Vacant.
848	840		9 Sec. 103. "Vote center" means a polling place where a voter who
849	841		10 resides in the county in which the vote center is located may vote
850	842		11 without regard to the precinct in which the voter resides.
851	843		12 Sec. 104. "Voter" means a person who is qualified and
852	844		13 registered to vote in an election.
853	845		14 Sec. 105. "Voter identification number" refers to the number
854	846		15 determined for a voter under IC 3-7-13-13.
855	847		16 Sec. 106. "Voter with disabilities" means a voter who has a
856	848		17 permanent or temporary physical disability, as set forth in 52
857	849		18 U.S.C. 20107.
858	850		19 Sec. 107. "Voter with print disabilities" means an individual
859	851		20 who is unable to independently mark a paper ballot or ballot card
860	852		21 due to blindness, low vision, or a physical disability that impairs
861	853		22 manual dexterity.
862	854		23 Sec. 108. "Voter's bill of rights" refers to the statement
863	855		24 prescribed by the commission under IC 3-5-8.
864	856		25 Sec. 109. "Voting mark" means any of the following:
865	857		26 (1) A cross mark or check mark (X or U) on a hand-counted
866	858		27 paper ballot.
867	859		28 (2) A shaded-in circle, oval, or square, or a connected arrow
868	860		29 on an optical scan ballot card.
869	861		30 (3) A highlighted area on a direct record electronic voting
870	862		31 system.
871	863		32 Sec. 110. "Voting method" means the use of:
872	864		33 (1) paper ballots;
873	865		34 (2) ballot card voting systems;
874	866		35 (3) electronic voting systems; or
875	867		36 (4) any combination of these;
876	868		37 to register votes in a precinct.
877	869		38 Sec. 111. "Voting system" means, as provided in 52 U.S.C.
878	870		39 21081:
879	871		40 (1) the total combination of mechanical, electromechanical, or
880	872		41 electronic equipment (including the software, firmware, and
881	873		42 documentation required to program, control, and support
882		-	ES 80—LS 6051/DI 112 21
	874	+	SB 80—LS 6051/DI 112 21
883	875		1 that equipment) that is used:
884	876		2 (A) to define ballots;
885	877		3 (B) to cast and count votes;
886	878		4 (C) to report or display election results; and
887	879		5 (D) to maintain and produce any audit trail information;
888	880		6 and
889	881		7 (2) the practices and associated documentation used:
890	882		8 (A) to identify system components and versions of those
891	883		9 components;
892	884		10 (B) to test the system during its development and
893	885		11 maintenance;
894	886		12 (C) to maintain records of system errors and defects;
895	887		13 (D) to determine specific system changes to be made to a
896	888		14 system after the initial qualification of the system; and
897	889		15 (E) to make available any materials to the voter (such as
898	890		16 notices, instructions, forms, or paper ballots).
899	891		17 Sec. 112. "VSTOP" refers to the voting system technical
900	892		18 oversight program established by IC 3-11-16-2.
901	893		19 Sec. 113. "Web Content Guidelines" refers to version 2.1 of the
902	894		20 recommendations for making web content accessible for
903	895		21 individuals with disabilities published on June 5, 2018, by the Web
904	896		22 Accessibility Initiative of the World Wide Web Consortium.
905	897		23 Sec. 114. "Write-in candidate" means a candidate:
906	898		24 (1) who has filed a declaration of intent to be a write-in
907	899		25 candidate; and
908	900		26 (2) whose declaration of intent to be a write-in candidate has
909	901		27 been accepted by the appropriate authority under IC 3-8-2-5
910	902		28 and IC 3-8-2-6.
911	903		29 SECTION 7. IC 3-5-5-0.2, AS ADDED BY P.L.258-2013,
912	904		30 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
913	905		31 JULY 1, 2025]: Sec. 0.2. Notwithstanding any other law, the additions
914	906		32 and amendments to IC 3-5-2 IC 3-5-2.1 or this chapter made by SEA
915	907		33 519-2013 do not affect any:
916	908		34 (1) rights or liabilities accrued;
917	909		35 (2) penalties incurred;
918	910		36 (3) violations committed; or
919	911		37 (4) proceedings begun;
920	912		38 before July 1, 2013. Those rights, liabilities, penalties, offenses, and
921	913		39 proceedings continue and shall be imposed and enforced under prior
922	914		40 law as if SEA 519-2013 had not been enacted.
923	915		41 SECTION 8. IC 3-5-5-0.3, AS ADDED BY P.L.169-2015,
924	916		42 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
925		-	ES 80—LS 6051/DI 112 22
	917	+	SB 80—LS 6051/DI 112 22
926	918		1 JULY 1, 2025]: Sec. 0.3. Notwithstanding any other law, the additions
927	919		2 and amendments to IC 3-5-2 IC 3-5-2.1 or this chapter made by
928	920		3 legislation enacted in the 2015 regular session of the general assembly
929	921		4 do not affect any:
930	922		5 (1) rights or liabilities accrued;
931	923		6 (2) penalties incurred;
932	924		7 (3) violations committed; or
933	925		8 (4) proceedings begun;
934	926		9 before July 1, 2015. Those rights, liabilities, penalties, offenses, and
935	927		10 proceedings continue and shall be imposed and enforced under prior
936	928		11 law as if the legislation had not been enacted.
937	929		12 SECTION 9. IC 3-5-5-18 IS AMENDED TO READ AS FOLLOWS
938	930		13 [EFFECTIVE JULY 1, 2025]: Sec. 18. Notwithstanding IC 3-5-2-42.5,
939	931		14 IC 3-5-2.1-90, an individual with a nontraditional residence whose
940	932		15 residence is within a precinct, but is not fixed or permanent, resides in
941	933		16 that precinct.
942	934		17 SECTION 10. IC 3-6-1-15 IS AMENDED TO READ AS
943	935		18 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. Notwithstanding
944	936		19 any other statute, an individual serving in any of the following political
945	937		20 party offices is not considered to be holding an office for purposes of
946	938		21 Article 15 of the Constitution of the State of Indiana:
947	939		22 (1) Precinct committeeman.
948	940		23 (2) Precinct vice committeeman.
949	941		24 (3) State convention delegate.
950	942		25 (4) Chair or other officer of a central committee.
951	943		26 (5) Any other political party office (as defined in IC 3-5-2-17).
952	944		27 IC 3-5-2.1-34).
953	945		28 SECTION 11. IC 3-6-2-10.5, AS AMENDED BY P.L.278-2019,
954	946		29 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
955	947		30 JULY 1, 2025]: Sec. 10.5. The county chairman of a major political
956	948		31 party shall, upon the request of a person who is serving in an elected
957	949		32 office (as defined in IC 3-5-2-17), IC 3-5-2.1-34), provide to that
958	950		33 person the name and address of the precinct committeeman and vice
959	951		34 committeeman of that party for each precinct in the county.
960	952		35 SECTION 12. IC 3-6-4.2-14, AS AMENDED BY P.L.141-2023,
961	953		36 SECTION 2, AND BY P.L.227-2023, SECTION 11, IS AMENDED
962	954		37 TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. (a)
963	955		38 Each year in which a general or municipal election is held, the election
964	956		39 division shall call a meeting of all the members of the county election
965	957		40 boards, the boards of registration (subject to IC 3-7-12), and the boards
966	958		41 of elections and registration (as defined in IC 3-5-2-5.3) IC 3-5-2.1-12)
967	959		42 to instruct them regarding all of the following:
968		-	ES 80—LS 6051/DI 112 23
	960	+	SB 80—LS 6051/DI 112 23
969	961		1 (1) Their duties under this title and federal law (including HAVA
970	962		2 and NVRA).
971	963		3 (2) Requirements and best practices concerning cybersecurity for
972	964		4 the computerized list, voting systems, and electronic poll books.
973	965		5 (3) Physical security for all aspects of the election process,
974	966		6 including voting systems, electronic poll books, absentee voting,
975	967		7 and polling places.
976	968		8 (4) Requirements and best practices to ensure that voting systems,
977	969		9 precinct polling places, and vote centers are accessible to voters
978	970		10 with disabilities.
979	971		11 (5) Best practices in answering voters' questions on how to vote,
980	972		12 including providing instructions to voters on straight ticket voting.
981	973		13 (b) The election division may call a meeting under this section:
982	974		14 (1) during a year in which a general or a municipal election is not
983	975		15 held; and
984	976		16 (2) at other times when the election division determines that doing
985	977		17 so is necessary or desirable.
986	978		18 (c) Each circuit court clerk, each member of a board of registration
987	979		19 established under IC 3-7-12, and each director, assistant director, or
988	980		20 co-director of a board of elections and registration shall attend a
989	981		21 meeting called by the election division under this section. A member
990	982		22 of a county election board may attend a meeting called by the election
991	983		23 division under this section. A circuit court clerk, member of a board of
992	984		24 registration, or member of a board of elections and registration may
993	985		25 require the attendance of the following:
994	986		26 (1) Each of the circuit court clerk's, board of registration
995	987		27 member's, or board of elections and registration member's
996	988		28 appointed and acting chief deputies or chief assistants with
997	989		29 election related responsibilities.
998	990		30 (2) If the number of deputies or assistants:
999	991		31 (A) is not more than three (3), one (1) of the clerk's or
1000	992		32 member's appointed and acting deputies or assistants; or
1001	993		33 (B) is greater than three (3), two (2) of the clerk's or member's
1002	994		34 appointed and acting deputies or assistants.
1003	995		35 (d) The election division shall set the time and place of the
1004	996		36 instructional meeting. In years in which a primary election is held, the
1005	997		37 election division:
1006	998		38 (1) may conduct the meeting before the first day of the year; and
1007	999		39 (2) shall conduct the meeting before primary election day.
1008	1000		40 The instructional meeting may not last for more than three (3) days.
1009	1001		41 (e) Each individual who attends the meeting under subsection (c)
1010	1002		42 and an individual who has been elected or selected to serve as circuit
1011		-	ES 80—LS 6051/DI 112 24
	1003	+	SB 80—LS 6051/DI 112 24
1012	1004		1 court clerk but has not yet begun serving in that office is entitled to
1013	1005		2 receive all of the following from the county general fund without
1014	1006		3 appropriation:
1015	1007		4 (1) A sum for mileage at a rate determined by the fiscal body of
1016	1008		5 the unit the official represents for each mile necessarily traveled
1017	1009		6 in going to and returning from the meeting by the most
1018	1010		7 expeditious route. Regardless of the duration of the conference,
1019	1011		8 only one (1) mileage reimbursement shall be allowed to the
1020	1012		9 official furnishing the conveyance even if the official transports
1021	1013		10 more than one (1) person.
1022	1014		11 (2) An allowance for lodging for each night preceding conference
1023	1015		12 attendance in an amount equal to the single room rate. However,
1024	1016		13 lodging expense, in the case of a one (1) day conference, shall
1025	1017		14 only be allowed for persons who reside fifty (50) miles or farther
1026	1018		15 from the conference location.
1027	1019		16 (3) Reimbursement of an official, a deputy, or an assistant in an
1028	1020		17 amount determined by the fiscal body of the unit the official,
1029	1021		18 deputy, or assistant represents, for meals purchased while
1030	1022		19 attending a conference called under this section.
1031	1023		20 (f) The election division shall certify the number of days of
1032	1024		21 attendance and the mileage for each conference to each official, deputy,
1033	1025		22 or assistant attending any conference under this section.
1034	1026		23 (g) All payments of mileage and lodging shall be made by the
1035	1027		24 proper disbursing officer in the manner provided by law on a duly
1036	1028		25 verified claim or voucher to which shall be attached the certificate of
1037	1029		26 the election division showing the number of days attended and the
1038	1030		27 number of miles traveled. All payments shall be made from the county
1039	1031		28 general fund from any money not otherwise appropriated and without
1040	1032		29 any previous appropriation being made therefore.
1041	1033		30 (h) A claim for reimbursement under this section may not be denied
1042	1034		31 by the body responsible for the approval of claims if the claim complies
1043	1035		32 with IC 5-11-10-1.6 and this section.
1044	1036		33 SECTION 13. IC 3-7-26.3-32 IS AMENDED TO READ AS
1045	1037		34 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 32. (a) This section
1046	1038		35 applies to a county with a county voter registration office described in
1047	1039		36 IC 3-5-2-16.2(1) IC 3-5-2.1-30(1) or IC 3-5-2-16.2(2).
1048	1040		37 IC 3-5-2.1-30(2).
1049	1041		38 (b) The computerized list must permit a county election board to
1050	1042		39 view data concerning voters of the county in order to do the following:
1051	1043		40 (1) Administer absentee balloting.
1052	1044		41 (2) Determine whether an individual who wishes to file as a
1053	1045		42 candidate is a voter of the county.
1054		-	ES 80—LS 6051/DI 112 25
	1046	+	SB 80—LS 6051/DI 112 25
1055	1047		1 SECTION 14. IC 3-8-2-11, AS AMENDED BY P.L.74-2017,
1056	1048		2 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1057	1049		3 JULY 1, 2025]: Sec. 11. (a) A declaration of candidacy may be made
1058	1050		4 by mail and is considered filed as of the date and hour the filing occurs
1059	1051		5 in the manner described by IC 3-5-2-24.5 IC 3-5-2.1-47 in the office
1060	1052		6 of the election division or circuit court clerk.
1061	1053		7 (b) This subsection applies to a candidate required to file a
1062	1054		8 statement of economic interests under IC 2-2.2-2 or IC 33-23-11-15 or
1063	1055		9 a financial disclosure statement under IC 4-2-6-8. This subsection does
1064	1056		10 not apply to a candidate for a local office or school board office
1065	1057		11 required to file a statement of economic interests under IC 3-8-9. The
1066	1058		12 election division shall require the candidate to produce a:
1067	1059		13 (1) copy of the statement, file stamped by the office required to
1068	1060		14 receive the statement of economic interests; or
1069	1061		15 (2) receipt or photocopy of a receipt showing that the statement
1070	1062		16 has been filed;
1071	1063		17 before the election division accepts the declaration for filing. The
1072	1064		18 election division shall reject a filing that does not comply with this
1073	1065		19 subsection.
1074	1066		20 (c) This subsection applies to a candidate for a local office or school
1075	1067		21 board office required to file a statement of economic interests under
1076	1068		22 IC 3-8-9. The circuit court clerk shall reject a declaration of candidacy
1077	1069		23 that does not include a statement of economic interests.
1078	1070		24 SECTION 15. IC 3-9-2-5 IS AMENDED TO READ AS FOLLOWS
1079	1071		25 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) A contribution:
1080	1072		26 (1) authorized under subsection (c) or section 4 of this chapter;
1081	1073		27 (2) to a committee by a corporation or labor organization; and
1082	1074		28 (3) designated by that corporation or labor organization for
1083	1075		29 disbursement to a specific candidate, central committee, or other
1084	1076		30 regular party committee;
1085	1077		31 is subject to the limitations in section 4 of this chapter.
1086	1078		32 (b) A corporation or labor organization may make a donation to
1087	1079		33 cover any amount of administrative costs (as described in
1088	1080		34 IC 3-5-2-15(e)) IC 3-5-2.1-27(e)) to a political action committee
1089	1081		35 established and controlled by the corporation or labor organization. A
1090	1082		36 donation made under this subsection is not considered a contribution
1091	1083		37 or an expenditure by the corporation or labor organization.
1092	1084		38 (c) A corporation or labor organization may make a contribution to
1093	1085		39 a political action committee if the contribution:
1094	1086		40 (1) does not exceed any of the limits prescribed under section 4
1095	1087		41 of this chapter; and
1096	1088		42 (2) is designated for disbursement to a specific candidate or
1097		-	ES 80—LS 6051/DI 112 26
	1089	+	SB 80—LS 6051/DI 112 26
1098	1090		1 committee listed under section 4 of this chapter.
1099	1091		2 SECTION 16. IC 3-9-4-4, AS AMENDED BY P.L.91-2019,
1100	1092		3 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1101	1093		4 JULY 1, 2025]: Sec. 4. (a) The election division shall develop a filing
1102	1094		5 and coding system consistent with the purposes of this article. The
1103	1095		6 election division and each county election board shall use the filing and
1104	1096		7 coding system. The coding system must provide:
1105	1097		8 (1) not more than ten (10) codes to account for various campaign
1106	1098		9 expenditure items; and
1107	1099		10 (2) a clear explanation of the kinds of expenditure items that must
1108	1100		11 be accounted for under each code.
1109	1101		12 (b) The election division shall develop and use a computer system
1110	1102		13 to store campaign finance reports required to be filed under IC 3-9-5-6,
1111	1103		14 IC 3-9-5-10, and IC 3-9-5-20.1. The computer system must enable the
1112	1104		15 election division to do the following:
1113	1105		16 (1) Identify all candidates or committees that received
1114	1106		17 contributions from a contributor over the past three (3) years.
1115	1107		18 (2) Identify all contributors to a candidate or committee over the
1116	1108		19 past three (3) years.
1117	1109		20 (3) Provide for electronic submission, retrieval, storage, and
1118	1110		21 disclosure of campaign finance reports of candidates for the
1119	1111		22 following:
1120	1112		23 (A) Legislative office.
1121	1113		24 (B) State office.
1122	1114		25 The election division shall provide training at no cost to
1123	1115		26 candidates to enable candidates described in this subdivision to
1124	1116		27 file campaign finance reports electronically.
1125	1117		28 (c) The election division shall notify each candidate's committee
1126	1118		29 that the election division will provide at the committee's request at no
1127	1119		30 cost a standardized software program to permit the committee to install
1128	1120		31 the software on a computer and generate an electronic version of the
1129	1121		32 reports and statements required to be filed with the election division
1130	1122		33 under this article. However, the election division is not required to
1131	1123		34 provide or alter the software program to make the program compatible
1132	1124		35 for installation or operation on a specific computer.
1133	1125		36 (d) This subsection applies to the following committees:
1134	1126		37 (1) A committee for a candidate seeking election to a state office.
1135	1127		38 (2) A committee for a candidate seeking election to a legislative
1136	1128		39 office.
1137	1129		40 (3) A political action committee that has received more than fifty
1138	1130		41 thousand dollars ($50,000) in contributions since the close of the
1139	1131		42 previous reporting period.
1140		-	ES 80—LS 6051/DI 112 27
	1132	+	SB 80—LS 6051/DI 112 27
1141	1133		1 The committee must file electronically the report or statement required
1142	1134		2 under this article with the election division using a standardized
1143	1135		3 software program supplied to the committee without charge under
1144	1136		4 subsection (c) or another format approved by the election division. An
1145	1137		5 electronic filing approved by the election division under this subsection
1146	1138		6 may not require manual reentry into a computer system of the data
1147	1139		7 contained in the report or statement in order to make the data available
1148	1140		8 to the general public under subsection (g).
1149	1141		9 (e) This subsection applies to an electronic submission under
1150	1142		10 subsection (b)(3). An electronic submission must be in a format
1151	1143		11 previously approved by the election division that permits the election
1152	1144		12 division to print out a hard copy of the report after the receipt of the
1153	1145		13 electronic submission from the candidate. Filing of a report occurs
1154	1146		14 under IC 3-5-2-24.5 IC 3-5-2.1-47 on the date and at the time
1155	1147		15 electronically recorded by the election division's computer system. If
1156	1148		16 a discrepancy exists between the text of the electronic submission and
1157	1149		17 the printed report, the text of the printed report prevails until an
1158	1150		18 amendment is filed under this article to correct the discrepancy.
1159	1151		19 (f) The election division is not required to accept an electronic
1160	1152		20 submission unless the submission complies with subsection (b)(3).
1161	1153		21 Upon receiving approval from the commission, the election division
1162	1154		22 may accept an electronic submission from candidates, committees, or
1163	1155		23 persons described in subsection (b)(3).
1164	1156		24 (g) The election division shall make campaign finance reports stored
1165	1157		25 on the computer system under subsection (b) available to the general
1166	1158		26 public through an on-line online service.
1167	1159		27 SECTION 17. IC 3-9-5-7 IS AMENDED TO READ AS FOLLOWS
1168	1160		28 [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) A person may deliver reports
1169	1161		29 to the appropriate office as follows:
1170	1162		30 (1) By hand.
1171	1163		31 (2) By mail.
1172	1164		32 (3) By electronic mail, if the appropriate office has the capacity
1173	1165		33 to do all of the following:
1174	1166		34 (A) Receive electronic mail.
1175	1167		35 (B) Electronically record the date and time that electronic mail
1176	1168		36 is received by the office.
1177	1169		37 (C) Print out a hard copy of the report after the receipt of the
1178	1170		38 electronic mail by the office.
1179	1171		39 (b) Reports must be filed as follows:
1180	1172		40 (1) Hand delivered reports or reports transmitted by mail must be
1181	1173		41 filed with the appropriate office during regular office hours not
1182	1174		42 later than noon seven (7) days after the date of the report.
1183		-	ES 80—LS 6051/DI 112 28
	1175	+	SB 80—LS 6051/DI 112 28
1184	1176		1 (2) Reports delivered by electronic mail must be filed with the
1185	1177		2 appropriate office not later than noon seven (7) days after the date
1186	1178		3 of the report.
1187	1179		4 (c) This subsection applies to a report delivered by electronic mail.
1188	1180		5 Filing of a report occurs under IC 3-5-2-24.5 IC 3-5-2.1-47 on the date
1189	1181		6 and at the time electronically recorded by the office's computer system.
1190	1182		7 If a discrepancy exists between the text of the electronic mail and the
1191	1183		8 printed report, the text of the printed report prevails until an
1192	1184		9 amendment is filed under this article to correct the discrepancy.
1193	1185		10 (d) An office is not required to accept a report or statement required
1194	1186		11 under this article by facsimile transmission. Upon approval of a policy
1195	1187		12 by the commission or a county election board to receive reports or
1196	1188		13 statements by facsimile transmission, the election division or the
1197	1189		14 county election board may accept the facsimile transmission of a report
1198	1190		15 or statement.
1199	1191		16 SECTION 18. IC 3-9-8-2, AS ADDED BY P.L.81-2024, SECTION
1200	1192		17 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
1201	1193		18 2025]: Sec. 2. (a) For purposes of this chapter, subject to subsection
1202	1194		19 (b), "candidate" has the meaning set forth in IC 3-5-2-6. IC 3-5-2.1-16.
1203	1195		20 (b) For purposes of this chapter, "candidate" includes an individual
1204	1196		21 who holds an elected office, including:
1205	1197		22 (1) a federal or state office, including a federal or state legislative
1206	1198		23 office;
1207	1199		24 (2) a school board office; or
1208	1200		25 (3) a local office.
1209	1201		26 SECTION 19. IC 3-10-1-7.2, AS AMENDED BY P.L.157-2019,
1210	1202		27 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1211	1203		28 JULY 1, 2025]: Sec. 7.2. (a) Except as provided in subsection (e), a
1212	1204		29 voter who desires to vote an official ballot at a primary election shall
1213	1205		30 provide proof of identification.
1214	1206		31 (b) Except as provided in subsection (e), before the voter proceeds
1215	1207		32 to vote in a primary election, a precinct election officer shall ask the
1216	1208		33 voter to provide proof of identification. The voter must produce the
1217	1209		34 proof of identification before being permitted to sign the poll list.
1218	1210		35 (c) If:
1219	1211		36 (1) the voter is unable or declines to present the proof of
1220	1212		37 identification; or
1221	1213		38 (2) a member of the precinct election board determines that the
1222	1214		39 proof of identification presented by the voter does not qualify as
1223	1215		40 proof of identification under IC 3-5-2-40.5; IC 3-5-2.1-84;
1224	1216		41 a member of the precinct election board shall challenge the voter as
1225	1217		42 prescribed by IC 3-11-8.
1226		-	ES 80—LS 6051/DI 112 29
	1218	+	SB 80—LS 6051/DI 112 29
1227	1219		1 (d) If the voter executes a challenged voter's affidavit under section
1228	1220		2 9 of this chapter or IC 3-11-8-22.1, the voter may:
1229	1221		3 (1) sign the poll list; and
1230	1222		4 (2) receive a provisional ballot.
1231	1223		5 (e) A voter who votes in person at a precinct polling place, vote
1232	1224		6 center, or satellite office established under IC 3-11-10-26.3 that is
1233	1225		7 located at a state licensed care facility where the voter resides is not
1234	1226		8 required to provide proof of identification before voting in a primary
1235	1227		9 election.
1236	1228		10 SECTION 20. IC 3-11-4-2, AS AMENDED BY P.L.140-2023,
1237	1229		11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1238	1230		12 JULY 1, 2025]: Sec. 2. (a) A voter who wants to vote by absentee
1239	1231		13 ballot must apply to the county election board for an absentee ballot.
1240	1232		14 Except as provided in subsection (b), the voter must sign the absentee
1241	1233		15 ballot application.
1242	1234		16 (b) If a voter with disabilities is unable to sign the absentee ballot
1243	1235		17 application and the voter has not designated an individual to serve as
1244	1236		18 attorney in fact for the voter, the voter may designate an individual
1245	1237		19 eligible to assist the voter under IC 3-11-9-2(a) to sign the application
1246	1238		20 on behalf of the voter and add the individual's name to the application.
1247	1239		21 If an individual applies for an absentee ballot as the properly
1248	1240		22 authorized attorney in fact for a voter, the attorney in fact must attach
1249	1241		23 a copy of the power of attorney to the application and comply with
1250	1242		24 subsection (d).
1251	1243		25 (c) A person may provide an individual with an application for an
1252	1244		26 absentee ballot with the following information already printed or
1253	1245		27 otherwise set forth on the application when provided to the individual:
1254	1246		28 (1) The name of the individual.
1255	1247		29 (2) The voter registration address of the individual.
1256	1248		30 (3) The mailing address of the individual.
1257	1249		31 (4) The date of birth of the individual.
1258	1250		32 (d) A person may not provide an individual with an application for
1259	1251		33 an absentee ballot with the following information already printed or
1260	1252		34 otherwise set forth on the application when provided to the individual:
1261	1253		35 (1) The address to which the absentee ballot would be mailed, if
1262	1254		36 different from the voter registration address of the individual.
1263	1255		37 (2) In a primary election, the major political party ballot requested
1264	1256		38 by the individual.
1265	1257		39 (3) In a primary or general election, the types of absentee ballots
1266	1258		40 requested by the individual.
1267	1259		41 (4) The reason why the individual is entitled to vote an absentee
1268	1260		42 ballot:
1269		-	ES 80—LS 6051/DI 112 30
	1261	+	SB 80—LS 6051/DI 112 30
1270	1262		1 (A) by mail; or
1271	1263		2 (B) before an absentee voter board (other than an absentee
1272	1264		3 voter board located in the office of the circuit court clerk or a
1273	1265		4 satellite office);
1274	1266		5 in accordance with section 18 of this chapter, IC 3-11-10-24, or
1275	1267		6 IC 3-11-10-25.
1276	1268		7 (5) The voter identification number of the individual.
1277	1269		8 (e) If the county election board determines that an absentee ballot
1278	1270		9 application does not comply with subsection (d), the board shall
1279	1271		10 implement the procedures prescribed by section 17.6 of this chapter.
1280	1272		11 (f) The following statement must be printed in at least 16 point font
1281	1273		12 size, underlined, and clearly legible print on the envelope of an
1282	1274		13 absentee ballot application that a person sends to an individual:
1283	1275		14 "(Name of person sending the absentee ballot application) has
1284	1276		15 sent you the enclosed application. This is unsolicited and is not
1285	1277		16 sent by a state or local election official.".
1286	1278		17 (g) This subsection:
1287	1279		18 (1) applies only to an application to be mailed to an individual;
1288	1280		19 and
1289	1281		20 (2) does not apply to an application provided to an individual
1290	1282		21 online.
1291	1283		22 An agency of the state or a political subdivision may not provide an
1292	1284		23 individual with an absentee ballot application unless requested by the
1293	1285		24 individual or a member of the individual's family listed in
1294	1286		25 IC 3-6-6-7(a)(4).
1295	1287		26 (h) An absentee ballot application must request that the individual
1296	1288		27 include:
1297	1289		28 (1) on the individual's ballot application:
1298	1290		29 (A) either:
1299	1291		30 (i) the individual's ten (10) digit Indiana driver's license
1300	1292		31 number issued under IC 9-24-11;
1301	1293		32 (ii) the individual's ten (10) digit Indiana identification card
1302	1294		33 number for nondrivers issued under IC 9-24-16; or
1303	1295		34 (iii) the unique identifying number assigned to the voter's
1304	1296		35 registration record in the computerized list; and
1305	1297		36 (B) the last four (4) digits of the voter's Social Security
1306	1298		37 number; or
1307	1299		38 (2) with the individual's ballot application, a photocopy of:
1308	1300		39 (A) the individual's:
1309	1301		40 (i) driver's license issued under IC 9-24; or
1310	1302		41 (ii) Indiana identification card for nondrivers issued under
1311	1303		42 IC 9-24-16; or
1312		-	ES 80—LS 6051/DI 112 31
	1304	+	SB 80—LS 6051/DI 112 31
1313	1305		1 (B) other proof of identification for the individual under
1314	1306		2 IC 3-5-2-40.5. IC 3-5-2.1-84.
1315	1307		3 Information and documentation described by this subsection that is
1316	1308		4 included on or with an individual's ballot application is confidential. A
1317	1309		5 county voter registration office is only required to redact the
1318	1310		6 confidential information in responding to a public records request
1319	1311		7 under IC 5-14-3. The application form must state that an applicant may
1320	1312		8 include only one (1) of the numbers under subdivision (1) or one (1) of
1321	1313		9 the documents under subdivision (2), but the application may be
1322	1314		10 delayed if the county election board cannot match at least one (1) of the
1323	1315		11 numbers described in this subsection with the voter's registration
1324	1316		12 record.
1325	1317		13 (i) This subsection applies only to an absentee ballot application
1326	1318		14 submitted in an electronic format using a module of the computerized
1327	1319		15 list under IC 3-7-26.3. In order for an individual to access the absentee
1328	1320		16 ballot application, the individual shall provide one (1) of the following:
1329	1321		17 (1) The individual's ten (10) digit Indiana driver's license number
1330	1322		18 issued under IC 9-24-11.
1331	1323		19 (2) The individual's ten (10) digit Indiana identification card
1332	1324		20 number for nondrivers issued under IC 9-24-16.
1333	1325		21 (3) The unique identifying number assigned to the voter's
1334	1326		22 registration record in the computerized list.
1335	1327		23 (4) The last four (4) digits of the individual's Social Security
1336	1328		24 number.
1337	1329		25 Information described by subdivisions (1) through (4) that is provided
1338	1330		26 by an individual under this subsection is confidential. A county voter
1339	1331		27 registration office is only required to redact the confidential
1340	1332		28 information in responding to a public records request under IC 5-14-3.
1341	1333		29 (j) The county election board shall implement the procedures
1342	1334		30 prescribed by section 17.6 of this chapter if the county election board
1343	1335		31 cannot match at least one (1) of the numbers described in subsection
1344	1336		32 (h) or (i) with the voter's registration record.
1345	1337		33 (k) A person who assists an individual in completing any
1346	1338		34 information described in subsection (d) on an absentee ballot
1347	1339		35 application shall state under the penalties for perjury the following
1348	1340		36 information on the application:
1349	1341		37 (1) The full name, residence and mailing address, and daytime
1350	1342		38 and evening telephone numbers (if any) of the person providing
1351	1343		39 the assistance.
1352	1344		40 (2) The date this assistance was provided.
1353	1345		41 (3) That the person providing the assistance has complied with
1354	1346		42 Indiana laws governing the submission of absentee ballot
1355		-	ES 80—LS 6051/DI 112 32
	1347	+	SB 80—LS 6051/DI 112 32
1356	1348		1 applications.
1357	1349		2 (4) That the person has no knowledge or reason to believe that the
1358	1350		3 individual submitting the application:
1359	1351		4 (A) is ineligible to vote or to cast an absentee ballot; or
1360	1352		5 (B) did not properly complete and sign the application.
1361	1353		6 When providing assistance to an individual, the person must, in the
1362	1354		7 individual's presence and with the individual's consent, provide the
1363	1355		8 information listed in subsection (d) if the individual is unable to do so.
1364	1356		9 (l) This subsection does not apply to an employee of the United
1365	1357		10 States Postal Service or a bonded courier company acting in the
1366	1358		11 individual's capacity as an employee of the United States Postal Service
1367	1359		12 or a bonded courier company. A person who receives a completed
1368	1360		13 absentee ballot application from the individual who has applied for the
1369	1361		14 absentee ballot shall indicate on the application the date the person
1370	1362		15 received the application, and file the application with the appropriate
1371	1363		16 county election board or election division not later than:
1372	1364		17 (1) noon ten (10) days after the person receives the application;
1373	1365		18 or
1374	1366		19 (2) the deadline set by Indiana law for filing the application with
1375	1367		20 the board;
1376	1368		21 whichever occurs first. The election division, a county election board,
1377	1369		22 or a board of elections and registration shall forward an absentee ballot
1378	1370		23 application to the county election board or board of elections and
1379	1371		24 registration of the county where the individual resides.
1380	1372		25 (m) This subsection does not apply to an employee of the United
1381	1373		26 States Postal Service or a bonded courier company acting in the
1382	1374		27 individual's capacity as an employee of the United States Postal Service
1383	1375		28 or a bonded courier company, or to the election division, a county
1384	1376		29 election board, or a board of elections and registration. A person filing
1385	1377		30 an absentee ballot application, other than the person's own absentee
1386	1378		31 ballot application, must include an affidavit with the application. The
1387	1379		32 affidavit must be signed by the individual who received the completed
1388	1380		33 application from the applicant. The affidavit must be in a form
1389	1381		34 prescribed by the election division. The form must include the
1390	1382		35 following:
1391	1383		36 (1) A statement of the full name, residence and mailing address,
1392	1384		37 and daytime and evening telephone numbers (if any) of the person
1393	1385		38 submitting the application.
1394	1386		39 (2) A statement that the person filing the affidavit has complied
1395	1387		40 with Indiana laws governing the submission of absentee ballot
1396	1388		41 applications.
1397	1389		42 (3) The date (or dates) that the absentee ballot applications
1398		-	ES 80—LS 6051/DI 112 33
	1390	+	SB 80—LS 6051/DI 112 33
1399	1391		1 attached to the affidavit were received.
1400	1392		2 (4) A statement that the person has no knowledge or reason to
1401	1393		3 believe that the individual whose application is to be filed:
1402	1394		4 (A) is ineligible to vote or to cast an absentee ballot; or
1403	1395		5 (B) did not properly complete and sign the application.
1404	1396		6 (5) A statement that the person is executing the affidavit under the
1405	1397		7 penalties of perjury.
1406	1398		8 (6) A statement setting forth the penalties for perjury.
1407	1399		9 (n) The county election board shall record the date and time of the
1408	1400		10 filing of the affidavit.
1409	1401		11 SECTION 21. IC 3-11-4-8, AS AMENDED BY P.L.198-2005,
1410	1402		12 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1411	1403		13 JULY 1, 2025]: Sec. 8. (a) This section applies to an overseas voter
1412	1404		14 described in IC 3-5-2-34.5(3). IC 3-5-2.1-75(3).
1413	1405		15 (b) An overseas voter who resides outside the United States and
1414	1406		16 who is no longer a resident of a precinct in Indiana is only entitled to
1415	1407		17 receive absentee ballots for a federal office under this chapter.
1416	1408		18 (c) A voter described in subsection (a) is considered to be a voter of
1417	1409		19 the Indiana precinct where the voter registration office of the county
1418	1410		20 where the person was domiciled before leaving the United States is
1419	1411		21 located.
1420	1412		22 SECTION 22. IC 3-11-8-7, AS AMENDED BY P.L.278-2019,
1421	1413		23 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1422	1414		24 JULY 1, 2025]: Sec. 7. In preparing the polls for an election, the county
1423	1415		25 election board shall:
1424	1416		26 (1) have placed within the room a railing separating the part of the
1425	1417		27 room to be occupied by the precinct election board from that part
1426	1418		28 of the room to be occupied by the ballot card voting systems,
1427	1419		29 electronic voting systems, and the three (3) or more booths or
1428	1420		30 compartments for marking paper ballots, whenever either or two
1429	1421		31 (2) of these voting systems are used;
1430	1422		32 (2) ensure that the portion of the room set apart for the precinct
1431	1423		33 election board includes a designated area before the voter
1432	1424		34 approaches the precinct election board at which each voter
1433	1425		35 appears for challenge; and
1434	1426		36 (3) provide a method or material for designating the boundaries
1435	1427		37 of the chute, such as a railing, rope, or wire on each side,
1436	1428		38 beginning a distance equal to the length of the chute (as defined
1437	1429		39 in IC 3-5-2-10) IC 3-5-2.1-21) away from and leading to the door
1438	1430		40 for entering the room in which the election is held.
1439	1431		41 SECTION 23. IC 3-11-8-10.3, AS AMENDED BY P.L.65-2024,
1440	1432		42 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1441		-	ES 80—LS 6051/DI 112 34
	1433	+	SB 80—LS 6051/DI 112 34
1442	1434		1 JULY 1, 2025]: Sec. 10.3. (a) A reference to an electronic poll list in
1443	1435		2 a vote center plan adopted under IC 3-11-18.1 before July 1, 2014, is
1444	1436		3 considered to be a reference to an electronic poll book (as defined by
1445	1437		4 IC 3-5-2-20.5), IC 3-5-2.1-39), unless otherwise expressly provided in
1446	1438		5 the vote center plan.
1447	1439		6 (b) An electronic poll book must satisfy all of the following:
1448	1440		7 (1) An electronic poll book must be programmed so that the
1449	1441		8 coordinated action of two (2) election officers who are not
1450	1442		9 members of the same political party is necessary to access the
1451	1443		10 electronic poll book.
1452	1444		11 (2) An electronic poll book may not be connected to a voting
1453	1445		12 system. However, the electronic poll book may be used in
1454	1446		13 conjunction with a voting system if both of the following apply:
1455	1447		14 (A) The electronic poll book contains a device that must be
1456	1448		15 physically removed from the electronic poll book by a person
1457	1449		16 and the device is inserted into the voting system, with no
1458	1450		17 hardware or software connection existing between the
1459	1451		18 electronic poll book and the voting system.
1460	1452		19 (B) All data on the device is erased when the device is
1461	1453		20 removed from the voting system and before the device is
1462	1454		21 reinserted into an electronic poll book.
1463	1455		22 (3) An electronic poll book may not permit access to voter
1464	1456		23 information other than:
1465	1457		24 (A) information provided on the certified list of voters
1466	1458		25 prepared under IC 3-7-29-1; or
1467	1459		26 (B) information concerning any of the following received or
1468	1460		27 issued after the electronic poll list has been downloaded by the
1469	1461		28 county election board under IC 3-7-29-6:
1470	1462		29 (i) The county's receipt of an absentee ballot from the voter.
1471	1463		30 (ii) The county's receipt of additional documentation
1472	1464		31 provided by the voter to the county voter registration office.
1473	1465		32 (iii) The county's issuance of a certificate of error.
1474	1466		33 An electronic poll book may not display whether a voter's
1475	1467		34 registration record is in active or inactive status.
1476	1468		35 (4) The information contained on an electronic poll book must be
1477	1469		36 secure and placed on a dedicated, private server to secure
1478	1470		37 connectivity between a precinct polling place or satellite absentee
1479	1471		38 office and the county election board. The electronic poll book
1480	1472		39 must have the capability of:
1481	1473		40 (A) storing (in external or internal memory) the current local
1482	1474		41 version of the electronic poll list; and
1483	1475		42 (B) producing a list of audit records that reflect all of the
1484		-	ES 80—LS 6051/DI 112 35
	1476	+	SB 80—LS 6051/DI 112 35
1485	1477		1 idiosyncrasies of the system, including in-process audit
1486	1478		2 records that set forth all transactions.
1487	1479		3 (5) The electronic poll book must permit a poll clerk to enter
1488	1480		4 information regarding an individual who has appeared to vote to
1489	1481		5 verify whether the individual is eligible to vote, and if so, whether
1490	1482		6 the voter has:
1491	1483		7 (A) already received a ballot at the election;
1492	1484		8 (B) returned an absentee ballot; or
1493	1485		9 (C) submitted any additional documentation required under
1494	1486		10 IC 3-7-33-4.5 or IC 3-7-33-4.7.
1495	1487		11 (6) After the voter has been provided with a ballot, the electronic
1496	1488		12 poll book must permit a poll clerk to enter information indicating
1497	1489		13 that the voter has received a ballot.
1498	1490		14 (7) The electronic poll book must transmit the information in
1499	1491		15 subdivision (6) to the county server so that:
1500	1492		16 (A) the server may transmit the information immediately to
1501	1493		17 every other polling place or satellite absentee office in the
1502	1494		18 county; or
1503	1495		19 (B) the server makes the information immediately available to
1504	1496		20 every other polling place or satellite office in the county.
1505	1497		21 (8) The electronic poll book must permit reports to be:
1506	1498		22 (A) generated by a county election board for a watcher
1507	1499		23 appointed under IC 3-6-8 at any time during election day; and
1508	1500		24 (B) electronically transmitted by the county election board to
1509	1501		25 a political party or independent candidate who is eligible to
1510	1502		26 appoint a watcher under IC 3-6-8.
1511	1503		27 (9) On each day after absentee ballots are cast before an absentee
1512	1504		28 voter board in the circuit court clerk's office, a satellite office, or
1513	1505		29 a vote center, and after election day, the electronic poll book must
1514	1506		30 permit voter history to be quickly and accurately uploaded into
1515	1507		31 the computerized list (as defined in IC 3-7-26.3-2).
1516	1508		32 (10) The electronic poll book must be able to display an electronic
1517	1509		33 image of the signature of a voter taken from:
1518	1510		34 (A) the voter's registration application; or
1519	1511		35 (B) a more recent signature of a voter from an absentee
1520	1512		36 application, poll list, electronic poll book, or registration
1521	1513		37 document.
1522	1514		38 (11) The electronic poll book must be used with a signature pad,
1523	1515		39 tablet, or other signature capturing device that permits the voter
1524	1516		40 to:
1525	1517		41 (A) make an electronic signature for comparison with the
1526	1518		42 signature displayed under subdivision (10); and
1527		-	ES 80—LS 6051/DI 112 36
	1519	+	SB 80—LS 6051/DI 112 36
1528	1520		1 (B) indicate the name of the voter's political party under
1529	1521		2 IC 3-10-1-24.
1530	1522		3 An image of the electronic signature made by the voter on the
1531	1523		4 signature pad, tablet, or other signature capturing device must be
1532	1524		5 retained and identified as the signature of the voter for the period
1533	1525		6 required for retention under IC 3-10-1-31.1.
1534	1526		7 (12) The electronic poll book must include a bar code capturing
1535	1527		8 device that:
1536	1528		9 (A) permits a voter who presents an Indiana driver's license or
1537	1529		10 a state identification card issued under IC 9-24-16 to scan the
1538	1530		11 license or card through the bar code reader or tablet; and
1539	1531		12 (B) has the capability to display the voter's registration record
1540	1532		13 upon processing the information contained within the bar code
1541	1533		14 on the license or card.
1542	1534		15 (13) A printer separate from the electronic poll book used in a
1543	1535		16 vote center county may be programmed to print on the back of a
1544	1536		17 ballot card, immediately before the ballot card is delivered to the
1545	1537		18 voter, the printed initials of the poll clerks captured through the
1546	1538		19 electronic signature pad or tablet at the time the poll clerks log
1547	1539		20 into the electronic poll book system.
1548	1540		21 (14) The electronic poll book must be compatible with:
1549	1541		22 (A) any hardware attached to the electronic poll book, such as
1550	1542		23 signature capturing devices, bar code capturing devices, and
1551	1543		24 network cards;
1552	1544		25 (B) the statewide voter registration system; and
1553	1545		26 (C) any software system used to prepare voter information to
1554	1546		27 be included on the electronic poll book.
1555	1547		28 (15) The electronic poll book must have the ability to be used in
1556	1548		29 conformity with this title for:
1557	1549		30 (A) any type of election conducted in Indiana; or
1558	1550		31 (B) any combination of elections held concurrently with a
1559	1551		32 general election, municipal election, primary election, or
1560	1552		33 special election.
1561	1553		34 (16) The procedures for setting up, using, and shutting down an
1562	1554		35 electronic poll book must be reasonably easy for a precinct
1563	1555		36 election officer to learn, understand, and perform. A vendor shall
1564	1556		37 provide sufficient training to election officials and poll workers
1565	1557		38 to completely familiarize them with the operations essential for
1566	1558		39 carrying out election activities. A vendor shall provide an
1567	1559		40 assessment of learning goals achieved by the training in
1568	1560		41 consultation with VSTOP (as described in IC 3-11-18.1-12).
1569	1561		42 (17) The electronic poll book must enable a precinct election
1570		-	ES 80—LS 6051/DI 112 37
	1562	+	SB 80—LS 6051/DI 112 37
1571	1563		1 officer to verify that the electronic poll book:
1572	1564		2 (A) has been set up correctly;
1573	1565		3 (B) is working correctly so as to verify the eligibility of the
1574	1566		4 voter;
1575	1567		5 (C) is correctly recording that a voter received a ballot; and
1576	1568		6 (D) has been shut down correctly.
1577	1569		7 (18) The electronic poll book must include the following
1578	1570		8 documentation:
1579	1571		9 (A) Plainly worded, complete, and detailed instructions
1580	1572		10 sufficient for a precinct election officer to set up, use, and shut
1581	1573		11 down the electronic poll book.
1582	1574		12 (B) Training materials that:
1583	1575		13 (i) may be in written or video form; and
1584	1576		14 (ii) must be in a format suitable for use at a polling place,
1585	1577		15 such as simple "how to" guides.
1586	1578		16 (C) Failsafe data recovery procedures for information included
1587	1579		17 in the electronic poll book.
1588	1580		18 (D) Usability tests:
1589	1581		19 (i) that are conducted by the manufacturer of the electronic
1590	1582		20 poll book or an independent testing facility using individuals
1591	1583		21 who are representative of the general public;
1592	1584		22 (ii) that include the setting up, using, and shutting down of
1593	1585		23 the electronic poll book; and
1594	1586		24 (iii) that report their results using industry standard reporting
1595	1587		25 formats.
1596	1588		26 (E) A clear model of the electronic poll book system
1597	1589		27 architecture and the following documentation:
1598	1590		28 (i) End user documentation.
1599	1591		29 (ii) System-level and administrator level documentation.
1600	1592		30 (iii) Developer documentation.
1601	1593		31 (F) Detailed information concerning:
1602	1594		32 (i) electronic poll book consumables; and
1603	1595		33 (ii) the vendor's supply chain for those consumables.
1604	1596		34 (G) Vendor internal quality assurance procedures and any
1605	1597		35 internal or external test data and reports available to the
1606	1598		36 vendor concerning the electronic poll book.
1607	1599		37 (H) Repair and maintenance policies for the electronic poll
1608	1600		38 book.
1609	1601		39 (I) As of the date of the vendor's application for approval of
1610	1602		40 the electronic poll book by the secretary of state as required by
1611	1603		41 IC 3-11-18.1-12, the following:
1612	1604		42 (i) A list of customers who are using or have previously used
1613		-	ES 80—LS 6051/DI 112 38
	1605	+	SB 80—LS 6051/DI 112 38
1614	1606		1 the vendor's electronic poll book.
1615	1607		2 (ii) A description of any known anomalies involving the
1616	1608		3 functioning of the electronic poll book, including how those
1617	1609		4 anomalies were resolved.
1618	1610		5 (J) Information concerning batteries used in the electronic poll
1619	1611		6 book, including the following:
1620	1612		7 (i) A list of all batteries to be used in the electronic poll
1621	1613		8 book and any peripherals.
1622	1614		9 (ii) The expected life span of each battery.
1623	1615		10 (iii) A log documenting when each battery was installed or
1624	1616		11 subsequently replaced.
1625	1617		12 (iv) A schedule for the replacement of each battery not later
1626	1618		13 than thirty (30) days before the end of the expected life span
1627	1619		14 of each battery.
1628	1620		15 (v) Plans to test batteries before each election.
1629	1621		16 (vi) Plans for the emergency replacement of batteries that
1630	1622		17 fail on election day or during the thirty (30) days before
1631	1623		18 election day.
1632	1624		19 (19) The electronic poll book and any hardware attached to the
1633	1625		20 electronic poll book must be designed to prevent injury or damage
1634	1626		21 to any individual or the hardware, including fire and electrical
1635	1627		22 hazards.
1636	1628		23 (20) The electronic poll book must demonstrate that it correctly
1637	1629		24 processes all activity regarding each voter registration record,
1638	1630		25 including the use, alteration, storage, receipt, and transmittal of
1639	1631		26 information that is part of the record. Compliance with this
1640	1632		27 subdivision requires the mapping of the data life cycle of the voter
1641	1633		28 registration record as processed by the electronic poll book.
1642	1634		29 (21) The electronic poll book must successfully perform in
1643	1635		30 accordance with all representations concerning functionality,
1644	1636		31 usability, security, accessibility, and sustainability made in the
1645	1637		32 vendor's application for approval of the electronic poll book by
1646	1638		33 the secretary of state as required by IC 3-11-18.1-12.
1647	1639		34 (22) The electronic poll book must have the capacity to transmit
1648	1640		35 all information generated by the voter or poll clerk as part of the
1649	1641		36 process of casting a ballot, including the time and date stamp
1650	1642		37 indicating when the voter signed the electronic poll book, and the
1651	1643		38 electronic signature of the voter, for retention on the dedicated
1652	1644		39 private server approved by the county election board for the
1653	1645		40 period required by Indiana and federal law.
1654	1646		41 (23) The electronic poll book must:
1655	1647		42 (A) permit a voter to check in and sign the electronic poll book
1656		-	ES 80—LS 6051/DI 112 39
	1648	+	SB 80—LS 6051/DI 112 39
1657	1649		1 even when there is a temporary interruption in connectivity to
1658	1650		2 the Internet; and
1659	1651		3 (B) provide for the uploading of each signature so that the
1660	1652		4 signature may be assigned to the voter's registration record.
1661	1653		5 (24) The electronic poll book must have the capacity, for each
1662	1654		6 voter who appears on the electronic poll list, to transmit
1663	1655		7 information that a voter cast a provisional ballot:
1664	1656		8 (A) from the electronic poll book to the dedicated private
1665	1657		9 server; and
1666	1658		10 (B) from the dedicated private server to the voter's record in
1667	1659		11 the statewide voter registration system.
1668	1660		12 This functionality may not be disabled.
1669	1661		13 (c) The county election board is responsible for the care and custody
1670	1662		14 of all electronic poll books while not in use.
1671	1663		15 (d) The county election board is responsible for ensuring that all
1672	1664		16 electronic poll books are dedicated devices to be used only for their
1673	1665		17 intended purpose and for no other activity. Software that is not needed
1674	1666		18 for the essential purpose of running the electronic poll book may not be
1675	1667		19 installed on an electronic poll book.
1676	1668		20 SECTION 24. IC 3-11-8-16, AS AMENDED BY P.L.230-2005,
1677	1669		21 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1678	1670		22 JULY 1, 2025]: Sec. 16. A person may not remain within a distance
1679	1671		23 equal to the length of the chute (as defined in IC 3-5-2-10)
1680	1672		24 IC 3-5-2.1-21) of the entrance to the polls except for the purpose of
1681	1673		25 offering to vote.
1682	1674		26 SECTION 25. IC 3-11-8-23, AS AMENDED BY P.L.65-2024,
1683	1675		27 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1684	1676		28 JULY 1, 2025]: Sec. 23. (a) If a challenged voter has already made an
1685	1677		29 affirmation or executed an affidavit under IC 3-7-48-7.5, IC 3-10-10-9,
1686	1678		30 IC 3-10-11-4.5, or IC 3-10-12-5, the challenged voter is not required to
1687	1679		31 execute an additional affidavit under this section.
1688	1680		32 (b) The affidavit of a challenged voter required by section 22.1 of
1689	1681		33 this chapter must be sworn and affirmed and must contain the
1690	1682		34 following:
1691	1683		35 (1) A statement that the voter is a citizen of the United States.
1692	1684		36 (2) The voter's date of birth to the best of the voter's information
1693	1685		37 and belief.
1694	1686		38 (3) A statement that the voter has been a resident of the precinct
1695	1687		39 for thirty (30) days immediately before this election or is qualified
1696	1688		40 to vote in the precinct under IC 3-10-10, IC 3-10-11, or
1697	1689		41 IC 3-10-12.
1698	1690		42 (4) The voter's name and a statement that the voter is generally
1699		-	ES 80—LS 6051/DI 112 40
	1691	+	SB 80—LS 6051/DI 112 40
1700	1692		1 known by that name.
1701	1693		2 (5) A statement that the voter has not voted and will not vote in
1702	1694		3 any other precinct in this election.
1703	1695		4 (6) The voter's current residential address, including the street or
1704	1696		5 number, and if applicable, the voter's residential address thirty
1705	1697		6 (30) days before the election, and the date the voter moved.
1706	1698		7 (7) If applicable, that, when the voter was challenged to present
1707	1699		8 proof of identification or an additional document to confirm the
1708	1700		9 voter's identity and current residence, the voter presented proof of
1709	1701		10 identification or the additional documentation that complied with
1710	1702		11 IC 3-5-2-40.5, IC 3-5-2.1-84, IC 3-7-33-4.5, or IC 3-7-33-4.7.
1711	1703		12 (8) A statement that the voter understands that making a false
1712	1704		13 statement on the affidavit is punishable under the penalties of
1713	1705		14 perjury.
1714	1706		15 (9) If the individual's name does not appear on the registration
1715	1707		16 list, a statement that the individual registered to vote and where
1716	1708		17 the individual believes the individual registered to vote during the
1717	1709		18 registration period described by IC 3-7-13-10.
1718	1710		19 SECTION 26. IC 3-11-8-25.1, AS AMENDED BY P.L.157-2019,
1719	1711		20 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1720	1712		21 JULY 1, 2025]: Sec. 25.1. (a) Except as provided in subsection (e), a
1721	1713		22 voter who desires to vote an official ballot at an election shall provide
1722	1714		23 proof of identification.
1723	1715		24 (b) Except as provided in subsection (e), before the voter proceeds
1724	1716		25 to vote in the election, a precinct election officer shall ask the voter to
1725	1717		26 provide proof of identification. One (1) of each of the precinct election
1726	1718		27 officers nominated by each county chairman of a major political party
1727	1719		28 of the county under IC 3-6-6-8 or IC 3-6-6-9 is entitled to ask the voter
1728	1720		29 to provide proof of identification. The voter shall produce the proof of
1729	1721		30 identification to each precinct officer requesting the proof of
1730	1722		31 identification before being permitted to sign the poll list.
1731	1723		32 (c) If:
1732	1724		33 (1) the voter is unable or declines to present the proof of
1733	1725		34 identification; or
1734	1726		35 (2) a member of the precinct election board determines that the
1735	1727		36 proof of identification provided by the voter does not qualify as
1736	1728		37 proof of identification under IC 3-5-2-40.5; IC 3-5-2.1-84;
1737	1729		38 a member of the precinct election board shall challenge the voter as
1738	1730		39 prescribed by this chapter.
1739	1731		40 (d) If the voter executes a challenged voter's affidavit under section
1740	1732		41 22.1 of this chapter, the voter shall:
1741	1733		42 (1) sign the poll list; and
1742		-	ES 80—LS 6051/DI 112 41
	1734	+	SB 80—LS 6051/DI 112 41
1743	1735		1 (2) receive a provisional ballot.
1744	1736		2 (e) A voter who votes in person at a precinct polling place, vote
1745	1737		3 center, or satellite office established under IC 3-11-10-26.3 that is
1746	1738		4 located at a state licensed care facility where the voter resides is not
1747	1739		5 required to provide proof of identification before voting in an election.
1748	1740		6 (f) After a voter has passed the challengers or has been sworn in, the
1749	1741		7 voter shall be instructed by a member of the precinct election board to
1750	1742		8 proceed to the location where the poll clerks are stationed. In a vote
1751	1743		9 center county using an electronic poll list, two (2) election officers who
1752	1744		10 are not members of the same political party must be present when a
1753	1745		11 voter signs in on the electronic poll list. The voter shall announce the
1754	1746		12 voter's name to the poll clerks or assistant poll clerks. A poll clerk, an
1755	1747		13 assistant poll clerk, or a member of the precinct election board shall
1756	1748		14 require the voter to write the following on the poll list or to provide the
1757	1749		15 following information for entry into the electronic poll list:
1758	1750		16 (1) The voter's name.
1759	1751		17 (2) Except as provided in subsection (k), the voter's current
1760	1752		18 residence address.
1761	1753		19 (g) The poll clerk, an assistant poll clerk, or a member of the
1762	1754		20 precinct election board shall:
1763	1755		21 (1) ask the voter to provide or update the voter's voter
1764	1756		22 identification number;
1765	1757		23 (2) tell the voter the number the voter may use as a voter
1766	1758		24 identification number; and
1767	1759		25 (3) explain to the voter that the voter is not required to provide or
1768	1760		26 update a voter identification number at the polls.
1769	1761		27 (h) The poll clerk, an assistant poll clerk, or a member of the
1770	1762		28 precinct election board shall ask the voter to provide proof of
1771	1763		29 identification.
1772	1764		30 (i) In case of doubt concerning a voter's identity, the precinct
1773	1765		31 election board shall compare the voter's signature with the signature on
1774	1766		32 the voter's registration record provided by the county voter registration
1775	1767		33 office under IC 3-7-29. If the board determines that the voter's
1776	1768		34 signature is authentic, the voter may then vote. If either poll clerk
1777	1769		35 doubts the voter's identity following comparison of the signatures, the
1778	1770		36 poll clerk shall challenge the voter in the manner prescribed by section
1779	1771		37 21 of this chapter.
1780	1772		38 (j) If:
1781	1773		39 (1) the poll clerk does not execute a challenger's affidavit; or
1782	1774		40 (2) the voter executes a challenged voter's affidavit under section
1783	1775		41 22.1 of this chapter or executed the affidavit before signing the
1784	1776		42 poll list;
1785		-	ES 80—LS 6051/DI 112 42
	1777	+	SB 80—LS 6051/DI 112 42
1786	1778		1 the voter may then vote.
1787	1779		2 (k) The electronic poll book (or each line on a poll list sheet
1788	1780		3 provided to take a voter's current address) must include a box under the
1789	1781		4 heading "Address Unchanged". A voter whose address is unchanged
1790	1782		5 shall check the box instead of writing the voter's current address on the
1791	1783		6 poll list, or if an electronic poll book is used, the poll clerk shall check
1792	1784		7 the box after stating to the voter the address shown on the electronic
1793	1785		8 poll book and receiving an oral affirmation from the voter that the
1794	1786		9 voter's residence address shown on the poll list is the voter's current
1795	1787		10 residence address instead of writing the voter's current residence
1796	1788		11 address on the poll list or reentering the address in the electronic poll
1797	1789		12 book.
1798	1790		13 (l) If the voter indicates that the voter's current residence is located
1799	1791		14 within another county in Indiana, the voter is considered to have
1800	1792		15 directed the county voter registration office of the county where the
1801	1793		16 precinct is located to cancel the voter registration record within the
1802	1794		17 county. The precinct election board shall provide the voter with a voter
1803	1795		18 registration application for the voter to complete and file with the
1804	1796		19 county voter registration office of the county where the voter's current
1805	1797		20 residence address is located.
1806	1798		21 (m) If the voter indicates that the voter's current residence is located
1807	1799		22 outside Indiana, the voter is considered to have directed the county
1808	1800		23 voter registration office of the county where the precinct is located to
1809	1801		24 cancel the voter registration record within the county.
1810	1802		25 SECTION 27. IC 3-11-10-26, AS AMENDED BY P.L.115-2022,
1811	1803		26 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1812	1804		27 JULY 1, 2025]: Sec. 26. (a) This subsection applies to all counties,
1813	1805		28 except for a county to which IC 3-6-5.2 or IC 3-6-5.6 applies. As an
1814	1806		29 alternative to voting by mail, a voter is entitled to cast an absentee
1815	1807		30 ballot before an absentee voter board at any of the following:
1816	1808		31 (1) One (1) location of the office of the circuit court clerk
1817	1809		32 designated by the circuit court clerk.
1818	1810		33 (2) A satellite office established under section 26.3 of this
1819	1811		34 chapter.
1820	1812		35 (b) This subsection applies to a county to which IC 3-6-5.2 or
1821	1813		36 IC 3-6-5.6 applies. As an alternative to voting by mail, a voter is
1822	1814		37 entitled to cast an absentee ballot before an absentee voter board at any
1823	1815		38 of the following:
1824	1816		39 (1) The office of the board of elections and registration.
1825	1817		40 (2) A satellite office established under section 26.3 of this
1826	1818		41 chapter.
1827	1819		42 (c) Except for a location designated under subsection (a)(1), a
1828		-	ES 80—LS 6051/DI 112 43
	1820	+	SB 80—LS 6051/DI 112 43
1829	1821		1 location of the office of the circuit court clerk must be established as
1830	1822		2 a satellite office under section 26.3 of this chapter in order to be used
1831	1823		3 as a location at which a voter is entitled to cast an absentee ballot
1832	1824		4 before an absentee voter board under this section.
1833	1825		5 (d) The voter must do the following before being permitted to vote:
1834	1826		6 (1) This subdivision does not apply to a county that uses
1835	1827		7 electronic poll books for voting under this section. Sign an
1836	1828		8 application on the form prescribed by the election division under
1837	1829		9 IC 3-11-4-5.1. The application must be received by the circuit
1838	1830		10 court clerk not later than the time prescribed by IC 3-11-4-3.
1839	1831		11 (2) This subdivision applies only to a county that uses electronic
1840	1832		12 poll books for voting under this section and in which the ballot is
1841	1833		13 cast on an electronic voting system. The voter must do the
1842	1834		14 following:
1843	1835		15 (A) If the county election board has prescribed an affidavit
1844	1836		16 under subsection (e) that includes a unique identifier to
1845	1837		17 comply with section 26.2(c)(3) of this chapter, make and
1846	1838		18 subscribe to the affidavit.
1847	1839		19 (B) Sign the electronic poll book.
1848	1840		20 (C) Provide proof of identification.
1849	1841		21 (3) This subdivision applies only to a county that uses electronic
1850	1842		22 poll books for voting under this section and in which the ballot is
1851	1843		23 cast on an optical scan voting system. The voter must do the
1852	1844		24 following:
1853	1845		25 (A) Sign the electronic poll book.
1854	1846		26 (B) Provide proof of identification.
1855	1847		27 (C) Sign the affidavit prescribed by section 29 of this chapter.
1856	1848		28 (e) The county election board may:
1857	1849		29 (1) prescribe an affidavit that includes a unique identifier; or
1858	1850		30 (2) establish a procedure to produce a document, label, or
1859	1851		31 electronic record that is associated with each voter and includes
1860	1852		32 a unique identifier;
1861	1853		33 to comply with section 26.2(c)(3) of this chapter. After the county
1862	1854		34 election board approves an affidavit or procedure described in this
1863	1855		35 subsection and before the affidavit or procedure is used in an election,
1864	1856		36 the county election board shall file a copy of the affidavit or a brief
1865	1857		37 description of the procedure with the election division to assist the state
1866	1858		38 recount commission in conducting proceedings under IC 3-12-11.
1867	1859		39 (f) The voter may vote before the board not more than twenty-eight
1868	1860		40 (28) days nor later than noon on the day before election day. If the
1869	1861		41 close of a voter registration period is transferred under IC 3-5-4-1.5
1870	1862		42 from twenty-nine (29) days to a later date due to the Columbus Day
1871		-	ES 80—LS 6051/DI 112 44
	1863	+	SB 80—LS 6051/DI 112 44
1872	1864		1 holiday, the voter may vote before the board on the first day following
1873	1865		2 the day on which the voter registration period closes.
1874	1866		3 (g) An absent uniformed services voter who is eligible to vote by
1875	1867		4 absentee ballot in the circuit court clerk's office under IC 3-7-36-14
1876	1868		5 may vote before the board not earlier than twenty-eight (28) days
1877	1869		6 before the election and not later than noon on election day. If the close
1878	1870		7 of a voter registration period is transferred under IC 3-5-4-1.5 from
1879	1871		8 twenty-nine (29) days to a later date due to the Columbus Day holiday,
1880	1872		9 the voter may vote before the board on the first day following the day
1881	1873		10 on which the voter registration period closes. If a voter described by
1882	1874		11 this subsection wishes to cast an absentee ballot during the period
1883	1875		12 beginning at noon on the day before election day and ending at noon on
1884	1876		13 election day, the county election board or absentee voter board may
1885	1877		14 receive and process the ballot at a location designated by resolution of
1886	1878		15 the county election board.
1887	1879		16 (h) The absentee voter board in the office of the circuit court clerk
1888	1880		17 must permit voters to cast absentee ballots under this section for at
1889	1881		18 least seven (7) hours on each of the two (2) Saturdays preceding
1890	1882		19 election day. However, the county election board may adopt a
1891	1883		20 resolution authorizing the circuit court clerk to:
1892	1884		21 (1) use the office of the circuit court clerk designated in
1893	1885		22 subsection (a)(1); or
1894	1886		23 (2) establish a satellite office under section 26.3 of this chapter;
1895	1887		24 to permit voters to cast absentee ballots under this section for at least
1896	1888		25 four (4) hours on the third Saturday preceding election day.
1897	1889		26 (i) Notwithstanding subsection (h), in a county with a population of
1898	1890		27 less than twenty thousand (20,000), the absentee voter board in the
1899	1891		28 office of the circuit court clerk, with the approval of the county election
1900	1892		29 board, may reduce the number of hours available to cast absentee
1901	1893		30 ballots under this section to a minimum of four (4) hours on each of the
1902	1894		31 two (2) Saturdays preceding election day.
1903	1895		32 (j) As provided by 52 U.S.C. 21081, a voter casting an absentee
1904	1896		33 ballot under this section must be:
1905	1897		34 (1) permitted to verify in a private and independent manner the
1906	1898		35 votes selected by the voter before the ballot is cast and counted;
1907	1899		36 (2) provided with the opportunity to change the ballot or correct
1908	1900		37 any error in a private and independent manner before the ballot is
1909	1901		38 cast and counted, including the opportunity to receive a
1910	1902		39 replacement ballot if the voter is otherwise unable to change or
1911	1903		40 correct the ballot; and
1912	1904		41 (3) notified before the ballot is cast regarding the effect of casting
1913	1905		42 multiple votes for the office and provided an opportunity to
1914		-	ES 80—LS 6051/DI 112 45
	1906	+	SB 80—LS 6051/DI 112 45
1915	1907		1 correct the ballot before the ballot is cast and counted.
1916	1908		2 (k) As provided by 52 U.S.C. 21081, when an absentee ballot is
1917	1909		3 provided under this section, the board must also provide the voter with:
1918	1910		4 (1) information concerning the effect of casting multiple votes for
1919	1911		5 an office; and
1920	1912		6 (2) instructions on how to correct the ballot before the ballot is
1921	1913		7 cast and counted, including the issuance of replacement ballots.
1922	1914		8 (l) If:
1923	1915		9 (1) the voter is unable or declines to present the proof of
1924	1916		10 identification; or
1925	1917		11 (2) a member of the board determines that the proof of
1926	1918		12 identification provided by the voter does not qualify as proof of
1927	1919		13 identification under IC 3-5-2-40.5; IC 3-5-2.1-84;
1928	1920		14 the voter shall be permitted to cast a provisional ballot.
1929	1921		15 (m) This subsection applies to a voter who casts an absentee ballot
1930	1922		16 that is treated as a provisional ballot under subsection (l). The board
1931	1923		17 shall provide the voter, both orally and in writing, an explanation of
1932	1924		18 what actions, if any, the voter must take in order to have the voter's
1933	1925		19 ballot counted. The election division shall prescribe the form of the
1934	1926		20 explanation required by this subsection.
1935	1927		21 (n) A voter casting an absentee ballot under this section is entitled
1936	1928		22 to cast the voter's ballot in accordance with IC 3-11-9.
1937	1929		23 (o) In a primary election, a voter casting an absentee ballot under
1938	1930		24 this chapter may not change the voter's choice of the voter's political
1939	1931		25 party after the voter has been mailed or otherwise provided with a
1940	1932		26 primary ballot containing the candidates of that party.
1941	1933		27 SECTION 28. IC 3-12-11-25, AS AMENDED BY P.L.233-2015,
1942	1934		28 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1943	1935		29 JULY 1, 2025]: Sec. 25. (a) Except as provided in subsection (b),
1944	1936		30 whenever the commission makes a final determination under section
1945	1937		31 18 of this chapter that the candidate who is subject to a contest
1946	1938		32 proceeding is not eligible to serve in the office to which the candidate
1947	1939		33 is nominated or elected, the candidate who received the second highest
1948	1940		34 number of votes for the office is entitled to a certificate of nomination
1949	1941		35 or certificate of election even though a certificate may have been issued
1950	1942		36 to another candidate upon the tabulation of the votes.
1951	1943		37 (b) This subsection applies to a contest proceeding for a state office
1952	1944		38 other than the offices of governor, lieutenant governor, justice of the
1953	1945		39 supreme court, judge of the court of appeals, and judge of the tax court.
1954	1946		40 Whenever the commission makes a final determination under section
1955	1947		41 18(b) of this chapter that the candidate who is subject to a contest
1956	1948		42 proceeding is not eligible to serve in the office to which the candidate
1957		-	ES 80—LS 6051/DI 112 46
	1949	+	SB 80—LS 6051/DI 112 46
1958	1950		1 is elected the following apply:
1959	1951		2 (1) This subdivision does not apply to the filling of a state office
1960	1952		3 following a contest proceeding or court action that resulted from
1961	1953		4 an election held before January 1, 2011. The office is considered
1962	1954		5 vacant, and the governor shall fill the vacancy as provided in
1963	1955		6 IC 3-13-4-3(e) by the appointment of a person of the same
1964	1956		7 political party as the candidate who is not eligible to serve.
1965	1957		8 (2) The commission's determination that the candidate is not
1966	1958		9 eligible to serve in the office does not affect the votes cast for the
1967	1959		10 candidate for purposes of determining the number or percentage
1968	1960		11 of votes cast for purposes of other statutes, including IC 3-5-2-30,
1969	1961		12 IC 3-5-2.1-62, IC 3-6-2-1, IC 3-6-4.1-6, IC 3-6-5.2-7, IC 3-6-6-8,
1970	1962		13 IC 3-6-7-1, IC 3-6-8-1, IC 3-8-4, IC 3-8-6, IC 3-10-1-2,
1971	1963		14 IC 3-10-2-15, IC 3-10-4-2, IC 3-10-6, IC 3-10-7-26, IC 3-11-2-6,
1972	1964		15 IC 3-11-13-11, IC 3-11-14-3.5, IC 3-13-9-4.5, IC 6-9-2-3, and
1973	1965		16 IC 36-4-1.5-2.
1974	1966		17 SECTION 29. IC 4-6-3-4, AS AMENDED BY P.L.80-2019,
1975	1967		18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1976	1968		19 JULY 1, 2025]: Sec. 4. An investigative demand shall contain the
1977	1969		20 following:
1978	1970		21 (1) A general description of the subject matter being investigated
1979	1971		22 and a statement of the applicable provisions of law.
1980	1972		23 (2) The date, time, and place at which the person is to appear,
1981	1973		24 answer written interrogatories, or produce documentary material
1982	1974		25 or other tangible items. The date shall not be less than ten (10)
1983	1975		26 days from the date of service of the demand. However, the
1984	1976		27 attorney general may demand and obtain immediate access to
1985	1977		28 records and materials if access is necessary for purposes of
1986	1978		29 investigating alleged violations relating to sales or solicited sales
1987	1979		30 of a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic
1988	1980		31 drug lookalike substance (as defined in IC 35-31.5-2-321.5
1989	1981		32 (before its repeal on July 1, 2019)), a controlled substance analog
1990	1982		33 (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8), or a substance
1991	1983		34 represented to be a controlled substance (as described in
1992	1984		35 IC 35-48-4-4.6).
1993	1985		36 (3) Where the production of documents or other tangible items is
1994	1986		37 required, a description of those documents or items by class with
1995	1987		38 sufficient clarity so that they might be reasonably identified.
1996	1988		39 SECTION 30. IC 4-6-15-1, AS ADDED BY P.L.165-2021,
1997	1989		40 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1998	1990		41 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
1999	1991		42 chapter:
2000		-	ES 80—LS 6051/DI 112 47
	1992	+	SB 80—LS 6051/DI 112 47
2001	1993		1 (1) "Opioid" has the meaning set forth in IC 35-48-1-21.
2002	1994		2 IC 35-48-1.1-31.
2003	1995		3 (2) "Opioid litigation" means any civil lawsuit, demand, or
2004	1996		4 settlement, including any settlement in lieu of litigation, filed
2005	1997		5 against any opioid party for any cause of action filed for the
2006	1998		6 purpose of redressing the impact of the opioid epidemic to the
2007	1999		7 state or any political subdivision.
2008	2000		8 (3) "Opioid party" means any manufacturer, consultant, marketer,
2009	2001		9 distributor, prescriber, or dispenser of an opioid product.
2010	2002		10 (4) "Political subdivision" has the meaning set forth in
2011	2003		11 IC 34-6-2-110. IC 34-6-2.1-155.
2012	2004		12 SECTION 31. IC 4-15-17-1, AS ADDED BY P.L.229-2011,
2013	2005		13 SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2014	2006		14 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b), this
2015	2007		15 chapter does not apply to the following:
2016	2008		16 (1) The state police department.
2017	2009		17 (2) A state educational institution (as defined in IC 21-7-13-32).
2018	2010		18 (3) A political subdivision (as defined in IC 3-5-2-38).
2019	2011		19 IC 3-5-2.1-79).
2020	2012		20 (b) Sections 8, 9, and 10 of this chapter apply to the state police
2021	2013		21 department.
2022	2014		22 SECTION 32. IC 4-15-17-3, AS AMENDED BY P.L.121-2016,
2023	2015		23 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2024	2016		24 JULY 1, 2025]: Sec. 3. (a) As used in this chapter, "state" means any
2025	2017		25 of the following:
2026	2018		26 (1) A department, commission, division, authority, board, bureau,
2027	2019		27 or office of state government that exercises any executive powers.
2028	2020		28 (2) Any statewide elected official.
2029	2021		29 (3) A body corporate and politic of the state created by state
2030	2022		30 statute.
2031	2023		31 (b) The term does not include any of the following:
2032	2024		32 (1) The state police department.
2033	2025		33 (2) A state educational institution (as defined in IC 21-7-13-32).
2034	2026		34 (3) A political subdivision (as defined in IC 3-5-2-38).
2035	2027		35 IC 3-5-2.1-79).
2036	2028		36 (4) The ports of Indiana (established by IC 8-10-1-3).
2037	2029		37 (5) The northern Indiana commuter transportation district
2038	2030		38 (established under IC 8-5-15).
2039	2031		39 SECTION 33. IC 4-20.5-21-4, AS ADDED BY P.L.39-2022,
2040	2032		40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2041	2033		41 JULY 1, 2025]: Sec. 4. (a) Subject to subsection (c), a document of
2042	2034		42 educational and historical significance with acknowledged religious
2043		-	ES 80—LS 6051/DI 112 48
	2035	+	SB 80—LS 6051/DI 112 48
2044	2036		1 history may be displayed on property owned by the state, including the
2045	2037		2 following:
2046	2038		3 (1) The Mayflower Compact, written and adopted in 1620.
2047	2039		4 (2) The Declaration of Independence, adopted by the Continental
2048	2040		5 Congress on July 4, 1776.
2049	2041		6 (3) Articles I through VI of the Northwest Ordinance, enacted by
2050	2042		7 the Confederation Congress on July 13, 1787.
2051	2043		8 (4) Washington's Farewell Address, published September 19,
2052	2044		9 1796.
2053	2045		10 (b) A display of a document under subsection (a) may be
2054	2046		11 accompanied by a document entitled "Educational Documents for
2055	2047		12 Acknowledging America's Religious History" that reads as follows:
2056	2048		13 "Many historical documents pivotal to American law,
2057	2049		14 constitutionalism, and political theory have deep roots in religion.
2058	2050		15 Examples include the Mayflower Compact, the Declaration of
2059	2051		16 Independence, the Northwest Ordinance, and Washington's
2060	2052		17 Farewell Address, which collectively express the American ideals
2061	2053		18 of liberty, equality, personal responsibility, and the rule of law.
2062	2054		19 The purpose of this display is to help the general public
2063	2055		20 understand the role that religion has played in the legal history of
2064	2056		21 the United States and Indiana.".
2065	2057		22 (c) A document may be displayed under subsection (a) only if the
2066	2058		23 document is:
2067	2059		24 (1) donated;
2068	2060		25 (2) purchased with funds made available through voluntary
2069	2061		26 contributions to the department; or
2070	2062		27 (3) reprinted from a document donated or purchased as described
2071	2063		28 in subdivisions (1) and (2).
2072	2064		29 (d) Subject to the availability of documents, funds, and reprinted
2073	2065		30 documents as provided under subsection (c), the department shall,
2074	2066		31 upon the request of a:
2075	2067		32 (1) state office (as defined in IC 3-5-2-48); IC 3-5-2.1-97);
2076	2068		33 (2) clerk of court;
2077	2069		34 (3) judge; or
2078	2070		35 (4) legislative body (as defined in IC 36-1-2-9);
2079	2071		36 prepare and distribute to the state office, clerk of court, judge, or
2080	2072		37 legislative body a copy of a document listed in subsection (a)(1)
2081	2073		38 through (a)(4) for framing and display.
2082	2074		39 (e) The documents displayed under this section may be displayed in
2083	2075		40 a public location with other historical documents.
2084	2076		41 SECTION 34. IC 4-29.5-10-5, AS ADDED BY P.L.171-2021,
2085	2077		42 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2086		-	ES 80—LS 6051/DI 112 49
	2078	+	SB 80—LS 6051/DI 112 49
2087	2079		1 JULY 1, 2025]: Sec. 5. Political donations. Any Band elected official,
2088	2080		2 any entity controlled or owned by the Band that operates a Gaming
2089	2081		3 Facility, or any officer of such entity may not make a contribution (as
2090	2082		4 defined in IC 3-5-2-15) IC 3-5-2.1-27) to a candidate or a committee
2091	2083		5 during the following periods: (1) the duration of this Compact; and (2)
2092	2084		6 the three (3) years following the final expiration or termination of this
2093	2085		7 Compact. The following definitions apply for purposes of this
2094	2086		8 subsection. A "candidate" means a candidate for a state office, a
2095	2087		9 candidate for a legislative office, or a candidate for a local office. A
2096	2088		10 "committee" means a candidate's committee, a regular party committee,
2097	2089		11 a committee organized by a legislative caucus of the house of the
2098	2090		12 general assembly, or a committee organized by a legislative caucus of
2099	2091		13 the senate of the general assembly.
2100	2092		14 SECTION 35. IC 4-30-3-19, AS AMENDED BY P.L.158-2013,
2101	2093		15 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2102	2094		16 JULY 1, 2025]: Sec. 19. (a) The definitions set forth in IC 3-5-2
2103	2095		17 IC 3-5-2.1 apply to this section.
2104	2096		18 (b) This subsection applies to contributions made after March 15,
2105	2097		19 1989, and before March 29, 1996. The commission or director may not
2106	2098		20 enter into a contract with a person to serve as a vendor for a major
2107	2099		21 procurement or to provide auditing services to the commission if the
2108	2100		22 person has made a contribution to a candidate for a state office within
2109	2101		23 the three (3) years preceding the award of the contract. A person that
2110	2102		24 enters into a contract with the commission as a vendor for a major
2111	2103		25 procurement or to provide auditing services may not make a
2112	2104		26 contribution to such a candidate during the three (3) years following
2113	2105		27 the last award or renewal of the contract. A person is considered to
2114	2106		28 have made a contribution if a contribution is made by:
2115	2107		29 (1) the person;
2116	2108		30 (2) an officer of the person; or
2117	2109		31 (3) a political action committee (as defined in IC 3-5-2-37)
2118	2110		32 IC 3-5-2.1-78) of the person.
2119	2111		33 (c) A person who knowingly or intentionally violates this section
2120	2112		34 commits a Level 6 felony.
2121	2113		35 SECTION 36. IC 4-30-3-19.5, AS AMENDED BY P.L.158-2013,
2122	2114		36 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2123	2115		37 JULY 1, 2025]: Sec. 19.5. (a) This section applies only to contributions
2124	2116		38 made after March 28, 1996.
2125	2117		39 (b) The definitions set forth in IC 3-5-2 IC 3-5-2.1 apply to this
2126	2118		40 section.
2127	2119		41 (c) As used in this section, "candidate" refers only to a candidate for
2128	2120		42 a state office.
2129		-	ES 80—LS 6051/DI 112 50
	2121	+	SB 80—LS 6051/DI 112 50
2130	2122		1 (d) As used in this section, "committee" refers to any of the
2131	2123		2 following:
2132	2124		3 (1) A candidate's committee.
2133	2125		4 (2) A regular party committee.
2134	2126		5 (3) A committee organized by a legislative caucus of the house of
2135	2127		6 the general assembly.
2136	2128		7 (4) A committee organized by a legislative caucus of the senate
2137	2129		8 of the general assembly.
2138	2130		9 (e) As used in this section, "contract" refers only to a contract with
2139	2131		10 the commission or the director for any of the following:
2140	2132		11 (1) A major procurement.
2141	2133		12 (2) Auditing services to the commission.
2142	2134		13 (f) As used in this section, "contractor" means a person who has a
2143	2135		14 contract with the commission or the director.
2144	2136		15 (g) As used in this section, "officer" refers only to either of the
2145	2137		16 following:
2146	2138		17 (1) An individual listed as an officer of a corporation in the
2147	2139		18 corporation's most recent annual report.
2148	2140		19 (2) An individual who is a successor to an individual described in
2149	2141		20 subdivision (1).
2150	2142		21 (h) A person is considered to have made a contribution under this
2151	2143		22 section if a contribution is made by any of the following:
2152	2144		23 (1) The person.
2153	2145		24 (2) An officer of the person.
2154	2146		25 (3) A political action committee of the person.
2155	2147		26 (i) A person may not enter into a contract if the person has made a
2156	2148		27 contribution to a candidate or a committee within the three (3) years
2157	2149		28 preceding the award of the contract.
2158	2150		29 (j) A contractor, an officer of a contractor, or a political action
2159	2151		30 committee of a contractor may not make a contribution to a candidate
2160	2152		31 or a committee while the contract is in effect and during the three (3)
2161	2153		32 years following the final expiration or termination of the contract.
2162	2154		33 (k) A person who knowingly or intentionally violates this section
2163	2155		34 commits a Level 6 felony.
2164	2156		35 SECTION 37. IC 4-30-3-19.7, AS AMENDED BY P.L.158-2013,
2165	2157		36 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2166	2158		37 JULY 1, 2025]: Sec. 19.7. (a) This section applies only to contributions
2167	2159		38 made after March 28, 1996.
2168	2160		39 (b) The definitions set forth in IC 3-5-2 IC 3-5-2.1 apply to this
2169	2161		40 section.
2170	2162		41 (c) As used in this section, "candidate" refers only to the following:
2171	2163		42 (1) A candidate for a legislative office.
2172		-	ES 80—LS 6051/DI 112 51
	2164	+	SB 80—LS 6051/DI 112 51
2173	2165		1 (2) A candidate for a local office.
2174	2166		2 (d) As used in this section, "committee" refers to any of the
2175	2167		3 following:
2176	2168		4 (1) A candidate's committee.
2177	2169		5 (2) A regular party committee.
2178	2170		6 (3) A committee organized by a legislative caucus of the house of
2179	2171		7 the general assembly.
2180	2172		8 (4) A committee organized by a legislative caucus of the senate
2181	2173		9 of the general assembly.
2182	2174		10 (e) As used in this section, "contract" refers only to a contract with
2183	2175		11 the commission or the director for any of the following:
2184	2176		12 (1) The printing of tickets to be used in a lottery game.
2185	2177		13 (2) Consultation services for operation of the lottery.
2186	2178		14 (3) Any goods and services involving any of the following:
2187	2179		15 (A) Equipment for the official recording for lottery game play
2188	2180		16 purposes of a player's selection in lottery games involving
2189	2181		17 player selections.
2190	2182		18 (B) The drawing, determination, or generation of winners in
2191	2183		19 lottery games.
2192	2184		20 (C) The security services required under this article.
2193	2185		21 (f) As used in this section, "contractor" refers to a person who has
2194	2186		22 a contract with the commission or the director.
2195	2187		23 (g) As used in this section, "officer" refers only to either of the
2196	2188		24 following:
2197	2189		25 (1) An individual listed as an officer of a corporation in the
2198	2190		26 corporation's most recent annual report.
2199	2191		27 (2) An individual who is a successor to an individual described in
2200	2192		28 subdivision (1).
2201	2193		29 (h) A person is considered to have made a contribution under this
2202	2194		30 section if a contribution is made by any of the following:
2203	2195		31 (1) The person.
2204	2196		32 (2) An officer of the person.
2205	2197		33 (3) A political action committee of the person.
2206	2198		34 (i) A person may not enter into a contract if the person has made a
2207	2199		35 contribution to a candidate or a committee within the three (3) years
2208	2200		36 preceding the award of the contract.
2209	2201		37 (j) A contractor, an officer of a contractor, or a political action
2210	2202		38 committee of a contractor may not make a contribution to a candidate
2211	2203		39 or a committee while the contract is in effect and during the three (3)
2212	2204		40 years following the final expiration or termination of the contract.
2213	2205		41 (k) A person who knowingly or intentionally violates this section
2214	2206		42 commits a Level 6 felony.
2215		-	ES 80—LS 6051/DI 112 52
	2207	+	SB 80—LS 6051/DI 112 52
2216	2208		1 SECTION 38. IC 4-31-13-3.5, AS AMENDED BY P.L.158-2013,
2217	2209		2 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2218	2210		3 JULY 1, 2025]: Sec. 3.5. (a) The definitions in IC 3-5-2 IC 3-5-2.1
2219	2211		4 apply to this section to the extent they do not conflict with the
2220	2212		5 definitions in this article.
2221	2213		6 (b) This section applies only to contributions made after June 30,
2222	2214		7 1996.
2223	2215		8 (c) As used in this section, "candidate" refers to any of the
2224	2216		9 following:
2225	2217		10 (1) A candidate for a state office.
2226	2218		11 (2) A candidate for a legislative office.
2227	2219		12 (3) A candidate for a local office.
2228	2220		13 (d) As used in this section, "committee" refers to any of the
2229	2221		14 following:
2230	2222		15 (1) A candidate's committee.
2231	2223		16 (2) A regular party committee.
2232	2224		17 (3) A committee organized by a legislative caucus of the house of
2233	2225		18 the general assembly.
2234	2226		19 (4) A committee organized by a legislative caucus of the senate
2235	2227		20 of the general assembly.
2236	2228		21 (e) As used in this section, "officer" refers only to either of the
2237	2229		22 following:
2238	2230		23 (1) An individual listed as an officer of a corporation in the
2239	2231		24 corporation's most recent annual report.
2240	2232		25 (2) An individual who is a successor to an individual described in
2241	2233		26 subdivision (1).
2242	2234		27 (f) For purposes of this section, a person is considered to have an
2243	2235		28 interest in a permit holder if the person satisfies any of the following:
2244	2236		29 (1) The person holds at least a one percent (1%) interest in the
2245	2237		30 permit holder.
2246	2238		31 (2) The person is an officer of the permit holder.
2247	2239		32 (3) The person is an officer of a person that holds at least a one
2248	2240		33 percent (1%) interest in the permit holder.
2249	2241		34 (4) The person is a political action committee of the permit
2250	2242		35 holder.
2251	2243		36 (g) For purposes of this section, a permit holder is considered to
2252	2244		37 have made a contribution if a contribution is made by a person who has
2253	2245		38 an interest in the permit holder.
2254	2246		39 (h) A permit holder or a person with an interest in a permit holder
2255	2247		40 may not make a contribution to a candidate or a committee during the
2256	2248		41 following periods:
2257	2249		42 (1) The term during which the permit holder holds a permit.
2258		-	ES 80—LS 6051/DI 112 53
	2250	+	SB 80—LS 6051/DI 112 53
2259	2251		1 (2) The three (3) years following the final expiration or
2260	2252		2 termination of the permit holder's permit.
2261	2253		3 (i) A person who knowingly or intentionally violates this section
2262	2254		4 commits a Level 6 felony.
2263	2255		5 SECTION 39. IC 4-31-13-9, AS AMENDED BY P.L.158-2013,
2264	2256		6 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2265	2257		7 JULY 1, 2025]: Sec. 9. (a) The definitions in IC 3-5-2 IC 3-5-2.1 apply
2266	2258		8 to this section to the extent they do not conflict with the definitions in
2267	2259		9 this article.
2268	2260		10 (b) This section applies only to property given after June 30, 1996.
2269	2261		11 (c) As used in this section, "officer" refers only to either of the
2270	2262		12 following:
2271	2263		13 (1) An individual listed as an officer of a corporation in the
2272	2264		14 corporation's most recent annual report.
2273	2265		15 (2) An individual who is a successor to an individual described in
2274	2266		16 subdivision (1).
2275	2267		17 (d) For purposes of this section, a person is considered to have an
2276	2268		18 interest in a permit holder if the person satisfies any of the following:
2277	2269		19 (1) The person holds at least a one percent (1%) interest in the
2278	2270		20 permit holder.
2279	2271		21 (2) The person is an officer of the permit holder.
2280	2272		22 (3) The person is an officer of a person that holds at least a one
2281	2273		23 percent (1%) interest in the permit holder.
2282	2274		24 (4) The person is a political action committee of the permit
2283	2275		25 holder.
2284	2276		26 (e) A permit holder or a person with an interest in a permit holder
2285	2277		27 may not give any property (as defined in IC 35-31.5-2-253) to a
2286	2278		28 member of a precinct committee to induce the member of the precinct
2287	2279		29 committee to do any act or refrain from doing any act with respect to
2288	2280		30 the approval of a local public question under IC 4-31-4.
2289	2281		31 (f) A person who knowingly or intentionally violates this section
2290	2282		32 commits a Level 6 felony.
2291	2283		33 SECTION 40. IC 4-32.3-2-10, AS ADDED BY P.L.58-2019,
2292	2284		34 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2293	2285		35 JULY 1, 2025]: Sec. 10. (a) "Bona fide political organization" means
2294	2286		36 a party committee, association, fund, or other organization, whether
2295	2287		37 incorporated or not, organized and operated primarily for the purpose
2296	2288		38 of directly or indirectly accepting contributions or making
2297	2289		39 expenditures, or both, for an exempt function (as defined in Section
2298	2290		40 527 of the Internal Revenue Code).
2299	2291		41 (b) The term does not include a candidate's committee (as defined
2300	2292		42 in IC 3-5-2-7). IC 3-5-2.1-17).
2301		-	ES 80—LS 6051/DI 112 54
	2293	+	SB 80—LS 6051/DI 112 54
2302	2294		1 SECTION 41. IC 4-32.3-4-12, AS ADDED BY P.L.58-2019,
2303	2295		2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2304	2296		3 JULY 1, 2025]: Sec. 12. (a) With respect to any action authorized by
2305	2297		4 this section, a candidate's committee (as defined in IC 3-5-2-7)
2306	2298		5 IC 3-5-2.1-17) is considered a bona fide political organization.
2307	2299		6 (b) A candidate's committee may apply for a license to conduct a
2308	2300		7 raffle, but is prohibited from conducting any other kind of allowable
2309	2301		8 event.
2310	2302		9 (c) The members of a candidate's committee may conduct a raffle
2311	2303		10 without meeting the requirements of this article concerning the
2312	2304		11 membership of a qualified organization. A candidate's committee
2313	2305		12 licensed under this section must remain in good standing with the
2314	2306		13 election division or the county election board having jurisdiction over
2315	2307		14 the committee.
2316	2308		15 SECTION 42. IC 4-33-10-2.1, AS AMENDED BY P.L.158-2013,
2317	2309		16 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2318	2310		17 JULY 1, 2025]: Sec. 2.1. (a) This section applies only to contributions
2319	2311		18 made after June 30, 1996.
2320	2312		19 (b) The definitions in IC 3-5-2 IC 3-5-2.1 apply to this section to the
2321	2313		20 extent they do not conflict with the definitions in this article.
2322	2314		21 (c) As used in this section, "candidate" refers to any of the
2323	2315		22 following:
2324	2316		23 (1) A candidate for a state office.
2325	2317		24 (2) A candidate for a legislative office.
2326	2318		25 (3) A candidate for a local office.
2327	2319		26 (d) As used in this section, "committee" refers to any of the
2328	2320		27 following:
2329	2321		28 (1) A candidate's committee.
2330	2322		29 (2) A regular party committee.
2331	2323		30 (3) A committee organized by a legislative caucus of the house of
2332	2324		31 the general assembly.
2333	2325		32 (4) A committee organized by a legislative caucus of the senate
2334	2326		33 of the general assembly.
2335	2327		34 (e) As used in this section, "license" means:
2336	2328		35 (1) an owner's license issued under this article;
2337	2329		36 (2) a supplier's license issued under this article to a supplier of
2338	2330		37 gaming supplies or equipment, including electronic gaming
2339	2331		38 equipment; or
2340	2332		39 (3) an operating agent contract issued under this article.
2341	2333		40 (f) As used in this section, "licensee" means a person who holds a
2342	2334		41 license. The term includes an operating agent.
2343	2335		42 (g) As used in this section, "officer" refers only to either of the
2344		-	ES 80—LS 6051/DI 112 55
	2336	+	SB 80—LS 6051/DI 112 55
2345	2337		1 following:
2346	2338		2 (1) An individual listed as an officer of a corporation in the
2347	2339		3 corporation's most recent annual report.
2348	2340		4 (2) An individual who is a successor to an individual described in
2349	2341		5 subdivision (1).
2350	2342		6 (h) For purposes of this section, a person is considered to have an
2351	2343		7 interest in a licensee if the person satisfies any of the following:
2352	2344		8 (1) The person holds at least a one percent (1%) interest in the
2353	2345		9 licensee.
2354	2346		10 (2) The person is an officer of the licensee.
2355	2347		11 (3) The person is an officer of a person that holds at least a one
2356	2348		12 percent (1%) interest in the licensee.
2357	2349		13 (4) The person is a political action committee of the licensee.
2358	2350		14 (i) A licensee is considered to have made a contribution if a
2359	2351		15 contribution is made by a person who has an interest in the licensee.
2360	2352		16 (j) A licensee or a person who has an interest in a licensee may not
2361	2353		17 make a contribution to a candidate or a committee during the following
2362	2354		18 periods:
2363	2355		19 (1) The term during which the licensee holds a license.
2364	2356		20 (2) The three (3) years following the final expiration or
2365	2357		21 termination of the licensee's license.
2366	2358		22 (k) A person who knowingly or intentionally violates this section
2367	2359		23 commits a Level 6 felony.
2368	2360		24 SECTION 43. IC 4-33-10-2.5, AS AMENDED BY P.L.293-2019,
2369	2361		25 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2370	2362		26 JULY 1, 2025]: Sec. 2.5. (a) This section applies only to property given
2371	2363		27 after June 30, 1996.
2372	2364		28 (b) The definitions in IC 3-5-2 IC 3-5-2.1 apply to this section to the
2373	2365		29 extent they do not conflict with the definitions in this article.
2374	2366		30 (c) As used in this section, "license" means:
2375	2367		31 (1) an owner's license issued under this article;
2376	2368		32 (2) a supplier's license issued under this article to a supplier of
2377	2369		33 gaming supplies or equipment, including electronic gaming
2378	2370		34 equipment; or
2379	2371		35 (3) an operating agent contract entered into under this article.
2380	2372		36 (d) As used in this section, "licensee" means a person who holds a
2381	2373		37 license. The term includes an operating agent.
2382	2374		38 (e) As used in this section, "officer" refers only to either of the
2383	2375		39 following:
2384	2376		40 (1) An individual listed as an officer of a corporation in the
2385	2377		41 corporation's most recent annual report.
2386	2378		42 (2) An individual who is a successor to an individual described in
2387		-	ES 80—LS 6051/DI 112 56
	2379	+	SB 80—LS 6051/DI 112 56
2388	2380		1 subdivision (1).
2389	2381		2 (f) For purposes of this section, a person is considered to have an
2390	2382		3 interest in a licensee if the person satisfies any of the following:
2391	2383		4 (1) The person holds at least a one percent (1%) interest in the
2392	2384		5 licensee.
2393	2385		6 (2) The person is an officer of the licensee.
2394	2386		7 (3) The person is an officer of a person that holds at least a one
2395	2387		8 percent (1%) interest in the licensee.
2396	2388		9 (4) The person is a political action committee of the licensee.
2397	2389		10 (g) A licensee or a person with an interest in a licensee may not give
2398	2390		11 any property (as defined in IC 35-31.5-2-253) to a member of a
2399	2391		12 precinct committee to induce the member of the precinct committee to
2400	2392		13 do any act or refrain from doing any act with respect to the approval of
2401	2393		14 a local public question under IC 4-33-6-19 or IC 4-33-6-19.3.
2402	2394		15 (h) A person who knowingly or intentionally violates this section
2403	2395		16 commits a Level 6 felony.
2404	2396		17 SECTION 44. IC 4-35-7-13, AS AMENDED BY P.L.95-2008,
2405	2397		18 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2406	2398		19 JULY 1, 2025]: Sec. 13. (a) The definitions in IC 3-5-2 IC 3-5-2.1
2407	2399		20 apply to this section to the extent they do not conflict with the
2408	2400		21 definitions in this article.
2409	2401		22 (b) As used in this section, "candidate" refers to any of the
2410	2402		23 following:
2411	2403		24 (1) A candidate for a state office.
2412	2404		25 (2) A candidate for a legislative office.
2413	2405		26 (3) A candidate for a local office.
2414	2406		27 (c) As used in this section, "committee" refers to any of the
2415	2407		28 following:
2416	2408		29 (1) A candidate's committee.
2417	2409		30 (2) A regular party committee.
2418	2410		31 (3) A committee organized by a legislative caucus of the house of
2419	2411		32 the general assembly.
2420	2412		33 (4) A committee organized by a legislative caucus of the senate
2421	2413		34 of the general assembly.
2422	2414		35 (d) Money distributed to a horsemen's association under section 12
2423	2415		36 of this chapter may not be used for any of the following purposes:
2424	2416		37 (1) To make a contribution to a candidate or a committee.
2425	2417		38 (2) For lobbying (as defined in IC 2-7-1-9).
2426	2418		39 SECTION 45. IC 5-2-15-3, AS AMENDED BY P.L.30-2019,
2427	2419		40 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2428	2420		41 JULY 1, 2025]: Sec. 3. (a) As used in this section, "property" refers to
2429	2421		42 a:
2430		-	ES 80—LS 6051/DI 112 57
	2422	+	SB 80—LS 6051/DI 112 57
2431	2423		1 (1) dwelling (as defined in IC 13-11-2-61.3);
2432	2424		2 (2) building;
2433	2425		3 (3) motor vehicle (as defined in IC 9-13-2-105(a));
2434	2426		4 (4) trailer (as defined in IC 9-13-2-184(b)); or
2435	2427		5 (5) watercraft (as defined by IC 9-13-2-198.5).
2436	2428		6 (b) A law enforcement agency that terminates the use of a property
2437	2429		7 in the illegal manufacture of a controlled substance (as defined in
2438	2430		8 IC 35-48-1-9) IC 35-48-1.1-7) shall report the existence and location
2439	2431		9 of the property to:
2440	2432		10 (1) the state police department;
2441	2433		11 (2) the local fire department that serves the area in which the
2442	2434		12 property is located; and
2443	2435		13 (3) the local health department in whose jurisdiction the property
2444	2436		14 is located;
2445	2437		15 on a form and in the manner prescribed by guidelines adopted by the
2446	2438		16 superintendent of the state police department under IC 10-11-2-31.
2447	2439		17 SECTION 46. IC 5-2-15-4, AS AMENDED BY P.L.1-2007,
2448	2440		18 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2449	2441		19 JULY 1, 2025]: Sec. 4. A law enforcement agency that discovers a
2450	2442		20 child less than eighteen (18) years of age at a site used for the illegal
2451	2443		21 manufacture of a controlled substance (as defined in IC 35-48-1-9)
2452	2444		22 IC 35-48-1.1-7) shall notify the department of child services.
2453	2445		23 SECTION 47. IC 5-3-5-3, AS ADDED BY P.L.152-2021,
2454	2446		24 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2455	2447		25 JULY 1, 2025]: Sec. 3. As used in this chapter, "political subdivision"
2456	2448		26 has the meaning set forth in IC 3-5-2-38. IC 3-5-2.1-79. The term
2457	2449		27 includes any administration, agency, authority, board, bureau,
2458	2450		28 commission, committee, council, department, division, institution,
2459	2451		29 office, officer, service, or other similar body of a political subdivision
2460	2452		30 created or established under law.
2461	2453		31 SECTION 48. IC 5-8-1-38, AS AMENDED BY P.L.57-2015,
2462	2454		32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2463	2455		33 JULY 1, 2025]: Sec. 38. (a) The following definitions apply throughout
2464	2456		34 this section:
2465	2457		35 (1) "Felony" has the meaning set forth in IC 3-8-1-5.
2466	2458		36 (2) "Public officer" means either of the following:
2467	2459		37 (A) An individual who holds an elected office (as defined in
2468	2460		38 IC 3-5-2-17), IC 3-5-2.1-34), other than a federal office.
2469	2461		39 (B) An individual who holds an appointed office of the state
2470	2462		40 or a political subdivision (as defined in IC 36-1-2-13).
2471	2463		41 (b) Any public officer convicted of a felony during the public
2472	2464		42 officer's term of office shall:
2473		-	ES 80—LS 6051/DI 112 58
	2465	+	SB 80—LS 6051/DI 112 58
2474	2466		1 (1) be removed from office by operation of law when:
2475	2467		2 (A) in a jury trial, a jury publicly announces a verdict against
2476	2468		3 the person for a felony;
2477	2469		4 (B) in a bench trial, the court publicly announces a verdict
2478	2470		5 against the person for a felony; or
2479	2471		6 (C) in a guilty plea hearing, the person pleads guilty or nolo
2480	2472		7 contendere to a felony; and
2481	2473		8 (2) not receive any salary or remuneration from the time the
2482	2474		9 public officer is removed from office under subdivision (1).
2483	2475		10 (c) The subsequent reduction of a felony to a Class A misdemeanor
2484	2476		11 under IC 35-50-2-7 or IC 35-38-1-1.5 after the:
2485	2477		12 (1) jury has announced its verdict against the person for a felony;
2486	2478		13 (2) court has announced its verdict against the person for a felony;
2487	2479		14 or
2488	2480		15 (3) person has pleaded guilty or nolo contendere to a felony;
2489	2481		16 does not affect the operation of subsection (b).
2490	2482		17 (d) If the conviction is:
2491	2483		18 (1) reversed;
2492	2484		19 (2) vacated;
2493	2485		20 (3) set aside;
2494	2486		21 (4) for a felony other than a felony arising out of an action taken
2495	2487		22 in the public officer's official capacity, reduced to a Class A
2496	2488		23 misdemeanor under IC 35-50-2-7 or IC 35-38-1-1.5; or
2497	2489		24 (5) not entered because the trial court did not accept the guilty
2498	2490		25 plea;
2499	2491		26 and the public officer's term has not expired, the public officer shall be
2500	2492		27 reinstated in office and receive any salary or other remuneration that
2501	2493		28 the public officer would have received had the public officer not been
2502	2494		29 removed from office.
2503	2495		30 (e) If the conviction is reversed, vacated, or set aside and the public
2504	2496		31 officer's term has expired, the public officer shall receive any salary or
2505	2497		32 other remuneration that the public officer would have received had the
2506	2498		33 public officer not been removed from office.
2507	2499		34 (f) A vacancy in a public office caused by the removal of a public
2508	2500		35 officer under this section shall be filled as provided by law. If a
2509	2501		36 convicted public officer is reinstated, the person filling the office
2510	2502		37 during the appeal shall cease to hold the office.
2511	2503		38 (g) This subsection applies whenever:
2512	2504		39 (1) a public officer is removed from office by operation of law
2513	2505		40 under subsection (b); and
2514	2506		41 (2) a vacancy occurs in a state, county, township, city, or town
2515	2507		42 office as the result of the removal from office.
2516		-	ES 80—LS 6051/DI 112 59
	2508	+	SB 80—LS 6051/DI 112 59
2517	2509		1 The court must file a certified copy of the sentencing order with the
2518	2510		2 person who is entitled under IC 5-8-6 to receive notice of the death of
2519	2511		3 an individual holding the office. The person receiving a copy of the
2520	2512		4 sentencing order must give notice of the vacancy in the same manner
2521	2513		5 as if the person had received a notice under IC 5-8-6. The person who
2522	2514		6 is required or permitted to fill the vacancy must comply with IC 3-13.
2523	2515		7 (h) This subsection applies if a public officer is reinstated in office
2524	2516		8 under subsection (d). The court must file a certified copy of the order
2525	2517		9 reversing, vacating, reducing, or setting aside the conviction with the
2526	2518		10 person who is entitled under IC 5-8-6 to receive notice of the death of
2527	2519		11 an individual holding the office. The person receiving a copy of the
2528	2520		12 order must give notice of the reinstatement in the same manner as
2529	2521		13 notice of a vacancy would be given under IC 5-8-6. The person
2530	2522		14 receiving a copy of the order must also give notice to the person who
2531	2523		15 was selected to fill the vacancy before the reinstatement occurred.
2532	2524		16 SECTION 49. IC 5-8-6-2, AS ADDED BY P.L.119-2005,
2533	2525		17 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2534	2526		18 JULY 1, 2025]: Sec. 2. As used in this chapter, "officeholder" refers to
2535	2527		19 a person who holds a state office, legislative office, local office, or
2536	2528		20 school board office (as those terms are defined in IC 3-5-2).
2537	2529		21 IC 3-5-2.1).
2538	2530		22 SECTION 50. IC 5-8-6-3, AS AMENDED BY P.L.227-2023,
2539	2531		23 SECTION 134, IS AMENDED TO READ AS FOLLOWS
2540	2532		24 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) A person who knows of the
2541	2533		25 death of an officeholder may certify the death to the following:
2542	2534		26 (1) The governor, in the case of the death of any of the following:
2543	2535		27 (A) An individual who holds a state office (as defined in
2544	2536		28 IC 3-5-2-48). IC 3-5-2.1-97).
2545	2537		29 (B) An individual who is a judge of a circuit, superior, small
2546	2538		30 claims, probate, or city court.
2547	2539		31 (2) The secretary of state, in the case of the death of an individual
2548	2540		32 who holds a legislative office (as defined in IC-3-5-2-28).
2549	2541		33 IC 3-5-2.1-60).
2550	2542		34 (3) The circuit court clerk of the county in which the officeholder
2551	2543		35 resided, in the case of the death of an officeholder of a county,
2552	2544		36 city, town, township, or school corporation not covered under
2553	2545		37 subdivision (1).
2554	2546		38 (b) A person who certifies the death of an officeholder shall:
2555	2547		39 (1) state the information that causes the person to believe the
2556	2548		40 officeholder has died; and
2557	2549		41 (2) certify, under the penalties for perjury, that to the best of the
2558	2550		42 person's knowledge and belief, the information stated is true.
2559		-	ES 80—LS 6051/DI 112 60
	2551	+	SB 80—LS 6051/DI 112 60
2560	2552		1 SECTION 51. IC 5-8-6-4, AS ADDED BY P.L.119-2005,
2561	2553		2 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2562	2554		3 JULY 1, 2025]: Sec. 4. When the governor:
2563	2555		4 (1) obtains information concerning the death of an individual
2564	2556		5 who:
2565	2557		6 (A) holds a state office (as defined in IC 3-5-2-48);
2566	2558		7 IC 3-5-2.1-97); or
2567	2559		8 (B) is a judge of a circuit, superior, probate, county, or city
2568	2560		9 court; and
2569	2561		10 (2) is reasonably satisfied that the information described in
2570	2562		11 subdivision (1) is true;
2571	2563		12 the governor shall fill the vacancy as provided by law.
2572	2564		13 SECTION 52. IC 5-8-6-5, AS ADDED BY P.L.119-2005,
2573	2565		14 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2574	2566		15 JULY 1, 2025]: Sec. 5. (a) When the secretary of state:
2575	2567		16 (1) obtains information concerning the death of an individual who
2576	2568		17 holds a legislative office (as defined in IC 3-5-2-28);
2577	2569		18 IC 3-5-2.1-60); and
2578	2570		19 (2) is reasonably satisfied that the information described in
2579	2571		20 subdivision (1) is true;
2580	2572		21 the secretary of state shall give notice of the death to the state chairman
2581	2573		22 of the political party that elected or selected the deceased individual.
2582	2574		23 (b) The secretary of state shall give the notice required by
2583	2575		24 subsection (a) not later than seventy-two (72) hours after the
2584	2576		25 requirements of subsection (a)(1) and (a)(2) are satisfied.
2585	2577		26 SECTION 53. IC 5-9-4-1 IS AMENDED TO READ AS FOLLOWS
2586	2578		27 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) This chapter applies to a
2587	2579		28 person who:
2588	2580		29 (1) holds a state, legislative, local, or school board office (all as
2589	2581		30 defined in IC 3-5-2); IC 3-5-2.1);
2590	2582		31 (2) is called into active duty in the:
2591	2583		32 (A) armed forces of the United States; or
2592	2584		33 (B) the national guard; and
2593	2585		34 (3) may not appoint a deputy under IC 5-6-2.
2594	2586		35 (b) This chapter may not be applied in violation of Article 2, Section
2595	2587		36 9 of the Constitution of the State of Indiana.
2596	2588		37 SECTION 54. IC 5-9-4-5 IS AMENDED TO READ AS FOLLOWS
2597	2589		38 [EFFECTIVE JULY 1, 2025]: Sec. 5. As used in this chapter,
2598	2590		39 "officeholder" refers to a person who holds a state, legislative, local, or
2599	2591		40 school board office (all as defined in IC 3-5-2). IC 3-5-2.1).
2600	2592		41 SECTION 55. IC 5-10-8-7, AS AMENDED BY P.L.119-2022,
2601	2593		42 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2602		-	ES 80—LS 6051/DI 112 61
	2594	+	SB 80—LS 6051/DI 112 61
2603	2595		1 JULY 1, 2025]: Sec. 7. (a) The state, excluding state educational
2604	2596		2 institutions, may not purchase or maintain a policy of group insurance,
2605	2597		3 except:
2606	2598		4 (1) life insurance for the state's employees;
2607	2599		5 (2) long term care insurance under a long term care insurance
2608	2600		6 policy (as defined in IC 27-8-12-5), for the state's employees; or
2609	2601		7 (3) an insurance policy that provides coverage that supplements
2610	2602		8 coverage provided under a United States military health care plan.
2611	2603		9 (b) With the consent of the governor, the state personnel department
2612	2604		10 may establish self-insurance programs to provide group insurance other
2613	2605		11 than life or long term care insurance for state employees and retired
2614	2606		12 state employees. The state personnel department may contract with a
2615	2607		13 private agency, business firm, limited liability company, or corporation
2616	2608		14 for administrative services. A commission may not be paid for the
2617	2609		15 placement of the contract. The department may require, as part of a
2618	2610		16 contract for administrative services, that the provider of the
2619	2611		17 administrative services offer to an employee terminating state
2620	2612		18 employment the option to purchase, without evidence of insurability,
2621	2613		19 an individual policy of insurance.
2622	2614		20 (c) Notwithstanding subsection (a), with the consent of the
2623	2615		21 governor, the state personnel department may contract for health
2624	2616		22 services for state employees through one (1) or more prepaid health
2625	2617		23 care delivery plans.
2626	2618		24 (d) The state personnel department shall adopt rules under IC 4-22-2
2627	2619		25 to establish long term and short term disability plans for state
2628	2620		26 employees (except employees who hold elected offices (as defined by
2629	2621		27 IC 3-5-2-17)). IC 3-5-2.1-34)). The plans adopted under this
2630	2622		28 subsection may include any provisions the department considers
2631	2623		29 necessary and proper and must:
2632	2624		30 (1) require participation in the plan by employees with six (6)
2633	2625		31 months of continuous, full-time service;
2634	2626		32 (2) require an employee to make a contribution to the plan in the
2635	2627		33 form of a payroll deduction;
2636	2628		34 (3) require that an employee's benefits under the short term
2637	2629		35 disability plan be subject to a thirty (30) day elimination period
2638	2630		36 and that benefits under the long term plan be subject to a six (6)
2639	2631		37 month elimination period;
2640	2632		38 (4) prohibit the termination of an employee who is eligible for
2641	2633		39 benefits under the plan;
2642	2634		40 (5) except as provided in section 25 of this chapter, provide, after
2643	2635		41 a seven (7) day elimination period, eighty percent (80%) of base
2644	2636		42 biweekly wages for an employee disabled by injuries resulting
2645		-	ES 80—LS 6051/DI 112 62
	2637	+	SB 80—LS 6051/DI 112 62
2646	2638		1 from tortious acts, as distinguished from passive negligence, that
2647	2639		2 occur within the employee's scope of state employment;
2648	2640		3 (6) provide that an employee's benefits under the plan may be
2649	2641		4 reduced, dollar for dollar, if the employee derives income from:
2650	2642		5 (A) Social Security;
2651	2643		6 (B) the public employees' retirement fund;
2652	2644		7 (C) the Indiana state teachers' retirement fund;
2653	2645		8 (D) pension disability;
2654	2646		9 (E) worker's compensation;
2655	2647		10 (F) benefits provided from another employer's group plan; or
2656	2648		11 (G) remuneration for employment entered into after the
2657	2649		12 disability was incurred.
2658	2650		13 (The department of state revenue and the department of workforce
2659	2651		14 development shall cooperate with the state personnel department
2660	2652		15 to confirm that an employee has disclosed complete and accurate
2661	2653		16 information necessary to administer this subdivision.);
2662	2654		17 (7) provide that an employee will not receive benefits under the
2663	2655		18 plan for a disability resulting from causes specified in the rules;
2664	2656		19 and
2665	2657		20 (8) provide that, if an employee refuses to:
2666	2658		21 (A) accept work assignments appropriate to the employee's
2667	2659		22 medical condition;
2668	2660		23 (B) submit information necessary for claim administration; or
2669	2661		24 (C) submit to examinations by designated physicians;
2670	2662		25 the employee forfeits benefits under the plan.
2671	2663		26 (e) This section does not affect insurance for retirees under
2672	2664		27 IC 5-10.3 or IC 5-10.4.
2673	2665		28 (f) The state may pay part of the cost of self-insurance or prepaid
2674	2666		29 health care delivery plans for its employees.
2675	2667		30 (g) A state agency may not provide any insurance benefits to its
2676	2668		31 employees that are not generally available to other state employees,
2677	2669		32 unless specifically authorized by law.
2678	2670		33 (h) The state may pay a part of the cost of group medical and life
2679	2671		34 coverage for its employees.
2680	2672		35 (i) To carry out the purposes of this section, a trust fund may be
2681	2673		36 established. The trust fund established under this subsection is
2682	2674		37 considered a trust fund for purposes of IC 4-9.1-1-7. Money may not be
2683	2675		38 transferred, assigned, or otherwise removed from the trust fund
2684	2676		39 established under this subsection by the state board of finance, the
2685	2677		40 budget agency, or any other state agency. Money in a trust fund
2686	2678		41 established under this subsection does not revert to the state general
2687	2679		42 fund at the end of any state fiscal year. The trust fund established under
2688		-	ES 80—LS 6051/DI 112 63
	2680	+	SB 80—LS 6051/DI 112 63
2689	2681		1 this subsection consists of appropriations, revenues, or transfers to the
2690	2682		2 trust fund under IC 4-12-1. Contributions to the trust fund are
2691	2683		3 irrevocable. The trust fund must be limited to providing prefunding of
2692	2684		4 annual required contributions and to cover OPEB liability for covered
2693	2685		5 individuals. Funds may be used only for these purposes and not to
2694	2686		6 increase benefits or reduce premiums. The trust fund shall be
2695	2687		7 established to comply with and be administered in a manner that
2696	2688		8 satisfies the Internal Revenue Code requirements concerning a trust
2697	2689		9 fund for prefunding annual required contributions and for covering
2698	2690		10 OPEB liability for covered individuals. All assets in the trust fund
2699	2691		11 established under this subsection:
2700	2692		12 (1) are dedicated exclusively to providing benefits to covered
2701	2693		13 individuals and their beneficiaries according to the terms of the
2702	2694		14 health plan; and
2703	2695		15 (2) are exempt from levy, sale, garnishment, attachment, or other
2704	2696		16 legal process.
2705	2697		17 The trust fund established under this subsection shall be administered
2706	2698		18 by the state personnel department. The expenses of administering the
2707	2699		19 trust fund shall be paid from money in the trust fund. Notwithstanding
2708	2700		20 IC 5-13, the treasurer of state shall invest the money in the trust fund
2709	2701		21 not currently needed to meet the obligations of the trust fund in the
2710	2702		22 same manner as money may be invested by the public employees'
2711	2703		23 retirement fund under IC 5-10.3-5. However, the trustee may not invest
2712	2704		24 the money in the trust in equity securities. The trustee shall also comply
2713	2705		25 with the prudent investor rule set forth in IC 30-4-3.5. The trustee may
2714	2706		26 contract with investment management professionals, investment
2715	2707		27 advisors, and legal counsel to assist in the investment of the trust and
2716	2708		28 may pay the state expenses incurred under those contracts from the
2717	2709		29 trust. Interest that accrues from these investments shall be deposited in
2718	2710		30 the trust fund.
2719	2711		31 (j) Nothing in this section prohibits the state personnel department
2720	2712		32 from directly contracting with health care providers for health care
2721	2713		33 services for state employees.
2722	2714		34 SECTION 56. IC 5-10.5-2-4, AS AMENDED BY P.L.100-2012,
2723	2715		35 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2724	2716		36 JULY 1, 2025]: Sec. 4. For purposes of IC 34-13-2, IC 34-13-3, and
2725	2717		37 IC 34-13-4, the board, the system, and all employees of the board or the
2726	2718		38 system are public employees (as defined in IC 34-6-2-38).
2727	2719		39 IC 34-6-2.1-54).
2728	2720		40 SECTION 57. IC 5-14-1.5-2, AS AMENDED BY P.L.171-2024,
2729	2721		41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2730	2722		42 JULY 1, 2025]: Sec. 2. For the purposes of this chapter:
2731		-	ES 80—LS 6051/DI 112 64
	2723	+	SB 80—LS 6051/DI 112 64
2732	2724		1 (a) "Public agency", except as provided in section 2.1 of this
2733	2725		2 chapter, means the following:
2734	2726		3 (1) Any board, commission, department, agency, authority, or
2735	2727		4 other entity, by whatever name designated, exercising a portion of
2736	2728		5 the executive, administrative, or legislative power of the state.
2737	2729		6 (2) Any county, township, school corporation, city, town, political
2738	2730		7 subdivision, or other entity, by whatever name designated,
2739	2731		8 exercising in a limited geographical area the executive,
2740	2732		9 administrative, or legislative power of the state or a delegated
2741	2733		10 local governmental power.
2742	2734		11 (3) Any entity which is subject to either:
2743	2735		12 (A) budget review by either the department of local
2744	2736		13 government finance or the governing body of a county, city,
2745	2737		14 town, township, or school corporation; or
2746	2738		15 (B) audit by the state board of accounts that is required by
2747	2739		16 statute, rule, or regulation.
2748	2740		17 (4) Any building corporation of a political subdivision of the state
2749	2741		18 of Indiana that issues bonds for the purpose of constructing public
2750	2742		19 facilities.
2751	2743		20 (5) Any advisory commission, committee, or body created by
2752	2744		21 statute, ordinance, or executive order to advise the governing
2753	2745		22 body of a public agency, except medical staffs or the committees
2754	2746		23 of any such staff.
2755	2747		24 (6) The Indiana gaming commission established by IC 4-33,
2756	2748		25 including any department, division, or office of the commission.
2757	2749		26 (7) The Indiana horse racing commission established by IC 4-31,
2758	2750		27 including any department, division, or office of the commission.
2759	2751		28 (b) "Governing body" means two (2) or more individuals who are
2760	2752		29 any of the following:
2761	2753		30 (1) A public agency that:
2762	2754		31 (A) is a board, a commission, an authority, a council, a
2763	2755		32 committee, a body, or other entity; and
2764	2756		33 (B) takes official action on public business.
2765	2757		34 (2) The board, commission, council, or other body of a public
2766	2758		35 agency which takes official action upon public business.
2767	2759		36 (3) Any committee appointed directly by the governing body or
2768	2760		37 its presiding officer to which authority to take official action upon
2769	2761		38 public business has been delegated. However, the following do
2770	2762		39 not constitute a governing body for purposes of this chapter:
2771	2763		40 (A) An agent or agents appointed by the governing body to
2772	2764		41 conduct collective bargaining on behalf of the governing body.
2773	2765		42 (B) A committee appointed directly by the governing body or
2774		-	ES 80—LS 6051/DI 112 65
	2766	+	SB 80—LS 6051/DI 112 65
2775	2767		1 a designee of the governing body:
2776	2768		2 (i) for the sole purpose of receiving information,
2777	2769		3 deliberating, or making recommendations to the governing
2778	2770		4 body; and
2779	2771		5 (ii) that has not more than one (1) member of the governing
2780	2772		6 body as a member.
2781	2773		7 (c) "Meeting" means a gathering of a majority of the governing body
2782	2774		8 of a public agency for the purpose of taking official action upon public
2783	2775		9 business. It does not include any of the following:
2784	2776		10 (1) Any social or chance gathering not intended to avoid this
2785	2777		11 chapter.
2786	2778		12 (2) Any on-site inspection of any:
2787	2779		13 (A) project;
2788	2780		14 (B) program; or
2789	2781		15 (C) facilities of applicants for incentives or assistance from the
2790	2782		16 governing body.
2791	2783		17 (3) Traveling to and attending meetings of organizations devoted
2792	2784		18 to betterment of government.
2793	2785		19 (4) A caucus.
2794	2786		20 (5) A gathering to discuss an industrial or a commercial prospect
2795	2787		21 that does not include a conclusion as to recommendations, policy,
2796	2788		22 decisions, or final action on the terms of a request or an offer of
2797	2789		23 public financial resources.
2798	2790		24 (6) An orientation of members of the governing body on their role
2799	2791		25 and responsibilities as public officials, but not for any other
2800	2792		26 official action.
2801	2793		27 (7) A gathering for the sole purpose of administering an oath of
2802	2794		28 office to an individual.
2803	2795		29 (8) Collective bargaining discussions that the governing body of
2804	2796		30 a school corporation engages in directly with bargaining
2805	2797		31 adversaries. This subdivision applies only to a governing body
2806	2798		32 that has not appointed an agent or agents to conduct collective
2807	2799		33 bargaining on behalf of the governing body as described in
2808	2800		34 subsection (b)(3).
2809	2801		35 (d) "Official action" means to:
2810	2802		36 (1) receive information;
2811	2803		37 (2) deliberate;
2812	2804		38 (3) make recommendations;
2813	2805		39 (4) establish policy;
2814	2806		40 (5) make decisions; or
2815	2807		41 (6) take final action.
2816	2808		42 (e) "Public business" means any function upon which the public
2817		-	ES 80—LS 6051/DI 112 66
	2809	+	SB 80—LS 6051/DI 112 66
2818	2810		1 agency is empowered or authorized to take official action.
2819	2811		2 (f) "Executive session" means a meeting from which the public is
2820	2812		3 excluded, except the governing body may admit those persons
2821	2813		4 necessary to carry out its purpose. The governing body may also admit
2822	2814		5 an individual who has been elected to the governing body but has not
2823	2815		6 been sworn in as a member of the governing body.
2824	2816		7 (g) "Final action" means a vote by the governing body on any
2825	2817		8 motion, proposal, resolution, rule, regulation, ordinance, or order.
2826	2818		9 (h) "Caucus" means a gathering of members of a political party or
2827	2819		10 coalition which is held for purposes of planning political strategy and
2828	2820		11 holding discussions designed to prepare the members for taking official
2829	2821		12 action.
2830	2822		13 (i) "Deliberate" means a discussion which may reasonably be
2831	2823		14 expected to result in official action (defined under subsection (d)(3),
2832	2824		15 (d)(4), (d)(5), or (d)(6)).
2833	2825		16 (j) "News media" means all newspapers qualified to receive legal
2834	2826		17 advertisements under IC 5-3-1, all news services (as defined in
2835	2827		18 IC 34-6-2-87), IC 34-6-2.1-131), and all licensed commercial or public
2836	2828		19 radio or television stations.
2837	2829		20 (k) "Person" means an individual, a corporation, a limited liability
2838	2830		21 company, a partnership, an unincorporated association, or a
2839	2831		22 governmental entity.
2840	2832		23 (l) "State educational institution" has the meaning set forth in
2841	2833		24 IC 21-7-13-32.
2842	2834		25 (m) "Charter school" has the meaning set forth in IC 20-24-1-4).
2843	2835		26 The term includes a virtual charter school (as defined in
2844	2836		27 IC 20-24-1-10).
2845	2837		28 SECTION 58. IC 5-16-11-2 IS AMENDED TO READ AS
2846	2838		29 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) As used in this
2847	2839		30 chapter, "consultant" means an individual who, under a contract with
2848	2840		31 the state or a political subdivision, does either of the following for the
2849	2841		32 state or the political subdivision:
2850	2842		33 (1) Evaluates bids for contracts.
2851	2843		34 (2) Awards contracts.
2852	2844		35 The term does not include a public employee (as defined in
2853	2845		36 IC 34-6-2-38). IC 34-6-2.1-54).
2854	2846		37 (b) An individual is not required to be a party to the contract with
2855	2847		38 the state or the political subdivision to be a consultant under this
2856	2848		39 section.
2857	2849		40 SECTION 59. IC 5-26.5-2-5, AS AMENDED BY P.L.271-2013,
2858	2850		41 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2859	2851		42 JULY 1, 2025]: Sec. 5. (a) The definitions set forth in IC 3-5-2
2860		-	ES 80—LS 6051/DI 112 67
	2852	+	SB 80—LS 6051/DI 112 67
2861	2853		1 IC 3-5-2.1 apply to this section.
2862	2854		2 (b) A program participant who is otherwise qualified to vote may
2863	2855		3 apply to vote as provided in IC 3-7. The residence address of a program
2864	2856		4 participant shall be recorded in the computerized system as set forth in
2865	2857		5 the voter registration application. However, the voter registration
2866	2858		6 application of the program participant is confidential, and the name and
2867	2859		7 residence address of the program participant shall not be printed on any
2868	2860		8 poll list or made available through any electronic poll list provided to
2869	2861		9 precinct election officers.
2870	2862		10 (c) The program participant may vote in person at the office of the
2871	2863		11 county election board or may vote absentee by mail. The absentee
2872	2864		12 ballot application of a program participant is confidential. The program
2873	2865		13 participant's mailing address shall be recorded in the computerized
2874	2866		14 system as the address of the office of the attorney general. Except as
2875	2867		15 provided in this section, IC 3-11-4-6 applies to a program participant
2876	2868		16 who wishes to vote by absentee ballot.
2877	2869		17 SECTION 60. IC 5-28-4-2, AS AMENDED BY P.L.237-2017,
2878	2870		18 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2879	2871		19 JULY 1, 2025]: Sec. 2. (a) The board is composed of the following
2880	2872		20 members, none of whom may be members of the general assembly:
2881	2873		21 (1) The governor.
2882	2874		22 (2) Eleven (11) individuals appointed by the governor.
2883	2875		23 (3) The members (if any) appointed by the governor under
2884	2876		24 subsection (c).
2885	2877		25 The individuals appointed under subdivision (2) and the individuals
2886	2878		26 appointed under subsection (c) must be employed in or retired from the
2887	2879		27 private or nonprofit sector or academia.
2888	2880		28 (b) When making appointments under subsection (a)(2), the
2889	2881		29 governor shall appoint the following:
2890	2882		30 (1) At least five (5) members belonging to the same political party
2891	2883		31 as the governor.
2892	2884		32 (2) At least three (3) members who belong to a major political
2893	2885		33 party (as defined in IC 3-5-2-30) IC 3-5-2.1-62) other than the
2894	2886		34 party of which the governor is a member.
2895	2887		35 (c) In addition to the members appointed under subsection (a)(2),
2896	2888		36 the governor may appoint not more than three (3) additional members
2897	2889		37 to the board. If the governor appoints more than one (1) additional
2898	2890		38 member to the board under this subsection, at least one (1) of the
2899	2891		39 additional members must belong to a major political party (as defined
2900	2892		40 in IC 3-5-2-30) IC 3-5-2.1-62) other than the party of which the
2901	2893		41 governor is a member.
2902	2894		42 SECTION 61. IC 5-28-5-7, AS ADDED BY P.L.4-2005, SECTION
2903		-	ES 80—LS 6051/DI 112 68
	2895	+	SB 80—LS 6051/DI 112 68
2904	2896		1 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2905	2897		2 2025]: Sec. 7. For purposes of IC 34-13-2, IC 34-13-3, and IC 34-13-4,
2906	2898		3 the board and the employees of the corporation are public employees
2907	2899		4 (as defined in IC 34-6-2-38). IC 34-6-2.1-54).
2908	2900		5 SECTION 62. IC 5-33-5-7, AS ADDED BY P.L.78-2019,
2909	2901		6 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2910	2902		7 JULY 1, 2025]: Sec. 7. For purposes of IC 34-13-2, IC 34-13-3, and
2911	2903		8 IC 34-13-4, the board and the employees of the corporation are public
2912	2904		9 employees (as defined in IC 34-6-2-38). IC 34-6-2.1-54).
2913	2905		10 SECTION 63. IC 6-1.1-20-1.8, AS AMENDED BY P.L.170-2019,
2914	2906		11 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2915	2907		12 JULY 1, 2025]: Sec. 1.8. As used in this chapter, "county voter
2916	2908		13 registration office" means the following:
2917	2909		14 (1) A board of registration established under IC 3-7-12 or by a
2918	2910		15 county executive acting under IC 3-7-12.
2919	2911		16 (2) A board of elections and registration (as defined in
2920	2912		17 IC 3-5-2-5.3). IC 3-5-2.1-12).
2921	2913		18 (3) The office of the circuit court clerk of a county in which a
2922	2914		19 board has not been established as described in subdivision (1) or
2923	2915		20 (2).
2924	2916		21 SECTION 64. IC 6-1.5-1-2 IS AMENDED TO READ AS
2925	2917		22 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. "Major political
2926	2918		23 party" has the meaning set forth in IC 3-5-2-30. IC 3-5-2.1-62.
2927	2919		24 SECTION 65. IC 6-2.5-8-7, AS AMENDED BY P.L.118-2024,
2928	2920		25 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2929	2921		26 JULY 1, 2025]: Sec. 7. (a) The department may, for good cause, revoke
2930	2922		27 a certificate issued under this chapter. However, the department must
2931	2923		28 give the certificate holder at least five (5) days notice before it revokes
2932	2924		29 the certificate under this subsection. Good cause for revocation may
2933	2925		30 include the following:
2934	2926		31 (1) Failure to:
2935	2927		32 (A) file a return required under this chapter or for any tax
2936	2928		33 collected for the state in trust; or
2937	2929		34 (B) remit any tax collected for the state in trust.
2938	2930		35 (2) Being charged with a violation of any provision under IC 35.
2939	2931		36 (3) Being subject to a court order under IC 7.1-2-6-7,
2940	2932		37 IC 32-30-6-8, IC 32-30-7, or IC 32-30-8.
2941	2933		38 (4) Being charged with a violation of IC 23-15-12.
2942	2934		39 (5) The certificate holder or an officer, a director, a manager, or
2943	2935		40 a partner of the certificate holder has been convicted for an
2944	2936		41 offense under IC 35-48-4 and the conviction involved the sale of
2945	2937		42 or the offer to sell, in the normal course of business, a synthetic
2946		-	ES 80—LS 6051/DI 112 69
	2938	+	SB 80—LS 6051/DI 112 69
2947	2939		1 drug (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
2948	2940		2 substance (as defined in IC 35-31.5-2-321.5 (before its repeal on
2949	2941		3 July 1, 2019)), a controlled substance analog (as defined in
2950	2942		4 IC 35-48-1-9.3), IC 35-48-1.1-8), or a substance represented to
2951	2943		5 be a controlled substance (as described in IC 35-48-4-4.6) by a
2952	2944		6 retail merchant in a place of business for which the retail
2953	2945		7 merchant has been issued a registered retail merchant's certificate
2954	2946		8 under this chapter.
2955	2947		9 (6) The certificate holder or an officer, a director, a manager, or
2956	2948		10 a partner of the certificate holder has a judgment for a violation
2957	2949		11 of IC 35-48-4-10.5 (before its repeal on July 1, 2019) as an
2958	2950		12 infraction and the violation involved the sale of or the offer to
2959	2951		13 sell, in the normal course of business, a synthetic drug or a
2960	2952		14 synthetic drug lookalike substance by a retail merchant in a place
2961	2953		15 of business for which the retail merchant has been issued a
2962	2954		16 registered retail merchant's certificate under this chapter.
2963	2955		17 (7) The certificate holder or an officer, a director, a manager, or
2964	2956		18 a partner of the certificate holder has been convicted for an
2965	2957		19 offense under IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4.
2966	2958		20 (8) The retail merchant has defaulted on a payment plan for a
2967	2959		21 listed tax that was entered into prior to the date of the most recent
2968	2960		22 renewal of its retail merchant's certificate.
2969	2961		23 The department may revoke a certificate under subdivision (2) before
2970	2962		24 a criminal adjudication or without a criminal charge being filed. If the
2971	2963		25 department gives notice of an intent to revoke based on an alleged
2972	2964		26 violation of subdivision (2), the department shall hold a public hearing
2973	2965		27 to determine whether good cause exists. A person that has a certificate
2974	2966		28 revoked pursuant to subdivision (2), (5), (6), or (7) must wait one (1)
2975	2967		29 year from the date of the revocation before reapplying for a certificate.
2976	2968		30 The department may issue the certificate upon reapplication or hold a
2977	2969		31 hearing to determine whether good cause exists for denying the
2978	2970		32 application for a certificate.
2979	2971		33 (b) The department may revoke a certificate issued under this
2980	2972		34 chapter if, for a period of six (6) months, the certificate holder fails to:
2981	2973		35 (1) file the returns required by IC 6-2.5-6-1; or
2982	2974		36 (2) report the collection of any state gross retail or use tax on the
2983	2975		37 returns filed under IC 6-2.5-6-1.
2984	2976		38 However, the department must give the certificate holder at least five
2985	2977		39 (5) days notice before it revokes the certificate.
2986	2978		40 (c) The department may, for good cause, revoke a certificate issued
2987	2979		41 under this chapter after at least five (5) days notice to the certificate
2988	2980		42 holder if:
2989		-	ES 80—LS 6051/DI 112 70
	2981	+	SB 80—LS 6051/DI 112 70
2990	2982		1 (1) the certificate holder is subject to an innkeeper's tax under
2991	2983		2 IC 6-9; and
2992	2984		3 (2) a board, bureau, or commission established under IC 6-9 files
2993	2985		4 a written statement with the department.
2994	2986		5 (d) The statement filed under subsection (c) must state that:
2995	2987		6 (1) information obtained by the board, bureau, or commission
2996	2988		7 under IC 6-8.1-7-1 indicates that the certificate holder has not
2997	2989		8 complied with IC 6-9; and
2998	2990		9 (2) the board, bureau, or commission has determined that
2999	2991		10 significant harm will result to the county from the certificate
3000	2992		11 holder's failure to comply with IC 6-9.
3001	2993		12 (e) The department may revoke a certificate issued under this
3002	2994		13 chapter after at least five (5) days notice to the certificate holder if:
3003	2995		14 (1) the certificate holder owes taxes, penalties, fines, interest, or
3004	2996		15 costs due under IC 6-1.1 that remain unpaid at least sixty (60)
3005	2997		16 days after the due date under IC 6-1.1; and
3006	2998		17 (2) the treasurer of the county to which the taxes are due requests
3007	2999		18 the department to revoke the certificate.
3008	3000		19 (f) The department shall reinstate a certificate suspended under
3009	3001		20 subsection (e) if the taxes and any penalties due under IC 6-1.1 are paid
3010	3002		21 or the county treasurer requests the department to reinstate the
3011	3003		22 certificate because an agreement for the payment of taxes and any
3012	3004		23 penalties due under IC 6-1.1 has been reached to the satisfaction of the
3013	3005		24 county treasurer.
3014	3006		25 (g) If a person makes a payment for the certificate under this chapter
3015	3007		26 with a check, credit card, debit card, or electronic funds transfer, and
3016	3008		27 the department is unable to obtain payment of the check, credit card,
3017	3009		28 debit card, or electronic funds transfer for its full face amount when the
3018	3010		29 check, credit card, debit card, or electronic funds transfer is presented
3019	3011		30 for payment through normal banking channels, the department shall
3020	3012		31 notify the person by mail that the check, credit card, debit card, or
3021	3013		32 electronic funds transfer was not honored and that the person has five
3022	3014		33 (5) days after the notice is mailed to pay the fee in cash, by certified
3023	3015		34 check, or other guaranteed payment. If the person fails to make the
3024	3016		35 payment within the five (5) day period, the department shall revoke the
3025	3017		36 certificate.
3026	3018		37 SECTION 66. IC 6-3-2-3.1 IS AMENDED TO READ AS
3027	3019		38 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3.1. (a) Except as
3028	3020		39 otherwise provided in subsection (b), income is not exempt from the
3029	3021		40 adjusted gross income tax under section 2.8(1) of this chapter if the
3030	3022		41 income is derived by the exempt organization from an unrelated trade
3031	3023		42 or business, as defined in Section 513 of the Internal Revenue Code.
3032		-	ES 80—LS 6051/DI 112 71
	3024	+	SB 80—LS 6051/DI 112 71
3033	3025		1 (b) This section does not apply to:
3034	3026		2 (1) the United States government;
3035	3027		3 (2) an agency or instrumentality of the United States government;
3036	3028		4 (3) this state;
3037	3029		5 (4) a state agency, as defined in IC 34-6-2-141; IC 34-6-2.1-194;
3038	3030		6 (5) a political subdivision, as defined in IC 34-6-2-110;
3039	3031		7 IC 34-6-2.1-155; or
3040	3032		8 (6) a county solid waste management district or a joint solid waste
3041	3033		9 management district established under IC 13-21 or IC 13-9.5-2
3042	3034		10 (before its repeal).
3043	3035		11 SECTION 67. IC 6-3-4-8, AS AMENDED BY P.L.194-2023,
3044	3036		12 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3045	3037		13 JULY 1, 2025]: Sec. 8. (a) Except as provided in IC 6-3-2-27.5 and
3046	3038		14 subsection (d), every employer making payments of wages subject to
3047	3039		15 tax under this article, regardless of the place where such payment is
3048	3040		16 made, who is required under the provisions of the Internal Revenue
3049	3041		17 Code to withhold, collect, and pay over income tax on wages paid by
3050	3042		18 such employer to such employee, shall, at the time of payment of such
3051	3043		19 wages, deduct and retain therefrom the amount prescribed in
3052	3044		20 withholding instructions issued by the department. The department
3053	3045		21 shall base its withholding instructions on the adjusted gross income tax
3054	3046		22 rate for persons, on the total local income tax rate that the taxpayer is
3055	3047		23 subject to under IC 6-3.6, and on the total amount of exclusions the
3056	3048		24 taxpayer is entitled to under IC 6-3-1-3.5(a)(3) and IC 6-3-1-3.5(a)(4).
3057	3049		25 However, the withholding instructions on the adjusted gross income of
3058	3050		26 a nonresident alien (as defined in Section 7701 of the Internal Revenue
3059	3051		27 Code) are to be based on applying not more than one (1) withholding
3060	3052		28 exclusion, regardless of the total number of exclusions that
3061	3053		29 IC 6-3-1-3.5(a)(3) and IC 6-3-1-3.5(a)(4) permit the taxpayer to apply
3062	3054		30 on the taxpayer's final return for the taxable year. Such employer
3063	3055		31 making payments of any wages:
3064	3056		32 (1) shall be liable to the state of Indiana for the payment of the tax
3065	3057		33 required to be deducted and withheld under this section and shall
3066	3058		34 not be liable to any individual for the amount deducted from the
3067	3059		35 individual's wages and paid over in compliance or intended
3068	3060		36 compliance with this section; and
3069	3061		37 (2) shall make return of and payment to the department monthly
3070	3062		38 of the amount of tax which under this article and IC 6-3.6 the
3071	3063		39 employer is required to withhold.
3072	3064		40 (b) An employer shall pay taxes withheld under subsection (a)
3073	3065		41 during a particular month to the department no later than thirty (30)
3074	3066		42 days after the end of that month. However, in place of monthly
3075		-	ES 80—LS 6051/DI 112 72
	3067	+	SB 80—LS 6051/DI 112 72
3076	3068		1 reporting periods, the department may permit an employer to report and
3077	3069		2 pay the tax for a calendar year reporting period, if the average monthly
3078	3070		3 amount of all tax required to be withheld by the employer in the
3079	3071		4 previous calendar year does not exceed one thousand dollars ($1,000).
3080	3072		5 An employer using a reporting period (other than a monthly reporting
3081	3073		6 period) must file the employer's return and pay the tax for a reporting
3082	3074		7 period no later than the last day of the month immediately following
3083	3075		8 the close of the reporting period.
3084	3076		9 (c) For purposes of determining whether an employee is subject to
3085	3077		10 taxation under IC 6-3.6, an employer is entitled to rely on the statement
3086	3078		11 of an employee as to the employee's county of residence as represented
3087	3079		12 by the statement of address in forms claiming exemptions for purposes
3088	3080		13 of withholding, regardless of when the employee supplied the forms.
3089	3081		14 Every employee shall notify the employee's employer within five (5)
3090	3082		15 days after any change in the employee's county of residence.
3091	3083		16 (d) A county that makes payments of wages subject to tax under this
3092	3084		17 article:
3093	3085		18 (1) to a precinct election officer (as defined in IC 3-5-2-40.1);
3094	3086		19 IC 3-5-2.1-82); and
3095	3087		20 (2) for the performance of the duties of the precinct election
3096	3088		21 officer imposed by IC 3 that are performed on election day;
3097	3089		22 is not required, at the time of payment of the wages, to deduct and
3098	3090		23 retain from the wages the amount prescribed in withholding
3099	3091		24 instructions issued by the department.
3100	3092		25 (e) Every employer shall, at the time of each payment made by the
3101	3093		26 employer to the department, deliver to the department a return upon the
3102	3094		27 form prescribed by the department showing, with regard to wages paid
3103	3095		28 to the employer's employees:
3104	3096		29 (1) the amount of adjusted gross income tax deducted therefrom
3105	3097		30 in accordance with the provisions of this section;
3106	3098		31 (2) the amount of income tax, if any, imposed under IC 6-3.6 and
3107	3099		32 deducted therefrom in accordance with this section; and
3108	3100		33 (3) any other information the department may require.
3109	3101		34 Every employer making a declaration of withholding as provided in this
3110	3102		35 section shall furnish the employer's employees annually, but not later
3111	3103		36 than thirty (30) days after the end of the calendar year, a record of the
3112	3104		37 total amount of adjusted gross income tax and the amount of each
3113	3105		38 income tax, if any, imposed under IC 6-3.6, withheld from the
3114	3106		39 employees, on the forms prescribed by the department. In addition, the
3115	3107		40 employer shall file Form WH-3 annual withholding tax reports with the
3116	3108		41 department not later than thirty-one (31) days after the end of the
3117	3109		42 calendar year.
3118		-	ES 80—LS 6051/DI 112 73
	3110	+	SB 80—LS 6051/DI 112 73
3119	3111		1 (f) All money deducted and withheld by an employer shall
3120	3112		2 immediately upon such deduction be the money of the state, and every
3121	3113		3 employer who deducts and retains any amount of money under the
3122	3114		4 provisions of this article shall hold the same in trust for the state of
3123	3115		5 Indiana and for payment thereof to the department in the manner and
3124	3116		6 at the times provided in this article. Any employer may be required to
3125	3117		7 post a surety bond in the sum the department determines to be
3126	3118		8 appropriate to protect the state with respect to money withheld pursuant
3127	3119		9 to this section.
3128	3120		10 (g) The provisions of IC 6-8.1 relating to additions to tax in case of
3129	3121		11 delinquency and penalties shall apply to employers subject to the
3130	3122		12 provisions of this section, and for these purposes any amount deducted
3131	3123		13 or required to be deducted and remitted to the department under this
3132	3124		14 section shall be considered to be the tax of the employer, and with
3133	3125		15 respect to such amount the employer shall be considered the taxpayer.
3134	3126		16 In the case of a corporate or partnership employer, every officer,
3135	3127		17 employee, or member of such employer, who, as such officer,
3136	3128		18 employee, or member is under a duty to deduct and remit such taxes,
3137	3129		19 shall be personally liable for such taxes, penalties, and interest.
3138	3130		20 (h) Amounts deducted from wages of an employee during any
3139	3131		21 calendar year in accordance with the provisions of this section shall be
3140	3132		22 considered to be in part payment of the tax imposed on such employee
3141	3133		23 for the employee's taxable year which begins in such calendar year, and
3142	3134		24 a return made by the employer under subsection (b) shall be accepted
3143	3135		25 by the department as evidence in favor of the employee of the amount
3144	3136		26 so deducted from the employee's wages. Where the total amount so
3145	3137		27 deducted exceeds the amount of tax on the employee as computed
3146	3138		28 under this article and IC 6-3.6, the department shall, after examining
3147	3139		29 the return or returns filed by the employee in accordance with this
3148	3140		30 article and IC 6-3.6, refund the amount of the excess deduction.
3149	3141		31 However, under rules promulgated by the department, the excess or any
3150	3142		32 part thereof may be applied to any taxes or other claim due from the
3151	3143		33 taxpayer to the state of Indiana or any subdivision thereof. In the event
3152	3144		34 that the excess tax deducted is less than one dollar ($1), no refund shall
3153	3145		35 be made.
3154	3146		36 (i) This section shall in no way relieve any taxpayer from the
3155	3147		37 taxpayer's obligation of filing a return or returns at the time required
3156	3148		38 under this article and IC 6-3.6, and, should the amount withheld under
3157	3149		39 the provisions of this section be insufficient to pay the total tax of such
3158	3150		40 taxpayer, such unpaid tax shall be paid at the time prescribed by
3159	3151		41 section 5 of this chapter.
3160	3152		42 (j) Notwithstanding subsection (b), an employer of a domestic
3161		-	ES 80—LS 6051/DI 112 74
	3153	+	SB 80—LS 6051/DI 112 74
3162	3154		1 service employee that enters into an agreement with the domestic
3163	3155		2 service employee to withhold federal income tax under Section 3402
3164	3156		3 of the Internal Revenue Code may withhold Indiana income tax on the
3165	3157		4 domestic service employee's wages on the employer's Indiana
3166	3158		5 individual income tax return in the same manner as allowed by Section
3167	3159		6 3510 of the Internal Revenue Code.
3168	3160		7 (k) To the extent allowed by Section 1137 of the Social Security
3169	3161		8 Act, an employer of a domestic service employee may report and remit
3170	3162		9 state unemployment insurance contributions on the employee's wages
3171	3163		10 on the employer's Indiana individual income tax return in the same
3172	3164		11 manner as allowed by Section 3510 of the Internal Revenue Code.
3173	3165		12 (l) A person who knowingly fails to remit trust fund money as set
3174	3166		13 forth in this section commits a Level 6 felony.
3175	3167		14 SECTION 68. IC 6-3.5-5-1, AS AMENDED BY P.L.256-2017,
3176	3168		15 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3177	3169		16 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
3178	3170		17 chapter:
3179	3171		18 (1) "Adopting entity" means either the county council or the local
3180	3172		19 income tax council established by IC 6-3.6-3-1 for the county,
3181	3173		20 whichever adopts an ordinance to impose a wheel tax first.
3182	3174		21 (2) "Bus" has the meaning set forth in IC 9-13-2-17.
3183	3175		22 (3) "Commercial vehicle" has the meaning set forth in
3184	3176		23 IC 6-6-5.5-1(b).
3185	3177		24 (4) "County council" includes the city-county council of a county
3186	3178		25 that contains a consolidated city of the first class.
3187	3179		26 (5) "In-state miles" has the meaning set forth in IC 6-6-5.5-1(b).
3188	3180		27 (6) "Political subdivision" has the meaning set forth in
3189	3181		28 IC 34-6-2-110. IC 34-6-2.1-155.
3190	3182		29 (7) "Recreational vehicle" has the meaning set forth in
3191	3183		30 IC 9-13-2-150.
3192	3184		31 (8) "School bus" has the meaning set forth in IC 9-13-2-161(a).
3193	3185		32 (9) "Semitrailer" has the meaning set forth in IC 9-13-2-164(a).
3194	3186		33 (10) "State agency" has the meaning set forth in IC 34-6-2-141.
3195	3187		34 IC 34-6-2.1-194.
3196	3188		35 (11) "Tractor" has the meaning set forth in IC 9-13-2-180.
3197	3189		36 (12) "Trailer" has the meaning set forth in IC 9-13-2-184(a).
3198	3190		37 (13) "Transportation asset management plan" includes planning
3199	3191		38 for drainage systems and rights-of-way that affect transportation
3200	3192		39 assets.
3201	3193		40 (14) "Truck" has the meaning set forth in IC 9-13-2-188(a).
3202	3194		41 (15) "Wheel tax" means the tax imposed under this chapter.
3203	3195		42 SECTION 69. IC 6-3.5-11-1, AS AMENDED BY P.L.86-2018,
3204		-	ES 80—LS 6051/DI 112 75
	3196	+	SB 80—LS 6051/DI 112 75
3205	3197		1 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3206	3198		2 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
3207	3199		3 chapter:
3208	3200		4 (1) "Adopting municipality" means an eligible municipality that
3209	3201		5 has adopted the wheel tax.
3210	3202		6 (2) "Branch office" means a branch office of the bureau of motor
3211	3203		7 vehicles.
3212	3204		8 (3) "Bus" has the meaning set forth in IC 9-13-2-17.
3213	3205		9 (4) "Commercial vehicle" has the meaning set forth in
3214	3206		10 IC 6-6-5.5-1(b).
3215	3207		11 (5) "Department" refers to the department of state revenue.
3216	3208		12 (6) "Eligible municipality" means a municipality having a
3217	3209		13 population of at least five thousand (5,000).
3218	3210		14 (7) "In-state miles" has the meaning set forth in IC 6-6-5.5-1(b).
3219	3211		15 (8) "Political subdivision" has the meaning set forth in
3220	3212		16 IC 34-6-2-110. IC 34-6-2.1-155.
3221	3213		17 (9) "Recreational vehicle" has the meaning set forth in
3222	3214		18 IC 9-13-2-150.
3223	3215		19 (10) "School bus" has the meaning set forth in IC 9-13-2-161(a).
3224	3216		20 (11) "Semitrailer" has the meaning set forth in IC 9-13-2-164(a).
3225	3217		21 (12) "State agency" has the meaning set forth in IC 34-6-2-141.
3226	3218		22 IC 34-6-2.1-194.
3227	3219		23 (13) "Tractor" has the meaning set forth in IC 9-13-2-180.
3228	3220		24 (14) "Trailer" has the meaning set forth in IC 9-13-2-184(a).
3229	3221		25 (15) "Transportation asset management plan" includes planning
3230	3222		26 for drainage systems and rights-of-way that affect transportation
3231	3223		27 assets.
3232	3224		28 (16) "Truck" has the meaning set forth in IC 9-13-2-188(a).
3233	3225		29 (17) "Wheel tax" means the tax imposed under this chapter.
3234	3226		30 SECTION 70. IC 6-7-3-1 IS AMENDED TO READ AS FOLLOWS
3235	3227		31 [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this chapter,
3236	3228		32 "controlled substance" has the meaning set forth in IC 35-48-1-9.
3237	3229		33 IC 35-48-1.1-7.
3238	3230		34 SECTION 71. IC 6-7-3-2 IS AMENDED TO READ AS FOLLOWS
3239	3231		35 [EFFECTIVE JULY 1, 2025]: Sec. 2. As used in this chapter,
3240	3232		36 "delivery" has the meaning set forth in IC 35-48-1-11. IC 35-48-1.1-10.
3241	3233		37 SECTION 72. IC 6-7-3-4 IS AMENDED TO READ AS FOLLOWS
3242	3234		38 [EFFECTIVE JULY 1, 2025]: Sec. 4. As used in this chapter,
3243	3235		39 "manufacture" has the meaning set forth in IC 35-48-1-18.
3244	3236		40 IC 35-48-1.1-28.
3245	3237		41 SECTION 73. IC 6-7-3-4.1 IS AMENDED TO READ AS
3246	3238		42 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4.1. As used in this
3247		-	ES 80—LS 6051/DI 112 76
	3239	+	SB 80—LS 6051/DI 112 76
3248	3240		1 chapter, "marijuana" has the meaning set forth in IC 35-48-1-19.
3249	3241		2 IC 35-48-1.1-29.
3250	3242		3 SECTION 74. IC 6-8.1-16.3-1, AS ADDED BY P.L.147-2018,
3251	3243		4 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3252	3244		5 JULY 1, 2025]: Sec. 1. The following terms are defined for this
3253	3245		6 chapter:
3254	3246		7 (1) "Pilot program" means the department of state revenue pilot
3255	3247		8 program established by section 2 of this chapter.
3256	3248		9 (2) "Public employee" has the meaning set forth in IC 34-6-2-38.
3257	3249		10 IC 34-6-2.1-54.
3258	3250		11 SECTION 75. IC 7.1-5-1-3, AS AMENDED BY P.L.117-2012,
3259	3251		12 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3260	3252		13 JULY 1, 2025]: Sec. 3. (a) Subject to section 6.5 of this chapter, it is a
3261	3253		14 Class B misdemeanor for a person to be in a public place or a place of
3262	3254		15 public resort in a state of intoxication caused by the person's use of
3263	3255		16 alcohol or a controlled substance (as defined in IC 35-48-1-9),
3264	3256		17 IC 35-48-1.1-7), if the person:
3265	3257		18 (1) endangers the person's life;
3266	3258		19 (2) endangers the life of another person;
3267	3259		20 (3) breaches the peace or is in imminent danger of breaching the
3268	3260		21 peace; or
3269	3261		22 (4) harasses, annoys, or alarms another person.
3270	3262		23 (b) A person may not initiate or maintain an action against a law
3271	3263		24 enforcement officer based on the officer's failure to enforce this
3272	3264		25 section.
3273	3265		26 SECTION 76. IC 7.1-5-1-6, AS AMENDED BY P.L.32-2019,
3274	3266		27 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3275	3267		28 JULY 1, 2025]: Sec. 6. (a) Subject to section 6.5 of this chapter, it is a
3276	3268		29 Class C infraction for a person to be, or to become, intoxicated as a
3277	3269		30 result of the person's use of alcohol or a controlled substance (as
3278	3270		31 defined in IC 35-48-1-9) IC 35-48-1.1-7) in or upon a vehicle
3279	3271		32 commonly used for the public transportation of passengers, or in or
3280	3272		33 upon a common carrier, or in or about a depot, station, airport, ticket
3281	3273		34 office, waiting room or platform, if the person:
3282	3274		35 (1) endangers the person's life;
3283	3275		36 (2) endangers the life of another person;
3284	3276		37 (3) breaches the peace or is in imminent danger of breaching the
3285	3277		38 peace; or
3286	3278		39 (4) harasses, annoys, or alarms another person.
3287	3279		40 However, the violation is a Class B misdemeanor if the violation is
3288	3280		41 committed knowingly or intentionally and the person has a prior
3289	3281		42 unrelated adjudication or conviction for a violation of this section
3290		-	ES 80—LS 6051/DI 112 77
	3282	+	SB 80—LS 6051/DI 112 77
3291	3283		1 within the previous five (5) years.
3292	3284		2 (b) A person may not initiate or maintain an action against a law
3293	3285		3 enforcement officer based on the officer's failure to enforce this
3294	3286		4 section.
3295	3287		5 SECTION 77. IC 7.1-5-12-5, AS AMENDED BY P.L.145-2024,
3296	3288		6 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3297	3289		7 JULY 1, 2025]: Sec. 5. (a) Except as provided in subsection (c) and
3298	3290		8 subject to section 13 of this chapter, smoking may be allowed in the
3299	3291		9 following:
3300	3292		10 (1) A horse racing facility operated under a permit under
3301	3293		11 IC 4-31-5 and any other permanent structure on land owned or
3302	3294		12 leased by the owner of the facility that is adjacent to the facility.
3303	3295		13 (2) A riverboat (as defined in IC 4-33-2-17) and any other
3304	3296		14 permanent structure that is:
3305	3297		15 (A) owned or leased by the owner of the riverboat; and
3306	3298		16 (B) located on land that is adjacent to:
3307	3299		17 (i) the dock to which the riverboat is moored; or
3308	3300		18 (ii) the land on which the riverboat is situated in the case of
3309	3301		19 a riverboat described in IC 4-33-2-17(2).
3310	3302		20 (3) A facility that operates under a gambling game license under
3311	3303		21 IC 4-35-5 and any other permanent structure on land owned or
3312	3304		22 leased by the owner of the facility that is adjacent to the facility.
3313	3305		23 (4) A satellite facility licensed under IC 4-31-5.5.
3314	3306		24 (5) An establishment owned or leased by a business that meets the
3315	3307		25 following requirements:
3316	3308		26 (A) The business was in business and permitted smoking on
3317	3309		27 December 31, 2012.
3318	3310		28 (B) The business prohibits entry by an individual who is less
3319	3311		29 than twenty-one (21) years of age.
3320	3312		30 (C) The owner or operator of the business holds a beer, liquor,
3321	3313		31 or wine retailer's permit.
3322	3314		32 (D) The business limits smoking in the establishment to
3323	3315		33 smoking with a waterpipe or hookah device.
3324	3316		34 (E) During the preceding calendar year, at least ten percent
3325	3317		35 (10%) of the business's annual gross income was from the sale
3326	3318		36 of loose tobacco for use in a waterpipe or hookah device.
3327	3319		37 (F) The person in charge of the business posts in the
3328	3320		38 establishment conspicuous signs that display the message that
3329	3321		39 cigarette smoking is prohibited.
3330	3322		40 (6) An establishment owned or leased by a business that meets the
3331	3323		41 following requirements:
3332	3324		42 (A) The business prohibits entry by an individual who is less
3333		-	ES 80—LS 6051/DI 112 78
	3325	+	SB 80—LS 6051/DI 112 78
3334	3326		1 than twenty-one (21) years of age.
3335	3327		2 (B) The owner or operator of the business holds a beer, liquor,
3336	3328		3 or wine retailer's permit.
3337	3329		4 (C) The business limits smoking in the establishment to cigar
3338	3330		5 smoking.
3339	3331		6 (D) During the preceding calendar year, at least ten percent
3340	3332		7 (10%) of the business's annual gross income was from the sale
3341	3333		8 of cigars and the rental of onsite humidors.
3342	3334		9 (E) The person in charge of the business posts in the
3343	3335		10 establishment conspicuous signs that display the message that
3344	3336		11 cigarette smoking is prohibited.
3345	3337		12 (7) A premises owned or leased by and regularly used for the
3346	3338		13 activities of a business that meets all of the following:
3347	3339		14 (A) The business is exempt from federal income taxation
3348	3340		15 under 26 U.S.C. 501(c).
3349	3341		16 (B) The business:
3350	3342		17 (i) meets the requirements to be considered a club under
3351	3343		18 IC 7.1-3-20-1; or
3352	3344		19 (ii) is a fraternal club (as defined in IC 7.1-3-20-7).
3353	3345		20 (C) The business provides food or alcoholic beverages only to
3354	3346		21 its bona fide members and their guests.
3355	3347		22 (D) The business:
3356	3348		23 (i) provides a separate, enclosed, designated smoking room
3357	3349		24 or area that is adequately ventilated to prevent migration of
3358	3350		25 smoke to nonsmoking areas of the premises;
3359	3351		26 (ii) allows smoking only in the room or area described in
3360	3352		27 item (i);
3361	3353		28 (iii) does not allow an individual who is less than twenty-one
3362	3354		29 (21) years of age to enter into the room or area described in
3363	3355		30 item (i); and
3364	3356		31 (iv) allows a guest in the smoking room or area described in
3365	3357		32 item (i) only when accompanied by a bona fide member of
3366	3358		33 the business.
3367	3359		34 (8) A retail tobacco store used primarily for the sale of tobacco
3368	3360		35 products and tobacco accessories that meets the following
3369	3361		36 requirements:
3370	3362		37 (A) The owner or operator of the store holds a valid tobacco
3371	3363		38 sales certificate issued under IC 7.1-3-18.5.
3372	3364		39 (B) The store prohibits entry by an individual who is less than
3373	3365		40 twenty-one (21) years of age.
3374	3366		41 (C) The sale of products other than tobacco products and
3375	3367		42 tobacco accessories is merely incidental.
3376		-	ES 80—LS 6051/DI 112 79
	3368	+	SB 80—LS 6051/DI 112 79
3377	3369		1 (D) The sale of tobacco products accounts for at least
3378	3370		2 eighty-five percent (85%) of the store's annual gross sales.
3379	3371		3 (E) Food or beverages are not sold in a manner that requires
3380	3372		4 consumption on the premises, and there is not an area set aside
3381	3373		5 for customers to consume food or beverages on the premises.
3382	3374		6 (9) A bar or tavern:
3383	3375		7 (A) for which a permittee holds:
3384	3376		8 (i) a beer retailer's permit under IC 7.1-3-4;
3385	3377		9 (ii) a liquor retailer's permit under IC 7.1-3-9; or
3386	3378		10 (iii) a wine retailer's permit under IC 7.1-3-14;
3387	3379		11 (B) that does not employ an individual who is less than
3388	3380		12 eighteen (18) years of age;
3389	3381		13 (C) that does not allow an individual who:
3390	3382		14 (i) is less than twenty-one (21) years of age; and
3391	3383		15 (ii) is not an employee of the bar or tavern;
3392	3384		16 to enter any area of the bar or tavern; and
3393	3385		17 (D) that is not located in a business that would otherwise be
3394	3386		18 subject to this chapter.
3395	3387		19 (10) A cigar manufacturing facility that does not offer retail sales.
3396	3388		20 (11) A premises of a cigar specialty store to which all of the
3397	3389		21 following apply:
3398	3390		22 (A) The owner or operator of the store holds a valid tobacco
3399	3391		23 sales certificate issued under IC 7.1-3-18.5.
3400	3392		24 (B) The sale of tobacco products and tobacco accessories
3401	3393		25 account for at least fifty percent (50%) of the store's annual
3402	3394		26 gross sales.
3403	3395		27 (C) The store has a separate, enclosed, designated smoking
3404	3396		28 room that is adequately ventilated to prevent migration of
3405	3397		29 smoke to nonsmoking areas.
3406	3398		30 (D) Smoking is allowed only in the room described in clause
3407	3399		31 (C).
3408	3400		32 (E) Individuals who are less than twenty-one (21) years of age
3409	3401		33 are prohibited from entering into the room described in clause
3410	3402		34 (C).
3411	3403		35 (F) Cigarette smoking is not allowed on the premises of the
3412	3404		36 store.
3413	3405		37 (G) The owner or operator of the store posts a conspicuous
3414	3406		38 sign on the premises of the store that displays the message that
3415	3407		39 cigarette smoking is prohibited.
3416	3408		40 (H) The store does not prepare any food or beverage that
3417	3409		41 would require a certified food protection manager under
3418	3410		42 IC 16-42-5.2.
3419		-	ES 80—LS 6051/DI 112 80
	3411	+	SB 80—LS 6051/DI 112 80
3420	3412		1 (12) The premises of a business that is located in the business
3421	3413		2 owner's private residence (as defined in IC 3-5-2-42.5)
3422	3414		3 IC 3-5-2.1-90) if the only employees of the business who work in
3423	3415		4 the residence are the owner and other individuals who reside in
3424	3416		5 the residence.
3425	3417		6 (13) That part of a hotel designated as an outside patio or terrace
3426	3418		7 that contains a bar under IC 7.1-3-20-27, to which all of the
3427	3419		8 following apply:
3428	3420		9 (A) The designated smoking area on the outside patio or
3429	3421		10 terrace is delineated from the rest of the outside patio or
3430	3422		11 terrace by a barrier that is at least eighteen (18) inches in
3431	3423		12 height.
3432	3424		13 (B) The designated smoking area is located at least twenty (20)
3433	3425		14 feet from any entrance to the hotel.
3434	3426		15 (C) Individuals less than twenty-one (21) years of age are not
3435	3427		16 allowed in the designated smoking area.
3436	3428		17 (b) The owner, operator, manager, or official in charge of an
3437	3429		18 establishment or premises in which smoking is allowed under this
3438	3430		19 section shall post conspicuous signs in the establishment that read
3439	3431		20 "WARNING: Smoking Is Allowed In This Establishment" or other
3440	3432		21 similar language.
3441	3433		22 (c) This section does not allow smoking in the following enclosed
3442	3434		23 areas of an establishment or premises described in subsection (a)(1)
3443	3435		24 through (a)(11):
3444	3436		25 (1) Any hallway, elevator, or other common area where an
3445	3437		26 individual who is less than twenty-one (21) years of age is
3446	3438		27 permitted.
3447	3439		28 (2) Any room that is intended for use by an individual who is less
3448	3440		29 than twenty-one (21) years of age.
3449	3441		30 (d) The owner, operator, or manager of an establishment or premises
3450	3442		31 that is listed under subsection (a) and that allows smoking shall provide
3451	3443		32 a verified statement to the commission that states that the establishment
3452	3444		33 or premises qualifies for the exemption. The commission may require
3453	3445		34 the owner, operator, or manager of an establishment or premises to
3454	3446		35 provide documentation or additional information concerning the
3455	3447		36 exemption of the establishment or premises.
3456	3448		37 SECTION 78. IC 8-1-2-102, AS AMENDED BY P.L.158-2013,
3457	3449		38 SECTION 131, IS AMENDED TO READ AS FOLLOWS
3458	3450		39 [EFFECTIVE JULY 1, 2025]: Sec. 102. (a) The definitions set forth in
3459	3451		40 IC 3-5-2 IC 3-5-2.1 apply to this section.
3460	3452		41 (b) No public utility, or any agent or officer thereof, or any agent or
3461	3453		42 officer of a political subdivision constituting a public utility, as defined
3462		-	ES 80—LS 6051/DI 112 81
	3454	+	SB 80—LS 6051/DI 112 81
3463	3455		1 in this chapter, may offer or give, for any purpose, to any political
3464	3456		2 committee or any member or employee thereof, candidate for, or
3465	3457		3 incumbent of, any office or position under the constitution or laws of
3466	3458		4 Indiana, or under any political subdivision or to any person, at the
3467	3459		5 request, or for the advantage of, any of them, any frank, privilege, or
3468	3460		6 property withheld from any person for any product or service produced,
3469	3461		7 transmitted, delivered, furnished, or rendered, or to be produced,
3470	3462		8 transmitted, delivered, furnished, or rendered by any public utility or
3471	3463		9 any free product or service.
3472	3464		10 (c) No political committee, or member or employee thereof, or
3473	3465		11 candidate for or incumbent of any office or position under the
3474	3466		12 constitution or laws of Indiana or under any political subdivision may
3475	3467		13 ask for or accept from any public utility, or any agent or officer thereof,
3476	3468		14 or any agent or officer of any political subdivision constituting a public
3477	3469		15 utility, as defined in this chapter, or use, in any matter or for any
3478	3470		16 purpose, any frank or privilege withheld from any person for any
3479	3471		17 product or service produced, transmitted, delivered, furnished, or
3480	3472		18 rendered, or to be produced, transmitted, delivered, furnished, or
3481	3473		19 rendered by any public utility.
3482	3474		20 (d) A person who knowingly violates this section commits a Level
3483	3475		21 6 felony.
3484	3476		22 (e) This chapter does not:
3485	3477		23 (1) prevent any public utility, carrier, or agent or officer thereof,
3486	3478		24 from furnishing free or reduced service or transportation to any
3487	3479		25 bona fide employee or officer thereof;
3488	3480		26 (2) prohibit any carrier from carrying free, or at reduced rates,
3489	3481		27 agricultural experiment and demonstration cars or trains and the
3490	3482		28 lecturers and necessary demonstrators accompanying such trains
3491	3483		29 or cars; or
3492	3484		30 (3) prohibit any carrier from carrying free, or at reduced rates, its
3493	3485		31 furloughed, pensioned, or superannuated employees, persons who
3494	3486		32 have become disabled or infirm in its service, the remains of any
3495	3487		33 person killed in its service, or the unremarried surviving spouses
3496	3488		34 and dependent children under eighteen (18) years of age of
3497	3489		35 persons who died in its service.
3498	3490		36 SECTION 79. IC 8-15.5-13-1, AS ADDED BY P.L.47-2006,
3499	3491		37 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3500	3492		38 JULY 1, 2025]: Sec. 1. The definitions in IC 3-5-2 IC 3-5-2.1 apply to
3501	3493		39 this chapter to the extent they do not conflict with the definitions in this
3502	3494		40 article.
3503	3495		41 SECTION 80. IC 8-15.7-16-1, AS ADDED BY P.L.47-2006,
3504	3496		42 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3505		-	ES 80—LS 6051/DI 112 82
	3497	+	SB 80—LS 6051/DI 112 82
3506	3498		1 JULY 1, 2025]: Sec. 1. The definitions in IC 3-5-2 IC 3-5-2.1 apply to
3507	3499		2 this chapter to the extent they do not conflict with the definitions in this
3508	3500		3 article.
3509	3501		4 SECTION 81. IC 9-13-2-35, AS AMENDED BY P.L.198-2016,
3510	3502		5 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3511	3503		6 JULY 1, 2025]: Sec. 35. "Controlled substance" has the meaning set
3512	3504		7 forth in IC 35-48-1. IC 35-48-1.1.
3513	3505		8 SECTION 82. IC 9-13-2-86, AS AMENDED BY P.L.196-2013,
3514	3506		9 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3515	3507		10 JULY 1, 2025]: Sec. 86. "Intoxicated" means under the influence of:
3516	3508		11 (1) alcohol;
3517	3509		12 (2) a controlled substance (as defined in IC 35-48-1);
3518	3510		13 IC 35-48-1.1);
3519	3511		14 (3) a drug other than alcohol or a controlled substance;
3520	3512		15 (4) a substance described in IC 35-46-6-2 or IC 35-46-6-3;
3521	3513		16 (5) a combination of substances described in subdivisions (1)
3522	3514		17 through (4); or
3523	3515		18 (6) any other substance, not including food and food ingredients
3524	3516		19 (as defined in IC 6-2.5-1-20), tobacco (as defined in
3525	3517		20 IC 6-2.5-1-28), or a dietary supplement (as defined in
3526	3518		21 IC 6-2.5-1-16);
3527	3519		22 so that there is an impaired condition of thought and action and the loss
3528	3520		23 of normal control of a person's faculties.
3529	3521		24 SECTION 83. IC 9-14.1-2-5, AS AMENDED BY P.L.111-2021,
3530	3522		25 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3531	3523		26 JULY 1, 2025]: Sec. 5. (a) This section does not apply to a license
3532	3524		27 branch in a county if there are no precincts in the county in which an
3533	3525		28 election is held on election day.
3534	3526		29 (b) On each general, municipal, primary, and special election day
3535	3527		30 (as defined in IC 3-5-2-18), IC 3-5-2.1-35), all license branches that
3536	3528		31 provide state identification cards must remain open from 6:00 a.m.,
3537	3529		32 local time, to 6:00 p.m., local time, with priority given to issuing
3538	3530		33 driver's licenses and state identification cards under IC 9-24.
3539	3531		34 (c) On the day before each general, municipal, primary, and special
3540	3532		35 election day (as defined in IC 3-5-2-18), IC 3-5-2.1-35), all license
3541	3533		36 branches that provide state identification cards must remain open from
3542	3534		37 8:30 a.m., local time, to 8:00 p.m., local time, with priority given to
3543	3535		38 issuing driver's licenses and state identification cards under IC 9-24.
3544	3536		39 (d) The commission shall:
3545	3537		40 (1) designate another day as time off; or
3546	3538		41 (2) authorize overtime pay;
3547	3539		42 for license branch personnel required to work on an election day.
3548		-	ES 80—LS 6051/DI 112 83
	3540	+	SB 80—LS 6051/DI 112 83
3549	3541		1 SECTION 84. IC 9-24-2.5-4, AS AMENDED BY P.L.71-2019,
3550	3542		2 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3551	3543		3 JULY 1, 2025]: Sec. 4. (a) As required under 52 U.S.C. 20504(e)(1),
3552	3544		4 the manager or designated license branch employee shall transmit an
3553	3545		5 electronic version of the completed voter registration portion of each
3554	3546		6 application for a driver's license or an identification card for nondrivers
3555	3547		7 issued under this article to the county voter registration office of the
3556	3548		8 county in which the individual's residential address (as indicated on the
3557	3549		9 application) is located.
3558	3550		10 (b) The voter registration application shall be transmitted to the
3559	3551		11 county voter registration office in an electronic format and on an
3560	3552		12 expedited basis (as defined by IC 3-5-2-23.2) IC 3-5-2.1-43) using the
3561	3553		13 computerized list established under IC 3-7-26.3.
3562	3554		14 SECTION 85. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
3563	3555		15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3564	3556		16 JULY 1, 2025]: Sec. 1. (a) A person who operates a vehicle with an
3565	3557		17 alcohol concentration equivalent to at least eight-hundredths (0.08)
3566	3558		18 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
3567	3559		19 per:
3568	3560		20 (1) one hundred (100) milliliters of the person's blood; or
3569	3561		21 (2) two hundred ten (210) liters of the person's breath;
3570	3562		22 commits a Class C misdemeanor.
3571	3563		23 (b) A person who operates a vehicle with an alcohol concentration
3572	3564		24 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
3573	3565		25 (1) one hundred (100) milliliters of the person's blood; or
3574	3566		26 (2) two hundred ten (210) liters of the person's breath;
3575	3567		27 commits a Class A misdemeanor.
3576	3568		28 (c) A person who operates a vehicle with a controlled substance
3577	3569		29 listed in schedule I or II of IC 35-48-2 or its metabolite in the person's
3578	3570		30 blood commits a Class C misdemeanor.
3579	3571		31 (d) It is a defense to subsection (c) that:
3580	3572		32 (1) the accused person consumed the controlled substance in
3581	3573		33 accordance with a valid prescription or order of a practitioner (as
3582	3574		34 defined in IC 35-48-1) IC 35-48-1.1) who acted in the course of
3583	3575		35 the practitioner's professional practice; or
3584	3576		36 (2) the:
3585	3577		37 (A) controlled substance is marijuana or a metabolite of
3586	3578		38 marijuana;
3587	3579		39 (B) person was not intoxicated;
3588	3580		40 (C) person did not cause a traffic accident; and
3589	3581		41 (D) substance was identified by means of a chemical test taken
3590	3582		42 pursuant to IC 9-30-7.
3591		-	ES 80—LS 6051/DI 112 84
	3583	+	SB 80—LS 6051/DI 112 84
3592	3584		1 SECTION 86. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
3593	3585		2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3594	3586		3 JULY 1, 2025]: Sec. 4. (a) A person who causes serious bodily injury
3595	3587		4 to another person when operating a vehicle:
3596	3588		5 (1) with an alcohol concentration equivalent to at least
3597	3589		6 eight-hundredths (0.08) gram of alcohol per:
3598	3590		7 (A) one hundred (100) milliliters of the person's blood; or
3599	3591		8 (B) two hundred ten (210) liters of the person's breath;
3600	3592		9 (2) with a controlled substance listed in schedule I or II of
3601	3593		10 IC 35-48-2 or its metabolite in the person's blood; or
3602	3594		11 (3) while intoxicated;
3603	3595		12 commits a Level 5 felony. However, the offense is a Level 4 felony if
3604	3596		13 the person has a previous conviction of operating while intoxicated
3605	3597		14 within the five (5) years preceding the commission of the offense.
3606	3598		15 (b) A person who violates subsection (a) commits a separate offense
3607	3599		16 for each person whose serious bodily injury is caused by the violation
3608	3600		17 of subsection (a).
3609	3601		18 (c) It is a defense under subsection (a)(2) that the accused person
3610	3602		19 consumed the controlled substance in accordance with a valid
3611	3603		20 prescription or order of a practitioner (as defined in IC 35-48-1)
3612	3604		21 IC 35-48-1.1) who acted in the course of the practitioner's professional
3613	3605		22 practice.
3614	3606		23 SECTION 87. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
3615	3607		24 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3616	3608		25 JULY 1, 2025]: Sec. 5. (a) A person who causes the death or
3617	3609		26 catastrophic injury of another person when operating a vehicle:
3618	3610		27 (1) with an alcohol concentration equivalent to at least
3619	3611		28 eight-hundredths (0.08) gram of alcohol per:
3620	3612		29 (A) one hundred (100) milliliters of the person's blood; or
3621	3613		30 (B) two hundred ten (210) liters of the person's breath;
3622	3614		31 (2) with a controlled substance listed in schedule I or II of
3623	3615		32 IC 35-48-2 or its metabolite in the person's blood; or
3624	3616		33 (3) while intoxicated;
3625	3617		34 commits a Level 4 felony.
3626	3618		35 (b) A person who causes the death of a law enforcement animal (as
3627	3619		36 defined in IC 35-46-3-4.5) when operating a vehicle:
3628	3620		37 (1) with an alcohol concentration equivalent to at least
3629	3621		38 eight-hundredths (0.08) gram of alcohol per:
3630	3622		39 (A) one hundred (100) milliliters of the person's blood; or
3631	3623		40 (B) two hundred ten (210) liters of the person's breath; or
3632	3624		41 (2) with a controlled substance listed in schedule I or II of
3633	3625		42 IC 35-48-2 or its metabolite in the person's blood;
3634		-	ES 80—LS 6051/DI 112 85
	3626	+	SB 80—LS 6051/DI 112 85
3635	3627		1 commits a Level 6 felony.
3636	3628		2 (c) A person who commits an offense under subsection (a) or (b)
3637	3629		3 commits a separate offense for each person or law enforcement animal
3638	3630		4 whose death (or catastrophic injury, in the case of a person) is caused
3639	3631		5 by the violation of subsection (a) or (b).
3640	3632		6 (d) It is a defense under subsection (a) or (b) that the person accused
3641	3633		7 of causing the death or catastrophic injury of another person or the
3642	3634		8 death of a law enforcement animal when operating a vehicle with a
3643	3635		9 controlled substance listed in schedule I or II of IC 35-48-2 or its
3644	3636		10 metabolite in the person's blood consumed the controlled substance in
3645	3637		11 accordance with a valid prescription or order of a practitioner (as
3646	3638		12 defined in IC 35-48-1) IC 35-48-1.1) who acted in the course of the
3647	3639		13 practitioner's professional practice.
3648	3640		14 SECTION 88. IC 10-11-2-24 IS AMENDED TO READ AS
3649	3641		15 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 24. (a) Except as
3650	3642		16 provided in subsection (b), a person who has charge of a jail, prison,
3651	3643		17 correctional facility, or other place of detention shall:
3652	3644		18 (1) receive a prisoner arrested by a police employee of the
3653	3645		19 department within the jurisdiction served by the jail; and
3654	3646		20 (2) detain the prisoner in custody until otherwise ordered by a
3655	3647		21 court or by the superintendent.
3656	3648		22 A person who refuses to receive a prisoner or who releases a prisoner
3657	3649		23 except as directed may be removed from office by the governor.
3658	3650		24 (b) A person who has charge of a jail, prison, correctional facility,
3659	3651		25 or other place of detention may not receive or detain a prisoner in
3660	3652		26 custody under subsection (a) until the arresting police employee has
3661	3653		27 had the prisoner examined by a physician or competent medical
3662	3654		28 personnel if the prisoner appears to be:
3663	3655		29 (1) unconscious;
3664	3656		30 (2) suffering from a serious illness;
3665	3657		31 (3) suffering from a serious injury; or
3666	3658		32 (4) seriously impaired by alcohol, a controlled substance (as
3667	3659		33 defined in IC 35-48-1-9), IC 35-48-1.1-7), a drug other than a
3668	3660		34 controlled substance, or a combination of alcohol, a controlled
3669	3661		35 substance, or drugs.
3670	3662		36 (c) Except as provided in subsection (d), the cost of the examination
3671	3663		37 and resulting treatment under subsection (b) is the financial
3672	3664		38 responsibility of the prisoner receiving the examination or treatment.
3673	3665		39 (d) If a prisoner is unable to bear the financial responsibility for the
3674	3666		40 cost of the examination and treatment under subsection (b), the
3675	3667		41 prisoner may apply for indigent medical assistance.
3676	3668		42 SECTION 89. IC 10-11-2-31, AS AMENDED BY P.L.30-2019,
3677		-	ES 80—LS 6051/DI 112 86
	3669	+	SB 80—LS 6051/DI 112 86
3678	3670		1 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3679	3671		2 JULY 1, 2025]: Sec. 31. (a) The following definitions apply throughout
3680	3672		3 this section:
3681	3673		4 (1) "Controlled substance" has the meaning set forth in
3682	3674		5 IC 35-48-1-9. IC 35-48-1.1-7.
3683	3675		6 (2) "Property" has the meaning set forth in IC 5-2-15-3.
3684	3676		7 (b) The superintendent shall adopt:
3685	3677		8 (1) guidelines; and
3686	3678		9 (2) a reporting form or a specified electronic format, or both;
3687	3679		10 for the report by a law enforcement agency under IC 5-2-15-3 of a
3688	3680		11 property used in the illegal manufacture of a controlled substance.
3689	3681		12 (c) The guidelines adopted under this section must require a law
3690	3682		13 enforcement agency to report the existence of a property used in the
3691	3683		14 illegal manufacture of a controlled substance to:
3692	3684		15 (1) the department;
3693	3685		16 (2) the local fire department that serves the area in which the
3694	3686		17 property is located; and
3695	3687		18 (3) the local health department in whose jurisdiction the property
3696	3688		19 is located;
3697	3689		20 on the form or in the specified electronic format adopted by the
3698	3690		21 superintendent.
3699	3691		22 (d) The guidelines adopted under this section:
3700	3692		23 (1) may incorporate a recommendation of the methamphetamine
3701	3693		24 abuse task force (IC 5-2-14, expired June 30, 2007, and repealed)
3702	3694		25 that the superintendent determines to be relevant;
3703	3695		26 (2) may require the department to report the existence of the
3704	3696		27 property to one (1) or more additional agencies or organizations;
3705	3697		28 (3) must require the department to maintain reports filed under
3706	3698		29 IC 5-2-15-3 in a manner permitting an accurate assessment of:
3707	3699		30 (A) the number of properties used in the illegal manufacture
3708	3700		31 of a controlled substance located in Indiana in a specified
3709	3701		32 period;
3710	3702		33 (B) the geographical dispersal of properties used in the illegal
3711	3703		34 manufacture of a controlled substance located in Indiana in a
3712	3704		35 specified period; and
3713	3705		36 (C) any other information that the superintendent determines
3714	3706		37 to be relevant; and
3715	3707		38 (4) must require a law enforcement agency to report any other
3716	3708		39 information that the superintendent determines to be relevant.
3717	3709		40 SECTION 90. IC 10-11-2-31.1, AS AMENDED BY P.L.56-2023,
3718	3710		41 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3719	3711		42 JULY 1, 2025]: Sec. 31.1. (a) The following definitions apply
3720		-	ES 80—LS 6051/DI 112 87
	3712	+	SB 80—LS 6051/DI 112 87
3721	3713		1 throughout this section:
3722	3714		2 (1) "Controlled substance" has the meaning set forth in
3723	3715		3 IC 35-48-1-9. IC 35-48-1.1-7.
3724	3716		4 (2) "Property" has the meaning set forth in section 31.2 of this
3725	3717		5 chapter.
3726	3718		6 (b) The superintendent shall adopt:
3727	3719		7 (1) guidelines; and
3728	3720		8 (2) a reporting form or a specified electronic format, or both;
3729	3721		9 for receiving an approved certificate of cleanup from the Indiana
3730	3722		10 department of health that property used for the illegal manufacture of
3731	3723		11 a controlled substance or polluted by waste from the illegal
3732	3724		12 manufacture of a controlled substance has been certified as
3733	3725		13 decontaminated by a qualified inspector certified under IC 16-19-3.1-1.
3734	3726		14 (c) Guidelines adopted under this section must require that the
3735	3727		15 department remove, in accordance with the time periods described in
3736	3728		16 section 31.2 of this chapter, the decontaminated property from any
3737	3729		17 publicly available list of properties used for the illegal manufacture of
3738	3730		18 a controlled substance compiled or made available by the department.
3739		-	19 SECTION 91. IC 10-11-2-31.2, AS ~~AMENDED~~ BY ~~THE~~
3740		-	20 ~~TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL~~
3741		-	21 ~~ASSEMBLY~~, ~~IS AMENDED TO READ~~ AS ~~FOLLOWS [EFFECTIVE~~
3742		-	22 ~~JULY 1,~~ ~~2025]: Sec.~~ ~~31.2. (a) As used~~ in ~~this section,~~ ~~"controlled~~
3743		-	23 ~~substance" has the meaning set forth~~ in ~~IC 35-48-1-9. IC 35-48-1.1-7.~~
3744		-	24 ~~(b) As used~~ in ~~this section, "property" means a dwelling (as defined~~
3745		-	25 ~~in IC 13-11-2-61.3).~~
3746		-	26 ~~(c) Subject to specific appropriation by the general assembly~~, ~~the~~
3747		-	27 ~~department shall establish,~~ ~~maintain, and operate an Internet web site~~
3748		-	28 a ~~website containing a~~ list of properties ~~that have been used in the~~
3749		-	29 ~~illegal manufacture of~~ a ~~controlled substance.~~ ~~The list of properties~~
3750		-	30 ~~shall be based on information received from a law enforcement agency~~
3751		-	31 ~~under IC 5-2-15-3.~~
3752		-	32 (d) ~~Subject to specific appropriation by~~ the ~~general assembly,~~ ~~and~~
3753		-	33 in ~~accordance with subsection (g),~~ the ~~department shall publish the list~~
3754		-	34 ~~of properties that have been used in the illegal manufacture of~~ a
3755		-	35 controlled substance on an ~~Internet web site a website maintained by~~
3756		-	36 ~~the department.~~ If a ~~controlled substance is manufactured in an~~
3757		-	37 ~~apartment that is a unit of a multi-unit~~ apartment ~~complex, the~~
3758		-	38 ~~department shall publish only~~ the ~~address, including~~ the ~~apartment~~
3759		-	39 ~~number, of~~ the ~~particular apartment in which~~ the ~~controlled substance~~
3760		-	40 ~~was manufactured.~~ ~~The department shall design the web site website~~
3761		-	41 ~~to enable~~ a ~~user to easily determine whether a particular property has~~
3762		-	42 ~~been used as the site of the illegal manufacture of a controlled~~
3763		-	ES 80—LS 6051/DI 112 88
3764		-	1 ~~substance.~~
3765		-	2 (e) The ~~department shall remove a listed~~ property ~~from the web site~~
3766		-	3 ~~website not later than ninety (90) days after the property has been~~
3767		-	4 ~~certified as decontaminated by a qualified inspector certified under~~
3768		-	5 ~~IC 16-19-3.1-1.~~
3769		-	6 ~~(f) If property has been~~ certified ~~as decontaminated by a qualified~~
3770		-	7 ~~inspector certified~~ under ~~IC 16-19-3.1-1 before it is placed on~~ the ~~list~~
3771		-	8 ~~required under subsection (c),~~ the ~~department may not place the~~
3772		-	9 property on the ~~list.~~
3773		-	10 ~~(g)~~ The ~~department may not list~~ a ~~property that has been~~ the site of
3774		-	11 the ~~illegal manufacture of a controlled substance~~ on the ~~web site~~
3775		-	12 ~~website until one hundred eighty (180) days after the date on which the~~
3776		-	13 ~~department receives information from~~ a ~~law enforcement agency that~~
3777		-	14 ~~the property has been the site of the illegal manufacture of a controlled~~
3778		-	15 ~~substance~~.
3779		-	16 SECTION ~~92. IC 10-13-3-7.5,~~ AS ~~AMENDED BY P.L.146-2006,~~
3780		-	17 ~~SECTION 2~~, ~~IS AMENDED TO READ~~ AS ~~FOLLOWS [EFFECTIVE~~
3781		-	18 ~~JULY 1,~~ ~~2025]~~: ~~Sec. 7.5. (a) As used in this chapter, "emergency~~
3782		-	19 ~~placement" means an emergency out-of-home placement~~ of a child by:
3783		-	20 (1) ~~the department of child services established by IC 31-25-1-1~~;
3784		-	21 (2) a ~~law enforcement officer~~;
3785		-	22 (3) a ~~caseworker~~;
3786		-	23 (4) a ~~juvenile probation officer~~; or
3787		-	24 ~~(5)~~ a ~~court;~~
3788		-	25 as a ~~result of exigent circumstances that require immediate placement~~
3789		-	26 ~~with a person other than~~ the ~~child's parent,~~ ~~guardian, or custodian.~~
3790		-	27 ~~(b)~~ The ~~term includes any out-of-home placement for temporary~~
3791		-	28 ~~care and~~ custody of a child ~~at or after~~ the ~~time of initial removal~~ or
3792		-	29 ~~transfer of custody~~ of the ~~child from the child's parent, guardian, or~~
3793		-	30 ~~custodian, as authorized under any of the following:~~
3794		-	31 (1) IC 31-34-2.
3795		-	32 (2) IC 31-34-2.5.
3796		-	33 (3) IC 31-34-4.
3797		-	34 (4) IC 31-~~34-5~~.
3798		-	35 (5) IC 31-37-4.
3799		-	36 (6) IC 31-37-5.
3800		-	37 (7) ~~IC 31-37-6.~~
3801		-	38 ~~(c)~~ The ~~term does not include any proposed or actual change in~~
3802		-	39 ~~location~~ of ~~the child's placement for continuing care and custody after~~
3803		-	40 ~~the~~ court ~~has entered~~ an ~~order at the time of or following a detention~~
3804		-	41 ~~hearing required under IC 31-34-5 or IC 31-37-6, unless a court or an~~
3805		-	42 ~~agency responsible for~~ the ~~child's care and supervision determines that~~
3806		-	ES 80—LS 6051/DI 112 89
3807		-	1 ~~an immediate change in placement is necessary to protect~~ the ~~health or~~
3808		-	2 ~~safety of~~ the ~~child.~~
3809		-	3 ~~(d) The term does~~ not ~~include placement to an entity or~~ in ~~a facility~~
3810		-	4 that is ~~not a residence (as defined in IC 3-5-2-42~~.~~5) IC 3-5-2.1-90) or~~
3811		-	5 ~~that~~ is ~~licensed by the state.~~
3812		-	6 ~~SECTION 93~~. ~~IC 10-13-3-15 IS AMENDED TO READ~~ AS
3813		-	7 ~~FOLLOWS [EFFECTIVE JULY 1~~, ~~2025]: Sec.~~ ~~15. (a) As used~~ in ~~this~~
3814		-	8 ~~chapter, "protective order" has~~ the ~~meaning set forth~~ in ~~IC 5-2-9-2.1.~~
3815		-	9 (b) ~~The term includes a foreign protection order (as defined in~~
3816		-	10 ~~IC 34-6-2-48.5)~~. IC ~~34-6-2~~.~~1-76).~~
3817		-	11 SECTION ~~94. IC 11-13-3-4,~~ AS ~~AMENDED BY THE~~
3818		-	12 ~~TECHNICAL CORRECTIONS BILL OF THE~~ 2025 ~~GENERAL~~
3819		-	13 ~~ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
3820		-	14 ~~JULY 1, 2025]: Sec. 4.~~ (a) ~~A condition to remaining on~~ parole ~~is that~~
3821		-	15 ~~the~~ parolee ~~not commit a crime during the period of parole.~~
3822		-	16 (b) ~~The parole board may also adopt,~~ ~~under IC 4-22-2, additional~~
3823		-	17 ~~conditions~~ to ~~remaining on parole~~ and ~~require a parolee to satisfy one~~
3824		-	18 ~~(1) or more~~ of ~~these conditions~~. ~~These conditions must be reasonably~~
3825		-	19 ~~related to~~ the parolee~~'s successful reintegration into the community and~~
3826		-	20 ~~not unduly restrictive~~ of ~~a fundamental right~~.
3827		-	21 ~~(c) If a person is released on parole, the parolee~~ shall be ~~given a~~
3828		-	22 ~~written statement of~~ the ~~conditions of parole. Signed copies of this~~
3829		-	23 ~~statement shall be:~~
3830		-	24 ~~(1) retained by the parolee;~~
3831		-	25 (2) ~~forwarded to any person charged with~~ the parolee's
3832		-	26 ~~supervision; and~~
3833		-	27 (3) ~~placed in~~ the ~~parolee's master file.~~
3834		-	28 ~~(d) The parole board may modify parole conditions if~~ the parolee
3835		-	29 ~~receives notice~~ of ~~that action and had ten (10) days after receipt of the~~
3836		-	30 ~~notice to express the parolee's views on the proposed modification~~.
3837		-	31 ~~This subsection does not apply to modification~~ of parole ~~conditions~~
3838		-	32 ~~after~~ a ~~revocation proceeding under section 10 of this chapter.~~
3839		-	33 ~~(e) As a condition of parole~~, the parole board ~~may require the~~
3840		-	34 ~~parolee to reside in a particular parole area. In determining a parolee's~~
3841		-	35 residence ~~requirement,~~ the ~~parole board shall:~~
3842		-	36 ~~(1) consider:~~
3843		-	37 (A) ~~the residence of the parolee prior to~~ the parolee's
3844		-	38 ~~incarceration; and~~
3845		-	39 ~~(B)~~ the parolee's ~~place of employment;~~ ~~and~~
3846		-	40 ~~(2) assign~~ the parolee ~~to reside in the county where the parolee~~
3847		-	41 ~~resided prior to~~ the ~~parolee's incarceration unless assignment on~~
3848		-	42 ~~this basis would be detrimental to~~ the ~~parolee's successful~~
3849		-	ES 80—LS 6051/DI 112 90
3850		-	1 ~~reintegration into the community.~~
3851		-	2 (f) As a ~~condition of parole,~~ ~~the parole board may require the~~
3852		-	3 ~~parolee~~ to:
3853		-	4 ~~(1) periodically undergo~~ a ~~laboratory chemical test~~ (as defined in
3854		-	5 IC ~~9-13-2-22~~) ~~or series of tests to detect~~ and ~~confirm the presence~~
3855		-	6 of ~~a controlled substance (as~~ ~~defined in IC 35-48-1-9);~~
3856		-	7 ~~IC 35-48-1~~.~~1-7); and~~
3857		-	8 ~~(2) have~~ the ~~results of~~ any test ~~under this subsection reported to~~
3858		-	9 ~~the~~ parole ~~board by the laboratory.~~
3859		-	10 The ~~parolee is responsible~~ for ~~any charges resulting from~~ a test
3860		-	11 ~~required under this~~ subsection. ~~However, a person's parole may not be~~
3861		-	12 ~~revoked on~~ the ~~basis of the person's inability to pay for a test under this~~
3862		-	13 ~~subsection.~~
3863		-	14 (g) ~~As a condition of parole, the parole board~~:
3864		-	15 (1) ~~may require~~ a ~~parolee who is a~~ sex ~~offender (as defined in~~
3865		-	16 ~~IC 11-8-8-4.5) to:~~
3866		-	17 (A) ~~participate in a treatment program for sex offenders~~
3867		-	18 ~~approved by~~ the ~~parole board; and~~
3868		-	19 (B) ~~avoid contact with any person who is less than sixteen (16)~~
3869		-	20 ~~years of age unless~~ the ~~parolee:~~
3870		-	21 (i) ~~receives the parole board's approval~~; or
3871		-	22 (ii) ~~successfully completes the treatment program referred to~~
3872		-	23 ~~in clause~~ (A)~~; and~~
3873		-	24 (2) ~~shall:~~
3874		-	25 ~~(A) require a parolee who is a sex or violent offender (as~~
3875		-	26 ~~defined in IC 11-8-8-5~~) ~~to register with~~ a ~~local law~~
3876		-	27 ~~enforcement authority under IC 11-8-8;~~
3877		-	28 (B) ~~prohibit a parolee who is a~~ sex ~~offender from residing~~
3878		-	29 ~~within one thousand (1,000) feet of school property (as defined~~
3879		-	30 ~~in IC 35-31.5-2-285~~) ~~for the period~~ of ~~parole, unless the~~ sex
3880		-	31 ~~offender obtains written approval~~ from ~~the parole board;~~
3881		-	32 (C) ~~prohibit a parolee who is a~~ sex offender ~~convicted of a~~ sex
3882		-	33 ~~offense (as~~ ~~defined in~~ IC 35-38-2-2.5~~) from residing within~~
3883		-	34 ~~one~~ (1) ~~mile of the victim of the~~ sex offender~~'s sex offense~~
3884		-	35 ~~unless the sex offender obtains a waiver under IC 35-38-2-2.5;~~
3885		-	36 ~~(D) prohibit a parolee who is a sex offender from owning,~~
3886		-	37 ~~operating, managing,~~ ~~being employed by,~~ ~~or volunteering at~~
3887		-	38 ~~any attraction designed~~ to ~~be primarily enjoyed by children~~
3888		-	39 ~~less than sixteen~~ (16) ~~years~~ of ~~age;~~
3889		-	40 ~~(E) require a parolee who is a sex offender to consent:~~
3890		-	41 (i) to the ~~search of~~ the sex offender's personal ~~computer at~~
3891		-	42 ~~any time;~~ ~~and~~
3892		-	ES 80—LS 6051/DI 112 91
3893		-	1 ~~(ii) to the installation on the sex~~ offender's ~~personal~~
3894		-	2 ~~computer or device with~~ Internet ~~capability, at the sex~~
3895		-	3 ~~offender's expense, of one~~ (1) ~~or more hardware or software~~
3896		-	4 ~~systems to monitor Internet usage;~~ ~~and~~
3897		-	5 ~~(F) prohibit the sex offender from:~~
3898		-	6 ~~(i) accessing or using certain web sites, websites, chat~~
3899		-	7 ~~rooms~~, or ~~instant messaging programs frequented by~~
3900		-	8 ~~children; and~~
3901		-	9 (ii) ~~deleting, erasing, or tampering with information on the~~
3902		-	10 ~~sex offender's personal computer with intent to conceal an~~
3903		-	11 ~~activity prohibited by item (i).~~
3904		-	12 ~~The parole board may not grant~~ a ~~sexually violent predator~~ (~~as defined~~
3905		-	13 ~~in IC 35-38-1-7.5) or a~~ sex offender ~~who is an offender against children~~
3906		-	14 ~~under IC 35-42-4-11 a waiver~~ under subdivision (2)(B) ~~or (2)(C). If~~ the
3907		-	15 ~~parole~~ board ~~allows the sex offender to reside~~ within one thousand
3908		-	16 ~~(1,000) feet~~ of ~~school property under subdivision (2)(B),~~ the ~~parole~~
3909		-	17 ~~board shall notify each school within one thousand~~ (~~1,000~~) ~~feet~~ of the
3910		-	18 sex ~~offender's residence of the order~~.
3911		-	19 ~~(h)~~ The ~~address of the victim of a parolee who is a~~ sex offender
3912		-	20 ~~convicted of a sex offense (as defined in~~ IC 35-38-2-2.5~~) is~~
3913		-	21 ~~confidential~~, ~~even if~~ the ~~sex offender obtains~~ a ~~waiver under~~
3914		-	22 ~~IC 35-38-2-2~~.5.
3915		-	23 (i) As a ~~condition of~~ parole~~, the parole board may require a parolee~~
3916		-	24 ~~to participate in~~ a ~~reentry court program.~~
3917		-	25 ~~(j) This subsection does not apply to~~ a ~~person on lifetime parole. As~~
3918		-	26 a ~~condition of parole, the parole board shall require a parolee who is a~~
3919		-	27 ~~sexually violent predator under~~ IC 35-38-~~1-7~~.5 ~~or who is a sex or~~
3920		-	28 ~~violent offender~~ (~~as defined in IC 11-8-8-5~~) ~~to wear~~ a ~~monitoring~~
3921		-	29 ~~device (as~~ ~~described in IC 35-38-2.5-3) that can transmit information~~
3922		-	30 ~~twenty-four (24) hours each day regarding~~ a ~~person's precise location,~~
3923		-	31 ~~subject to a validated sex offender risk assessment, and subject to the~~
3924		-	32 ~~amount appropriated to the department for a monitoring program~~ as a
3925		-	33 ~~condition~~ of ~~parole.~~
3926		-	34 (k) ~~As a condition~~ of ~~parole,~~ the ~~parole board may prohibit, in~~
3927		-	35 ~~accordance with IC 35-38-2-2.6,~~ a ~~parolee who has been convicted of~~
3928		-	36 ~~stalking from residing within one thousand (1,000) feet of the residence~~
3929		-	37 of ~~the victim of~~ the ~~stalking for~~ a ~~period that does not exceed five (5)~~
3930		-	38 ~~years.~~
3931		-	39 ~~(l) As a condition of parole,~~ the parole board ~~may prohibit~~ a parolee
3932		-	40 convicted of an offense under IC 35-46-3 from ~~owning, harboring,~~ or
3933		-	41 ~~training~~ an ~~animal~~, ~~and, if~~ the parole board ~~prohibits a parolee~~
3934		-	42 ~~convicted of an offense under IC 35-46-3~~ from having direct or indirect
3935		-	ES 80—LS 6051/DI 112 92
3936		-	1 ~~contact with an individual,~~ the ~~parole board may also prohibit the~~
3937		-	2 parolee ~~from having direct or indirect contact with any animal~~
3938		-	3 ~~belonging~~ to ~~the individual.~~
3939		-	4 (m) ~~As a condition of parole, the parole board may require a parolee~~
3940		-	5 ~~to receive:~~
3941		-	6 (1) ~~addiction counseling~~;
3942		-	7 (2) ~~inpatient detoxification~~;
3943		-	8 (3) ~~case management;~~
3944		-	9 ~~(4) daily living skills;~~ ~~and~~
3945		-	10 ~~(5)~~ medication ~~assisted~~ treatment~~, including a federal Food and~~
3946		-	11 ~~Drug Administration approved long acting~~, ~~nonaddictive~~
3947		-	12 ~~medication for~~ the ~~treatment~~ of ~~opioid or alcohol dependence.~~
3948		-	13 ~~(n)~~ A ~~parolee may be responsible for the reasonable expenses, as~~
3949		-	14 ~~determined by the department~~, ~~of the parolee~~'s ~~participation in a~~
3950		-	15 ~~treatment or other~~ program required as a ~~condition of parole under this~~
3951		-	16 section. ~~However, a person's parole may not be revoked solely on the~~
3952		-	17 ~~basis of the person's inability to pay for a program required~~ as a
3953		-	18 ~~condition~~ of ~~parole under this section~~.
3954		-	19 ~~(o) As~~ a ~~condition of parole,~~ ~~the parole board shall prohibit a person~~
3955		-	20 ~~convicted of an animal abuse offense (as defined in~~ IC 35-38-2-2.8)
3956		-	21 ~~from owning~~, ~~harboring, or training a companion animal (~~as ~~defined in~~
3957		-	22 ~~IC 35-38-2-2.8).~~
3958		-	23 ~~SECTION 95~~. ~~IC 12-7-2-~~26.5, ~~AS AMENDED BY P.L.108-2010,~~
3959		-	24 ~~SECTION 3~~, ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
3960		-	25 ~~JULY 1, 2025]: Sec. 26.5. "Chemical test", for purposes of~~
3961		-	26 ~~IC 12-23-14, means an analysis of an individual's:~~
3962		-	27 (1) ~~blood~~;
3963		-	28 (2) ~~breath~~;
3964		-	29 (3) ~~hair~~;
3965		-	30 (4) ~~sweat~~;
3966		-	31 (5) ~~saliva~~;
3967		-	32 ~~(6) urine;~~ or
3968		-	33 (7) ~~other bodily substance;~~
3969		-	34 to ~~determine the presence of alcohol or a controlled substance (~~as
3970		-	35 ~~defined in IC 35-48-~~1~~-9)~~. ~~IC 35-48-1.1-7).~~
3971		-	36 ~~SECTION 96.~~ IC 12-~~7-2-69.5 IS AMENDED TO READ AS~~
3972		-	37 ~~FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 69~~.5. ~~"Domestic~~
3973		-	38 ~~violence", for purposes of~~ IC 12-~~18-8,~~ ~~has the meaning set forth in~~
3974		-	39 ~~IC 34-6-2-34.5~~. ~~IC 34-6-2.1-50.~~
3975		-	40 ~~SECTION 97.~~ IC 12-~~7-2-71 IS AMENDED TO READ~~ AS
3976		-	41 ~~FOLLOWS [EFFECTIVE~~ ~~JULY~~ 1~~, 2025]: Sec~~. 71. ~~"Drug", for~~
3977		-	42 ~~purposes of~~ IC 12-~~23, means a drug or a controlled substance (~~as
3978		-	ES 80—LS 6051/DI 112 93
3979		-	1 ~~defined~~ in ~~IC 35-48-1). IC 35-48-1.1).~~
3980		-	2 ~~SECTION 98.~~ ~~IC 12-18-8-2 IS AMENDED TO READ AS~~
3981		-	3 ~~FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec~~. 2. ~~As used in this~~
3982		-	4 ~~chapter~~, ~~"domestic violence"~~ ~~has the meaning set forth in~~
3983		-	5 ~~IC 34-6-2-34.~~5~~. IC 34-6-2.1-50.~~
3984		-	6 ~~SECTION 99~~. ~~IC 13-11-2-42~~, ~~AS AMENDED BY P.L.192-2005,~~
3985		-	7 ~~SECTION 5~~, ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
3986		-	8 ~~JULY 1~~, ~~2025]: Sec.~~ ~~42. "Contaminant"~~, ~~for purposes of environmental~~
3987		-	9 ~~management laws~~, ~~means any solid, semi-solid, liquid, or gaseous~~
3988		-	10 ~~matter~~, ~~or any odor~~, ~~radioactive material, pollutant~~ (as defined by the
3989		-	11 ~~Federal Water Pollution Control~~ Act (33 U.S.C. ~~1251~~ et seq.), as in
3990		-	12 ~~effect on~~ January 1, 1989), hazardous waste ~~(as~~ ~~defined in the federal~~
3991		-	13 ~~Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), as~~ in ~~effect on~~
3992		-	14 ~~January 1~~, ~~1989), any constituent of a hazardous waste, or any~~
3993		-	15 ~~combination of the items described in this section~~, ~~from whatever~~
3994		-	16 ~~source, that:~~
3995		-	17 ~~(1) is injurious to human health, plant~~ or ~~animal life, or property;~~
3996		-	18 (2) ~~interferes unreasonably with the enjoyment of life or property;~~
3997		-	19 or
3998		-	20 (3) ~~otherwise violates:~~
3999		-	21 (A~~) environmental management laws; or~~
4000		-	22 (B) ~~rules adopted under environmental management laws.~~
4001		-	23 ~~The term includes chemicals used~~ in ~~the illegal manufacture of a~~
4002		-	24 controlled substance ~~(as~~ ~~defined in IC 35-48-1-9) IC 35-48-1.1-7) or~~
4003		-	25 an immediate precursor ~~(as defined in IC 35-48-1-17) IC 35-48-1.1-25)~~
4004		-	26 ~~of a~~ controlled substance~~, and waste produced from the illegal~~
4005		-	27 ~~manufacture of a controlled substance or an immediate precursor of the~~
4006		-	28 ~~controlled substance.~~
4007		-	29 ~~SECTION 100. IC 13-17-15-~~1, AS ~~ADDED BY P.L.181-2018~~,
4008		-	30 ~~SECTION 4~~, ~~IS AMENDED TO READ~~ AS ~~FOLLOWS [EFFECTIVE~~
4009		-	31 ~~JULY 1~~, ~~2025]: Sec. 1.~~ As ~~used~~ in ~~this chapter, "drug" means:~~
4010		-	32 ~~(1) a drug, as defined in~~ IC ~~16-42-19-2; or~~
4011		-	33 ~~(2) a controlled substance, as defined in~~ IC ~~35-48-1-9.~~
4012		-	34 ~~IC 35-48-~~1.~~1-7~~.
4013		-	35 ~~SECTION 101.~~ IC ~~13-20-16-8 IS AMENDED TO READ AS~~
4014		-	36 ~~FOLLOWS [EFFECTIVE~~ ~~JULY 1,~~ ~~2025]: Sec.~~ 8. The state or a
4015		-	37 ~~political subdivision~~ (~~as defined in IC 34-6-2-110~~) ~~IC 34-6-2.1-155)~~
4016		-	38 ~~shall dispose~~ of ~~used lead acid batteries in the state's or political~~
4017		-	39 ~~subdivision's possession by one~~ (1) ~~or more~~ of ~~the following means:~~
4018		-	40 (1) Delivery to a ~~wholesaler or an agent of a wholesaler.~~
4019		-	41 (2) ~~Delivery to a manufacturer of~~ lead acid batteries.
4020		-	42 (3) Delivery to a ~~facility that:~~
4021		-	ES 80—LS 6051/DI 112 94
4022		-	1 ~~(A) recycles used lead acid batteries; or~~
4023		-	2 (B) ~~collects lead acid batteries for~~ delivery to a ~~recycling~~
4024		-	3 ~~facility.~~
4025		-	4 ~~(4) Delivery to a facility operated as a secondary lead smelter~~
4026		-	5 ~~under a valid permit issued~~ by ~~the department or the United States~~
4027		-	6 ~~Environmental Protection Agency.~~
4028		-	7 ~~SECTION 102~~. IC ~~14-19-11-15~~, ~~AS ADDED BY P.L.127-2022,~~
4029		-	8 ~~SECTION 23~~, ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
4030		-	9 ~~JULY 1,~~ ~~2025]: Sec.~~ ~~15. For purposes of~~ IC 34-13-2, IC 34-~~13-3, and~~
4031		-	10 IC ~~34-13-4~~, ~~the executive director and employees of the authority are~~
4032		-	11 ~~public employees (~~as ~~defined in IC 34-6-2-38). IC 34-6-2.1-54).~~
4033		-	12 ~~SECTION 103~~. ~~IC 15-15-12-31, AS ADDED~~ BY ~~P.L.2-2008,~~
4034		-	13 ~~SECTION 6,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
4035		-	14 ~~JULY 1,~~ ~~2025]: Sec. 31. (a) Obligations incurred by~~ the council ~~and~~
4036		-	15 ~~other~~ liabilities ~~and claims against~~ the council ~~may be enforced only~~
4037		-	16 against ~~the assets of the council in the same manner as if the council~~
4038		-	17 ~~were a corporation. Liabilities for~~ the ~~debts or actions of the council~~
4039		-	18 ~~may not arise against:~~
4040		-	19 (1) ~~the state;~~
4041		-	20 (2) a ~~political subdivision (as~~ ~~defined in IC 34-6-2-110);~~
4042		-	21 ~~IC 34-6-2~~.~~1-155); or~~
4043		-	22 (3) ~~a member,~~ ~~an officer, an employee, or an agent~~ of the council
4044		-	23 in ~~an individual capacity.~~
4045		-	24 ~~(b) The members and employees~~ of ~~the council may not be held~~
4046		-	25 ~~responsible individually in any way to any person~~ for ~~errors in~~
4047		-	26 ~~judgment, mistakes,~~ ~~or other acts either~~ of ~~commission or omission, as~~
4048		-	27 ~~principal, agent, or~~ employee~~, except for their own individual acts that~~
4049		-	28 ~~result in~~ the ~~violation~~ of any ~~law~~.
4050		-	29 (c) ~~An employee~~ of the council ~~may~~ not ~~be held responsible~~
4051		-	30 ~~individually for the act or omission of any~~ member of the council.
4052		-	31 ~~(d)~~ Any ~~liability of the members of the council is several and not~~
4053		-	32 ~~joint~~. ~~A member of the council may not be held liable for the default of~~
4054		-	33 ~~any other member.~~
4055		-	34 ~~SECTION 104~~. ~~IC 15-15-13-~~6.5, AS ~~ADDED BY P.L.190-2019~~,
4056		-	35 ~~SECTION 7~~, ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
4057		-	36 ~~JULY 1~~, ~~2025]: Sec. 6.5. As used in this chapter~~, ~~"hemp product"~~
4058		-	37 ~~means a product derived from~~, ~~or made by~~, ~~processing hemp plants or~~
4059		-	38 ~~plant parts including derivatives,~~ ~~extracts, cannabinoids,~~ ~~isomers, acids,~~
4060		-	39 ~~salts, and salts of isomers. However, the term does not include:~~
4061		-	40 (1) ~~smokable hemp (as~~ ~~defined by IC 35~~-~~48-1-26.6);~~
4062		-	41 ~~IC 35-48-1~~.~~1-38~~)~~; or~~
4063		-	42 ~~(2) products that contain a total delta-9-tetrahydrocannabinol~~
4064		-	ES 80—LS 6051/DI 112 95
4065		-	1 ~~concentration of more than three-tenths~~ ~~of one percent (0.3%)~~ by
4066		-	2 ~~weight.~~
4067		-	3 ~~SECTION 105~~. IC ~~15-15-13-19, AS ADDED BY P~~.~~L.190-2019,~~
4068		-	4 ~~SECTION 20,~~ ~~IS AMENDED TO READ~~ AS ~~FOLLOWS [EFFECTIVE~~
4069		-	5 ~~JULY 1, 2025]: Sec. 19. (a) Hemp bud (as defined in~~ IC 35-48-1~~-17.2~~)
4070		-	6 ~~IC 35-48-1~~.~~1-23) and hemp flower (as defined in IC 35-48-1-17.3)~~
4071		-	7 ~~IC 35-48-1.1-24)~~ may ~~be sold only to~~ a ~~processor licensed~~ under ~~this~~
4072		-	8 chapter.
4073		-	9 ~~(b) The state seed commissioner may impose a civil penalty under~~
4074		-	10 section ~~13 of this chapter for a violation of subsection (a).~~
4075		-	11 ~~SECTION 106~~. ~~IC 15-15-13-20, AS ADDED BY P.L.190-2019,~~
4076		-	12 ~~SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
4077		-	13 ~~JULY~~ 1~~, 2025]: Sec. 20. (a~~) A ~~person who knowingly~~ or ~~intentionally~~
4078		-	14 ~~violates:~~
4079		-	15 ~~(1)~~ a ~~term~~, ~~condition, or requirement of a license issued; or~~
4080		-	16 (2) ~~a rule adopted;~~
4081		-	17 ~~under this chapter is subject to a civil penalty, determined by~~ the state
4082		-	18 ~~seed commissioner,~~ ~~not to exceed ten thousand dollars ($10,000) per~~
4083		-	19 ~~violation. The state seed commissioner may also revoke the license of~~
4084		-	20 ~~a person who violates this subsection.~~
4085		-	21 (b) ~~A person who knowingly~~ or ~~intentionally:~~
4086		-	22 (1) ~~grows~~ hemp;
4087		-	23 ~~(2) handles~~ hemp~~; or~~
4088		-	24 (3) ~~sells agricultural hemp seed;~~
4089		-	25 ~~not including smokable hemp (as defined by IC 35-48-1-26~~.~~6),~~
4090		-	26 IC ~~35-48-1.1-38)~~, ~~and is not licensed under this chapter~~, ~~commits a~~
4091		-	27 ~~Class A misdemeanor.~~
4092		-	28 ~~SECTION 107~~. ~~IC 15-18-5-22, AS ADDED~~ BY ~~P.L.2-2008,~~
4093		-	29 ~~SECTION 9,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
4094		-	30 ~~JULY 1,~~ ~~2025]: Sec. 22. (a) Obligations incurred by~~ the board ~~and~~
4095		-	31 ~~other~~ liabilities ~~and claims against~~ the board may ~~be enforced only~~
4096		-	32 against ~~the assets of the board in the same manner as if it were a~~
4097		-	33 ~~corporation. Liabilities for~~ the ~~debts or actions of the board may not~~
4098		-	34 ~~arise against:~~
4099		-	35 (1) ~~the state;~~
4100		-	36 (2) a ~~political subdivision (as~~ ~~defined~~ in ~~IC 34-6-2-110);~~
4101		-	37 ~~IC 34-6-2~~.~~1-155); or~~
4102		-	38 (3) ~~a member,~~ ~~officer, employee, or agent~~ of the board ~~in an~~
4103		-	39 ~~individual capacity.~~
4104		-	40 ~~(b) The members and employees~~ of ~~the board may not be held~~
4105		-	41 ~~responsible individually to any person~~ for ~~errors~~ in ~~judgment, mistakes,~~
4106		-	42 ~~or other acts either~~ of ~~commission or omission, as principal, agent, or~~
4107		-	ES 80—LS 6051/DI 112 96
4108		-	1 employee~~, except for their own individual acts that result in~~ the
4109		-	2 ~~violation~~ of ~~any law~~.
4110		-	3 (c) ~~An employee~~ of the board ~~may~~ not ~~be held responsible~~
4111		-	4 ~~individually for the act or omission of~~ a member of the board.
4112		-	5 ~~(d) Any liability of the members of the board is several and not~~
4113		-	6 ~~joint~~. ~~A member of the board may not be held liable for the default of~~
4114		-	7 ~~another member.~~
4115		-	8 SECTION ~~108. IC 15-20-1-6, AS ADDED BY P.L.2-2008,~~
4116		-	9 SECTION ~~11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
4117		-	10 ~~JULY 1,~~ ~~2025]: Sec.~~ ~~6. An owner of a~~ dog is ~~exempt under section 4 of~~
4118		-	11 ~~this chapter if~~ the ~~dog commits an act described in section 4 of this~~
4119		-	12 ~~chapter during~~ the ~~period that the dog is owned by:~~
4120		-	13 (1) ~~the United States~~;
4121		-	14 (2) ~~an agency of the United States~~; or
4122		-	15 ~~(3) a governmental entity (as defined~~ in ~~IC 34-6-2-49);~~
4123		-	16 ~~IC 34-6-2~~.~~1-77);~~
4124		-	17 ~~and the dog is engaged in assisting the owner or the owner's agent in~~
4125		-	18 ~~the performance of law enforcement or military duties.~~
4126		-	19 ~~SECTION 109~~. ~~IC 16-31-3-14, AS AMENDED BY P.L.170-2022,~~
4127		-	20 ~~SECTION 28,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
4128		-	21 ~~JULY 1,~~ ~~2025]: Sec~~. ~~14. (a) A person holding~~ a certificate or license
4129		-	22 ~~issued~~ under ~~this article must comply with~~ the ~~applicable standards and~~
4130		-	23 ~~rules established under this article.~~ A certificate holder ~~or license~~
4131		-	24 holder ~~is subject to disciplinary sanctions under subsection (b) if the~~
4132		-	25 ~~department of homeland security determines that the certificate holder~~
4133		-	26 or license ~~holder:~~
4134		-	27 ~~(1) engaged in~~ or ~~knowingly cooperated in fraud or material~~
4135		-	28 deception in ~~order to obtain a certificate or license, including~~
4136		-	29 ~~cheating on a certification~~ or ~~licensure examination~~;
4137		-	30 (2) ~~engaged~~ in ~~fraud~~ or ~~material deception in the course of~~
4138		-	31 ~~professional services~~ or ~~activities;~~
4139		-	32 ~~(3) advertised services~~ or ~~goods in a false or misleading manner;~~
4140		-	33 ~~(4) falsified~~ or ~~knowingly allowed another person to falsify~~
4141		-	34 ~~attendance records or certificates of completion of continuing~~
4142		-	35 ~~education courses required under this article or rules adopted~~
4143		-	36 ~~under this article;~~
4144		-	37 ~~(5) is convicted of a crime,~~ ~~if the act that resulted in the~~
4145		-	38 ~~conviction has a direct bearing on determining if the certificate~~
4146		-	39 ~~holder or license holder should be entrusted to provide emergency~~
4147		-	40 ~~medical services;~~
4148		-	41 ~~(6) is convicted~~ of ~~violating IC 9-19-14.5;~~
4149		-	42 ~~(7) fails to comply and maintain compliance with~~ or ~~violates any~~
4150		-	ES 80—LS 6051/DI 112 97
4151		-	1 ~~applicable provision,~~ ~~standard,~~ or ~~other requirement of this article~~
4152		-	2 ~~or rules adopted under this article;~~
4153		-	3 (8) ~~continues to practice if~~ the ~~certificate holder or license holder~~
4154		-	4 ~~becomes unfit to practice due to:~~
4155		-	5 ~~(A) professional incompetence that includes the undertaking~~
4156		-	6 of professional ~~activities that the certificate holder~~ or ~~license~~
4157		-	7 ~~holder is not qualified by training or experience to undertake~~;
4158		-	8 (B) ~~failure to keep abreast of current professional theory~~ or
4159		-	9 ~~practice;~~
4160		-	10 ~~(C) physical or mental disability;~~ or
4161		-	11 ~~(D) addiction to, abuse of,~~ or ~~dependency on alcohol or other~~
4162		-	12 ~~drugs that endanger the public by impairing the certificate~~
4163		-	13 ~~holder's or license holder's ability~~ to ~~practice safely~~;
4164		-	14 (9) ~~engages in a course of lewd~~ or ~~immoral conduct in connection~~
4165		-	15 ~~with the delivery of services~~ to ~~the public;~~
4166		-	16 ~~(10) allows~~ the ~~certificate holder's or license holder's name or a~~
4167		-	17 ~~certificate~~ or ~~license issued under this article to be used in~~
4168		-	18 ~~connection with a person who renders services beyond the scope~~
4169		-	19 ~~of that person's training,~~ ~~experience, or competence;~~
4170		-	20 ~~(11) is subjected to disciplinary action in another state or~~
4171		-	21 ~~jurisdiction on grounds similar to those contained in this chapter.~~
4172		-	22 ~~For purposes of this subdivision, a certified copy of a record of~~
4173		-	23 ~~disciplinary action constitutes prima facie evidence of a~~
4174		-	24 disciplinary ~~action in another jurisdiction~~;
4175		-	25 (12) ~~assists another person in committing an act that would~~
4176		-	26 ~~constitute a ground for disciplinary sanction under this chapter;~~
4177		-	27 (13) ~~allows a certificate or license issued~~ by ~~the commission to~~
4178		-	28 ~~be:~~
4179		-	29 ~~(A) used by another person~~; or
4180		-	30 (B) ~~displayed~~ to ~~the public when~~ the ~~certificate or license is~~
4181		-	31 ~~expired, inactive, invalid, revoked,~~ or ~~suspended; or~~
4182		-	32 ~~(14) fails to notify~~ the ~~department in writing~~ of ~~any misdemeanor~~
4183		-	33 or ~~felony criminal conviction~~, ~~except traffic related misdemeanors~~
4184		-	34 ~~other than operating~~ a ~~motor vehicle under~~ the ~~influence of~~ a ~~drug~~
4185		-	35 ~~or alcohol,~~ ~~within ninety (90) days after~~ the ~~entry of an order or~~
4186		-	36 ~~judgment~~. ~~A certified copy of the order or judgment with a letter~~
4187		-	37 ~~of explanation must be submitted to~~ the department ~~along with the~~
4188		-	38 ~~written notice~~.
4189		-	39 ~~(b)~~ The department of homeland security ~~may issue an order under~~
4190		-	40 ~~IC 4-21.5-3-6~~ to ~~impose one (1) or more of the following~~ sanctions if
4191		-	41 ~~the department of homeland security determines that~~ a ~~certificate~~
4192		-	42 holder or license ~~holder is subject to disciplinary sanctions under~~
4193		-	ES 80—LS 6051/DI 112 98
4194		-	1 ~~subsection~~ (a):
4195		-	2 (1) ~~Revocation~~ of a certificate holder's certificate or license
	3731	+	19 SECTION 91. IC 10-11-2-31.2, AS ADDED BY P.L.30-2019,
	3732	+	20 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	3733	+	21 JULY 1, 2025]: Sec. 31.2. (a) As used in this section, "controlled
	3734	+	22 substance" has the meaning set forth in IC 35-48-1-9. IC 35-48-1.1-7.
	3735	+	23 (b) As used in this section, "property" means a dwelling (as defined
	3736	+	24 in IC 13-11-2-61.3).
	3737	+	25 (c) Subject to specific appropriation by the general assembly, the
	3738	+	26 department shall establish, maintain, and operate an Internet web site
	3739	+	27 a website containing a list of properties that have been used in the
	3740	+	28 illegal manufacture of a controlled substance. The list of properties
	3741	+	29 shall be based on information received from a law enforcement agency
	3742	+	30 under IC 5-2-15-3.
	3743	+	31 (d) Subject to specific appropriation by the general assembly, and
	3744	+	32 in accordance with subsection (g), the department shall publish the list
	3745	+	33 of properties that have been used in the illegal manufacture of a
	3746	+	34 controlled substance on an Internet web site a website maintained by
	3747	+	35 the department. If a controlled substance is manufactured in an
	3748	+	36 apartment that is a unit of a multi-unit apartment complex, the
	3749	+	37 department shall publish only the address, including the apartment
	3750	+	38 number, of the particular apartment in which the controlled substance
	3751	+	39 was manufactured. The department shall design the web site website
	3752	+	40 to enable a user to easily determine whether a particular property has
	3753	+	41 been used as the site of the illegal manufacture of a controlled
	3754	+	42 substance.
	3755	+	SB 80—LS 6051/DI 112 88
	3756	+	1 (e) The department shall remove a listed property from the web site
	3757	+	2 website not later than ninety (90) days after the property has been
	3758	+	3 certified as decontaminated by a qualified inspector certified under
	3759	+	4 IC 16-19-3.1-1.
	3760	+	5 (f) If property has been certified as decontaminated by a qualified
	3761	+	6 inspector certified under IC 16-19-3.1-1 before it is placed on the list
	3762	+	7 required under subsection (c), the department may not place the
	3763	+	8 property on the list.
	3764	+	9 (g) The department may not list a property that has been the site of
	3765	+	10 the illegal manufacture of a controlled substance on the web site
	3766	+	11 website until one hundred eighty (180) days after the date on which the
	3767	+	12 department receives information from a law enforcement agency that
	3768	+	13 the property has been the site of the illegal manufacture of a controlled
	3769	+	14 substance.
	3770	+	15 SECTION 92. IC 10-13-3-7.5, AS AMENDED BY P.L.146-2006,
	3771	+	16 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	3772	+	17 JULY 1, 2025]: Sec. 7.5. (a) As used in this chapter, "emergency
	3773	+	18 placement" means an emergency out-of-home placement of a child by:
	3774	+	19 (1) the department of child services established by IC 31-25-1-1;
	3775	+	20 (2) a law enforcement officer;
	3776	+	21 (3) a caseworker;
	3777	+	22 (4) a juvenile probation officer; or
	3778	+	23 (5) a court;
	3779	+	24 as a result of exigent circumstances that require immediate placement
	3780	+	25 with a person other than the child's parent, guardian, or custodian.
	3781	+	26 (b) The term includes any out-of-home placement for temporary
	3782	+	27 care and custody of a child at or after the time of initial removal or
	3783	+	28 transfer of custody of the child from the child's parent, guardian, or
	3784	+	29 custodian, as authorized under any of the following:
	3785	+	30 (1) IC 31-34-2.
	3786	+	31 (2) IC 31-34-2.5.
	3787	+	32 (3) IC 31-34-4.
	3788	+	33 (4) IC 31-34-5.
	3789	+	34 (5) IC 31-37-4.
	3790	+	35 (6) IC 31-37-5.
	3791	+	36 (7) IC 31-37-6.
	3792	+	37 (c) The term does not include any proposed or actual change in
	3793	+	38 location of the child's placement for continuing care and custody after
	3794	+	39 the court has entered an order at the time of or following a detention
	3795	+	40 hearing required under IC 31-34-5 or IC 31-37-6, unless a court or an
	3796	+	41 agency responsible for the child's care and supervision determines that
	3797	+	42 an immediate change in placement is necessary to protect the health or
	3798	+	SB 80—LS 6051/DI 112 89
	3799	+	1 safety of the child.
	3800	+	2 (d) The term does not include placement to an entity or in a facility
	3801	+	3 that is not a residence (as defined in IC 3-5-2-42.5) IC 3-5-2.1-90) or
	3802	+	4 that is licensed by the state.
	3803	+	5 SECTION 93. IC 10-13-3-15 IS AMENDED TO READ AS
	3804	+	6 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) As used in this
	3805	+	7 chapter, "protective order" has the meaning set forth in IC 5-2-9-2.1.
	3806	+	8 (b) The term includes a foreign protection order (as defined in
	3807	+	9 IC 34-6-2-48.5). IC 34-6-2.1-76).
	3808	+	10 SECTION 94. IC 11-13-3-4, AS AMENDED BY P.L.45-2022,
	3809	+	11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	3810	+	12 JULY 1, 2025]: Sec. 4. (a) A condition to remaining on parole is that
	3811	+	13 the parolee not commit a crime during the period of parole.
	3812	+	14 (b) The parole board may also adopt, under IC 4-22-2, additional
	3813	+	15 conditions to remaining on parole and require a parolee to satisfy one
	3814	+	16 (1) or more of these conditions. These conditions must be reasonably
	3815	+	17 related to the parolee's successful reintegration into the community and
	3816	+	18 not unduly restrictive of a fundamental right.
	3817	+	19 (c) If a person is released on parole, the parolee shall be given a
	3818	+	20 written statement of the conditions of parole. Signed copies of this
	3819	+	21 statement shall be:
	3820	+	22 (1) retained by the parolee;
	3821	+	23 (2) forwarded to any person charged with the parolee's
	3822	+	24 supervision; and
	3823	+	25 (3) placed in the parolee's master file.
	3824	+	26 (d) The parole board may modify parole conditions if the parolee
	3825	+	27 receives notice of that action and had ten (10) days after receipt of the
	3826	+	28 notice to express the parolee's views on the proposed modification.
	3827	+	29 This subsection does not apply to modification of parole conditions
	3828	+	30 after a revocation proceeding under section 10 of this chapter.
	3829	+	31 (e) As a condition of parole, the parole board may require the
	3830	+	32 parolee to reside in a particular parole area. In determining a parolee's
	3831	+	33 residence requirement, the parole board shall:
	3832	+	34 (1) consider:
	3833	+	35 (A) the residence of the parolee prior to the parolee's
	3834	+	36 incarceration; and
	3835	+	37 (B) the parolee's place of employment; and
	3836	+	38 (2) assign the parolee to reside in the county where the parolee
	3837	+	39 resided prior to the parolee's incarceration unless assignment on
	3838	+	40 this basis would be detrimental to the parolee's successful
	3839	+	41 reintegration into the community.
	3840	+	42 (f) As a condition of parole, the parole board may require the
	3841	+	SB 80—LS 6051/DI 112 90
	3842	+	1 parolee to:
	3843	+	2 (1) periodically undergo a laboratory chemical test (as defined in
	3844	+	3 IC 9-13-2-22) or series of tests to detect and confirm the presence
	3845	+	4 of a controlled substance (as defined in IC 35-48-1-9);
	3846	+	5 IC 35-48-1.1-7); and
	3847	+	6 (2) have the results of any test under this subsection reported to
	3848	+	7 the parole board by the laboratory.
	3849	+	8 The parolee is responsible for any charges resulting from a test
	3850	+	9 required under this subsection. However, a person's parole may not be
	3851	+	10 revoked on the basis of the person's inability to pay for a test under this
	3852	+	11 subsection.
	3853	+	12 (g) As a condition of parole, the parole board:
	3854	+	13 (1) may require a parolee who is a sex offender (as defined in
	3855	+	14 IC 11-8-8-4.5) to:
	3856	+	15 (A) participate in a treatment program for sex offenders
	3857	+	16 approved by the parole board; and
	3858	+	17 (B) avoid contact with any person who is less than sixteen (16)
	3859	+	18 years of age unless the parolee:
	3860	+	19 (i) receives the parole board's approval; or
	3861	+	20 (ii) successfully completes the treatment program referred to
	3862	+	21 in clause (A); and
	3863	+	22 (2) shall:
	3864	+	23 (A) require a parolee who is a sex or violent offender (as
	3865	+	24 defined in IC 11-8-8-5) to register with a local law
	3866	+	25 enforcement authority under IC 11-8-8;
	3867	+	26 (B) prohibit a parolee who is a sex offender from residing
	3868	+	27 within one thousand (1,000) feet of school property (as defined
	3869	+	28 in IC 35-31.5-2-285) for the period of parole, unless the sex
	3870	+	29 offender obtains written approval from the parole board;
	3871	+	30 (C) prohibit a parolee who is a sex offender convicted of a sex
	3872	+	31 offense (as defined in IC 35-38-2-2.5) from residing within
	3873	+	32 one (1) mile of the victim of the sex offender's sex offense
	3874	+	33 unless the sex offender obtains a waiver under IC 35-38-2-2.5;
	3875	+	34 (D) prohibit a parolee who is a sex offender from owning,
	3876	+	35 operating, managing, being employed by, or volunteering at
	3877	+	36 any attraction designed to be primarily enjoyed by children
	3878	+	37 less than sixteen (16) years of age;
	3879	+	38 (E) require a parolee who is a sex offender to consent:
	3880	+	39 (i) to the search of the sex offender's personal computer at
	3881	+	40 any time; and
	3882	+	41 (ii) to the installation on the sex offender's personal
	3883	+	42 computer or device with Internet capability, at the sex
	3884	+	SB 80—LS 6051/DI 112 91
	3885	+	1 offender's expense, of one (1) or more hardware or software
	3886	+	2 systems to monitor Internet usage; and
	3887	+	3 (F) prohibit the sex offender from:
	3888	+	4 (i) accessing or using certain web sites, websites, chat
	3889	+	5 rooms, or instant messaging programs frequented by
	3890	+	6 children; and
	3891	+	7 (ii) deleting, erasing, or tampering with information on the
	3892	+	8 sex offender's personal computer with intent to conceal an
	3893	+	9 activity prohibited by item (i).
	3894	+	10 The parole board may not grant a sexually violent predator (as defined
	3895	+	11 in IC 35-38-1-7.5) or a sex offender who is an offender against children
	3896	+	12 under IC 35-42-4-11 a waiver under subdivision (2)(B) or (2)(C). If the
	3897	+	13 parole board allows the sex offender to reside within one thousand
	3898	+	14 (1,000) feet of school property under subdivision (2)(B), the parole
	3899	+	15 board shall notify each school within one thousand (1,000) feet of the
	3900	+	16 sex offender's residence of the order.
	3901	+	17 (h) The address of the victim of a parolee who is a sex offender
	3902	+	18 convicted of a sex offense (as defined in IC 35-38-2-2.5) is
	3903	+	19 confidential, even if the sex offender obtains a waiver under
	3904	+	20 IC 35-38-2-2.5.
	3905	+	21 (i) As a condition of parole, the parole board may require a parolee
	3906	+	22 to participate in a reentry court program.
	3907	+	23 (j) This subsection does not apply to a person on lifetime parole. As
	3908	+	24 a condition of parole, the parole board shall require a parolee who is a
	3909	+	25 sexually violent predator under IC 35-38-1-7.5 or who is a sex or
	3910	+	26 violent offender (as defined in IC 11-8-8-5) to wear a monitoring
	3911	+	27 device (as described in IC 35-38-2.5-3) that can transmit information
	3912	+	28 twenty-four (24) hours each day regarding a person's precise location,
	3913	+	29 subject to a validated sex offender risk assessment, and subject to the
	3914	+	30 amount appropriated to the department for a monitoring program as a
	3915	+	31 condition of parole.
	3916	+	32 (k) As a condition of parole, the parole board may prohibit, in
	3917	+	33 accordance with IC 35-38-2-2.6, a parolee who has been convicted of
	3918	+	34 stalking from residing within one thousand (1,000) feet of the residence
	3919	+	35 of the victim of the stalking for a period that does not exceed five (5)
	3920	+	36 years.
	3921	+	37 (l) As a condition of parole, the parole board may prohibit a parolee
	3922	+	38 convicted of an offense under IC 35-46-3 from owning, harboring, or
	3923	+	39 training an animal, and, if the parole board prohibits a parolee
	3924	+	40 convicted of an offense under IC 35-46-3 from having direct or indirect
	3925	+	41 contact with an individual, the parole board may also prohibit the
	3926	+	42 parolee from having direct or indirect contact with any animal
	3927	+	SB 80—LS 6051/DI 112 92
	3928	+	1 belonging to the individual.
	3929	+	2 (m) As a condition of parole, the parole board may require a parolee
	3930	+	3 to receive:
	3931	+	4 (1) addiction counseling;
	3932	+	5 (2) inpatient detoxification;
	3933	+	6 (3) case management;
	3934	+	7 (4) daily living skills; and
	3935	+	8 (5) medication assisted treatment, including a federal Food and
	3936	+	9 Drug Administration approved long acting, nonaddictive
	3937	+	10 medication for the treatment of opioid or alcohol dependence.
	3938	+	11 (n) A parolee may be responsible for the reasonable expenses, as
	3939	+	12 determined by the department, of the parolee's participation in a
	3940	+	13 treatment or other program required as a condition of parole under this
	3941	+	14 section. However, a person's parole may not be revoked solely on the
	3942	+	15 basis of the person's inability to pay for a program required as a
	3943	+	16 condition of parole under this section.
	3944	+	17 (o) As a condition of parole, the parole board shall prohibit a person
	3945	+	18 convicted of an animal abuse offense (as defined in IC 35-38-2-2.8)
	3946	+	19 from owning, harboring, or training a companion animal (as defined in
	3947	+	20 IC 35-38-2-2.8).
	3948	+	21 SECTION 95. IC 12-7-2-26.5, AS AMENDED BY P.L.108-2010,
	3949	+	22 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	3950	+	23 JULY 1, 2025]: Sec. 26.5. "Chemical test", for purposes of
	3951	+	24 IC 12-23-14, means an analysis of an individual's:
	3952	+	25 (1) blood;
	3953	+	26 (2) breath;
	3954	+	27 (3) hair;
	3955	+	28 (4) sweat;
	3956	+	29 (5) saliva;
	3957	+	30 (6) urine; or
	3958	+	31 (7) other bodily substance;
	3959	+	32 to determine the presence of alcohol or a controlled substance (as
	3960	+	33 defined in IC 35-48-1-9). IC 35-48-1.1-7).
	3961	+	34 SECTION 96. IC 12-7-2-69.5 IS AMENDED TO READ AS
	3962	+	35 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 69.5. "Domestic
	3963	+	36 violence", for purposes of IC 12-18-8, has the meaning set forth in
	3964	+	37 IC 34-6-2-34.5. IC 34-6-2.1-50.
	3965	+	38 SECTION 97. IC 12-7-2-71 IS AMENDED TO READ AS
	3966	+	39 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 71. "Drug", for
	3967	+	40 purposes of IC 12-23, means a drug or a controlled substance (as
	3968	+	41 defined in IC 35-48-1). IC 35-48-1.1).
	3969	+	42 SECTION 98. IC 12-18-8-2 IS AMENDED TO READ AS
	3970	+	SB 80—LS 6051/DI 112 93
	3971	+	1 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. As used in this
	3972	+	2 chapter, "domestic violence" has the meaning set forth in
	3973	+	3 IC 34-6-2-34.5. IC 34-6-2.1-50.
	3974	+	4 SECTION 99. IC 13-11-2-42, AS AMENDED BY P.L.192-2005,
	3975	+	5 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	3976	+	6 JULY 1, 2025]: Sec. 42. "Contaminant", for purposes of environmental
	3977	+	7 management laws, means any solid, semi-solid, liquid, or gaseous
	3978	+	8 matter, or any odor, radioactive material, pollutant (as defined by the
	3979	+	9 Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as in
	3980	+	10 effect on January 1, 1989), hazardous waste (as defined in the federal
	3981	+	11 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), as in effect on
	3982	+	12 January 1, 1989), any constituent of a hazardous waste, or any
	3983	+	13 combination of the items described in this section, from whatever
	3984	+	14 source, that:
	3985	+	15 (1) is injurious to human health, plant or animal life, or property;
	3986	+	16 (2) interferes unreasonably with the enjoyment of life or property;
	3987	+	17 or
	3988	+	18 (3) otherwise violates:
	3989	+	19 (A) environmental management laws; or
	3990	+	20 (B) rules adopted under environmental management laws.
	3991	+	21 The term includes chemicals used in the illegal manufacture of a
	3992	+	22 controlled substance (as defined in IC 35-48-1-9) IC 35-48-1.1-7) or
	3993	+	23 an immediate precursor (as defined in IC 35-48-1-17) IC 35-48-1.1-25)
	3994	+	24 of a controlled substance, and waste produced from the illegal
	3995	+	25 manufacture of a controlled substance or an immediate precursor of the
	3996	+	26 controlled substance.
	3997	+	27 SECTION 100. IC 13-17-15-1, AS ADDED BY P.L.181-2018,
	3998	+	28 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	3999	+	29 JULY 1, 2025]: Sec. 1. As used in this chapter, "drug" means:
	4000	+	30 (1) a drug, as defined in IC 16-42-19-2; or
	4001	+	31 (2) a controlled substance, as defined in IC 35-48-1-9.
	4002	+	32 IC 35-48-1.1-7.
	4003	+	33 SECTION 101. IC 13-20-16-8 IS AMENDED TO READ AS
	4004	+	34 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. The state or a
	4005	+	35 political subdivision (as defined in IC 34-6-2-110) IC 34-6-2.1-155)
	4006	+	36 shall dispose of used lead acid batteries in the state's or political
	4007	+	37 subdivision's possession by one (1) or more of the following means:
	4008	+	38 (1) Delivery to a wholesaler or an agent of a wholesaler.
	4009	+	39 (2) Delivery to a manufacturer of lead acid batteries.
	4010	+	40 (3) Delivery to a facility that:
	4011	+	41 (A) recycles used lead acid batteries; or
	4012	+	42 (B) collects lead acid batteries for delivery to a recycling
	4013	+	SB 80—LS 6051/DI 112 94
	4014	+	1 facility.
	4015	+	2 (4) Delivery to a facility operated as a secondary lead smelter
	4016	+	3 under a valid permit issued by the department or the United States
	4017	+	4 Environmental Protection Agency.
	4018	+	5 SECTION 102. IC 14-19-11-15, AS ADDED BY P.L.127-2022,
	4019	+	6 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	4020	+	7 JULY 1, 2025]: Sec. 15. For purposes of IC 34-13-2, IC 34-13-3, and
	4021	+	8 IC 34-13-4, the executive director and employees of the authority are
	4022	+	9 public employees (as defined in IC 34-6-2-38). IC 34-6-2.1-54).
	4023	+	10 SECTION 103. IC 15-15-12-31, AS ADDED BY P.L.2-2008,
	4024	+	11 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	4025	+	12 JULY 1, 2025]: Sec. 31. (a) Obligations incurred by the council and
	4026	+	13 other liabilities and claims against the council may be enforced only
	4027	+	14 against the assets of the council in the same manner as if the council
	4028	+	15 were a corporation. Liabilities for the debts or actions of the council
	4029	+	16 may not arise against:
	4030	+	17 (1) the state;
	4031	+	18 (2) a political subdivision (as defined in IC 34-6-2-110);
	4032	+	19 IC 34-6-2.1-155); or
	4033	+	20 (3) a member, an officer, an employee, or an agent of the council
	4034	+	21 in an individual capacity.
	4035	+	22 (b) The members and employees of the council may not be held
	4036	+	23 responsible individually in any way to any person for errors in
	4037	+	24 judgment, mistakes, or other acts either of commission or omission, as
	4038	+	25 principal, agent, or employee, except for their own individual acts that
	4039	+	26 result in the violation of any law.
	4040	+	27 (c) An employee of the council may not be held responsible
	4041	+	28 individually for the act or omission of any member of the council.
	4042	+	29 (d) Any liability of the members of the council is several and not
	4043	+	30 joint. A member of the council may not be held liable for the default of
	4044	+	31 any other member.
	4045	+	32 SECTION 104. IC 15-15-13-6.5, AS ADDED BY P.L.190-2019,
	4046	+	33 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	4047	+	34 JULY 1, 2025]: Sec. 6.5. As used in this chapter, "hemp product"
	4048	+	35 means a product derived from, or made by, processing hemp plants or
	4049	+	36 plant parts including derivatives, extracts, cannabinoids, isomers, acids,
	4050	+	37 salts, and salts of isomers. However, the term does not include:
	4051	+	38 (1) smokable hemp (as defined by IC 35-48-1-26.6);
	4052	+	39 IC 35-48-1.1-38); or
	4053	+	40 (2) products that contain a total delta-9-tetrahydrocannabinol
	4054	+	41 concentration of more than three-tenths of one percent (0.3%) by
	4055	+	42 weight.
	4056	+	SB 80—LS 6051/DI 112 95
	4057	+	1 SECTION 105. IC 15-15-13-19, AS ADDED BY P.L.190-2019,
	4058	+	2 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	4059	+	3 JULY 1, 2025]: Sec. 19. (a) Hemp bud (as defined in IC 35-48-1-17.2)
	4060	+	4 IC 35-48-1.1-23) and hemp flower (as defined in IC 35-48-1-17.3)
	4061	+	5 IC 35-48-1.1-24) may be sold only to a processor licensed under this
	4062	+	6 chapter.
	4063	+	7 (b) The state seed commissioner may impose a civil penalty under
	4064	+	8 section 13 of this chapter for a violation of subsection (a).
	4065	+	9 SECTION 106. IC 15-15-13-20, AS ADDED BY P.L.190-2019,
	4066	+	10 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	4067	+	11 JULY 1, 2025]: Sec. 20. (a) A person who knowingly or intentionally
	4068	+	12 violates:
	4069	+	13 (1) a term, condition, or requirement of a license issued; or
	4070	+	14 (2) a rule adopted;
	4071	+	15 under this chapter is subject to a civil penalty, determined by the state
	4072	+	16 seed commissioner, not to exceed ten thousand dollars ($10,000) per
	4073	+	17 violation. The state seed commissioner may also revoke the license of
	4074	+	18 a person who violates this subsection.
	4075	+	19 (b) A person who knowingly or intentionally:
	4076	+	20 (1) grows hemp;
	4077	+	21 (2) handles hemp; or
	4078	+	22 (3) sells agricultural hemp seed;
	4079	+	23 not including smokable hemp (as defined by IC 35-48-1-26.6),
	4080	+	24 IC 35-48-1.1-38), and is not licensed under this chapter, commits a
	4081	+	25 Class A misdemeanor.
	4082	+	26 SECTION 107. IC 15-18-5-22, AS ADDED BY P.L.2-2008,
	4083	+	27 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	4084	+	28 JULY 1, 2025]: Sec. 22. (a) Obligations incurred by the board and
	4085	+	29 other liabilities and claims against the board may be enforced only
	4086	+	30 against the assets of the board in the same manner as if it were a
	4087	+	31 corporation. Liabilities for the debts or actions of the board may not
	4088	+	32 arise against:
	4089	+	33 (1) the state;
	4090	+	34 (2) a political subdivision (as defined in IC 34-6-2-110);
	4091	+	35 IC 34-6-2.1-155); or
	4092	+	36 (3) a member, officer, employee, or agent of the board in an
	4093	+	37 individual capacity.
	4094	+	38 (b) The members and employees of the board may not be held
	4095	+	39 responsible individually to any person for errors in judgment, mistakes,
	4096	+	40 or other acts either of commission or omission, as principal, agent, or
	4097	+	41 employee, except for their own individual acts that result in the
	4098	+	42 violation of any law.
	4099	+	SB 80—LS 6051/DI 112 96
	4100	+	1 (c) An employee of the board may not be held responsible
	4101	+	2 individually for the act or omission of a member of the board.
	4102	+	3 (d) Any liability of the members of the board is several and not
	4103	+	4 joint. A member of the board may not be held liable for the default of
	4104	+	5 another member.
	4105	+	6 SECTION 108. IC 15-20-1-6, AS ADDED BY P.L.2-2008,
	4106	+	7 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	4107	+	8 JULY 1, 2025]: Sec. 6. An owner of a dog is exempt under section 4 of
	4108	+	9 this chapter if the dog commits an act described in section 4 of this
	4109	+	10 chapter during the period that the dog is owned by:
	4110	+	11 (1) the United States;
	4111	+	12 (2) an agency of the United States; or
	4112	+	13 (3) a governmental entity (as defined in IC 34-6-2-49);
	4113	+	14 IC 34-6-2.1-77);
	4114	+	15 and the dog is engaged in assisting the owner or the owner's agent in
	4115	+	16 the performance of law enforcement or military duties.
	4116	+	17 SECTION 109. IC 16-31-3-14, AS AMENDED BY P.L.170-2022,
	4117	+	18 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	4118	+	19 JULY 1, 2025]: Sec. 14. (a) A person holding a certificate or license
	4119	+	20 issued under this article must comply with the applicable standards and
	4120	+	21 rules established under this article. A certificate holder or license
	4121	+	22 holder is subject to disciplinary sanctions under subsection (b) if the
	4122	+	23 department of homeland security determines that the certificate holder
	4123	+	24 or license holder:
	4124	+	25 (1) engaged in or knowingly cooperated in fraud or material
	4125	+	26 deception in order to obtain a certificate or license, including
	4126	+	27 cheating on a certification or licensure examination;
	4127	+	28 (2) engaged in fraud or material deception in the course of
	4128	+	29 professional services or activities;
	4129	+	30 (3) advertised services or goods in a false or misleading manner;
	4130	+	31 (4) falsified or knowingly allowed another person to falsify
	4131	+	32 attendance records or certificates of completion of continuing
	4132	+	33 education courses required under this article or rules adopted
	4133	+	34 under this article;
	4134	+	35 (5) is convicted of a crime, if the act that resulted in the
	4135	+	36 conviction has a direct bearing on determining if the certificate
	4136	+	37 holder or license holder should be entrusted to provide emergency
	4137	+	38 medical services;
	4138	+	39 (6) is convicted of violating IC 9-19-14.5;
	4139	+	40 (7) fails to comply and maintain compliance with or violates any
	4140	+	41 applicable provision, standard, or other requirement of this article
	4141	+	42 or rules adopted under this article;
	4142	+	SB 80—LS 6051/DI 112 97
	4143	+	1 (8) continues to practice if the certificate holder or license holder
	4144	+	2 becomes unfit to practice due to:
	4145	+	3 (A) professional incompetence that includes the undertaking
	4146	+	4 of professional activities that the certificate holder or license
	4147	+	5 holder is not qualified by training or experience to undertake;
	4148	+	6 (B) failure to keep abreast of current professional theory or
	4149	+	7 practice;
	4150	+	8 (C) physical or mental disability; or
	4151	+	9 (D) addiction to, abuse of, or dependency on alcohol or other
	4152	+	10 drugs that endanger the public by impairing the certificate
	4153	+	11 holder's or license holder's ability to practice safely;
	4154	+	12 (9) engages in a course of lewd or immoral conduct in connection
	4155	+	13 with the delivery of services to the public;
	4156	+	14 (10) allows the certificate holder's or license holder's name or a
	4157	+	15 certificate or license issued under this article to be used in
	4158	+	16 connection with a person who renders services beyond the scope
	4159	+	17 of that person's training, experience, or competence;
	4160	+	18 (11) is subjected to disciplinary action in another state or
	4161	+	19 jurisdiction on grounds similar to those contained in this chapter.
	4162	+	20 For purposes of this subdivision, a certified copy of a record of
	4163	+	21 disciplinary action constitutes prima facie evidence of a
	4164	+	22 disciplinary action in another jurisdiction;
	4165	+	23 (12) assists another person in committing an act that would
	4166	+	24 constitute a ground for disciplinary sanction under this chapter;
	4167	+	25 (13) allows a certificate or license issued by the commission to
	4168	+	26 be:
	4169	+	27 (A) used by another person; or
	4170	+	28 (B) displayed to the public when the certificate or license is
	4171	+	29 expired, inactive, invalid, revoked, or suspended; or
	4172	+	30 (14) fails to notify the department in writing of any misdemeanor
	4173	+	31 or felony criminal conviction, except traffic related misdemeanors
	4174	+	32 other than operating a motor vehicle under the influence of a drug
	4175	+	33 or alcohol, within ninety (90) days after the entry of an order or
	4176	+	34 judgment. A certified copy of the order or judgment with a letter
	4177	+	35 of explanation must be submitted to the department along with the
	4178	+	36 written notice.
	4179	+	37 (b) The department of homeland security may issue an order under
	4180	+	38 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
	4181	+	39 the department of homeland security determines that a certificate
	4182	+	40 holder or license holder is subject to disciplinary sanctions under
	4183	+	41 subsection (a):
	4184	+	42 (1) Revocation of a certificate holder's certificate or license
	4185	+	SB 80—LS 6051/DI 112 98
	4186	+	1 holder's license for a period not to exceed seven (7) years.
	4187	+	2 (2) Suspension of a certificate holder's certificate or license
4196	4188		3 holder's license for a period not to exceed seven (7) years.
4197		-	4 (2) Suspension of a certificate holder's certificate or license
4198		-	5 holder's license for a period not to exceed seven (7) years.
4199		-	6 (3) Censure of a certificate holder or license holder.
4200		-	7 (4) Issuance of a letter of reprimand.
4201		-	8 (5) Assessment of a civil penalty against the certificate holder or
4202		-	9 license holder in accordance with the following:
4203		-	10 (A) The civil penalty may not exceed five hundred dollars
4204		-	11 ($500) per day per violation.
4205		-	12 (B) If the certificate holder or license holder fails to pay the
4206		-	13 civil penalty within the time specified by the department of
4207		-	14 homeland security, the department of homeland security may
4208		-	15 suspend the certificate holder's certificate or license holder's
4209		-	16 license without additional proceedings.
4210		-	17 (6) Placement of a certificate holder or license holder on
4211		-	18 probation status and requirement of the certificate holder or
4212		-	19 license holder to:
4213		-	20 (A) report regularly to the department of homeland security
4214		-	21 upon the matters that are the basis of probation;
4215		-	22 (B) limit practice to those areas prescribed by the department
4216		-	23 of homeland security;
4217		-	24 (C) continue or renew professional education approved by the
4218		-	25 department of homeland security until a satisfactory degree of
4219		-	26 skill has been attained in those areas that are the basis of the
4220		-	27 probation; or
4221		-	28 (D) perform or refrain from performing any acts, including
4222		-	29 community restitution or service without compensation, that
4223		-	30 the department of homeland security considers appropriate to
4224		-	31 the public interest or to the rehabilitation or treatment of the
4225		-	32 certificate holder or license holder.
4226		-	33 The department of homeland security may withdraw or modify
4227		-	34 this probation if the department of homeland security finds after
4228		-	35 a hearing that the deficiency that required disciplinary action is
4229		-	36 remedied or that changed circumstances warrant a modification
4230		-	37 of the order.
4231		-	38 (c) If an applicant or a certificate holder or license holder has
4232		-	39 engaged in or knowingly cooperated in fraud or material deception to
4233		-	40 obtain a certificate or license, including cheating on the certification or
4234		-	41 licensure examination, the department of homeland security may
4235		-	42 rescind the certificate or license if it has been granted, void the
4236		-	ES 80—LS 6051/DI 112 99
4237		-	1 examination or other fraudulent or deceptive material, and prohibit the
4238		-	2 applicant from reapplying for the certificate or license for a length of
4239		-	3 time established by the department of homeland security.
4240		-	4 (d) The department of homeland security may deny certification or
4241		-	5 licensure to an applicant who would be subject to disciplinary sanctions
4242		-	6 under subsection (b) if that person were a certificate holder or license
4243		-	7 holder, has had disciplinary action taken against the applicant or the
4244		-	8 applicant's certificate or license to practice in another state or
4245		-	9 jurisdiction, or has practiced without a certificate or license in violation
4246		-	10 of the law. A certified copy of the record of disciplinary action is
4247		-	11 conclusive evidence of the other jurisdiction's disciplinary action.
4248		-	12 (e) The department of homeland security may order a certificate
4249		-	13 holder or license holder to submit to a reasonable physical or mental
4250		-	14 examination if the certificate holder's or license holder's physical or
4251		-	15 mental capacity to practice safely and competently is at issue in a
4252		-	16 disciplinary proceeding. Failure to comply with a department of
4253		-	17 homeland security order to submit to a physical or mental examination
4254		-	18 makes a certificate holder or license holder liable to temporary
4255		-	19 suspension under subsection (i).
4256		-	20 (f) Except as provided under subsection (a), subsection (g), and
4257		-	21 section 14.5 of this chapter, a certificate or license may not be denied,
4258		-	22 revoked, or suspended because the applicant, certificate holder, or
4259		-	23 license holder has been convicted of an offense. The acts from which
4260		-	24 the applicant's, certificate holder's, or license holder's conviction
4261		-	25 resulted may be considered as to whether the applicant or certificate
4262		-	26 holder or license holder should be entrusted to serve the public in a
4263		-	27 specific capacity.
4264		-	28 (g) The department of homeland security may deny, suspend, or
4265		-	29 revoke a certificate or license issued under this article if the individual
4266		-	30 who holds or is applying for the certificate or license is convicted of
4267		-	31 any of the following:
4268		-	32 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
4269		-	33 (2) Possession of methamphetamine under IC 35-48-4-6.1.
4270		-	34 (3) Possession of a controlled substance under IC 35-48-4-7(a).
4271		-	35 (4) Fraudulently obtaining a controlled substance under
4272		-	36 IC 35-48-4-7(c).
4273		-	37 (5) Manufacture of paraphernalia as a Class D felony (for a crime
4274		-	38 committed before July 1, 2014) or Level 6 felony (for a crime
4275		-	39 committed after June 30, 2014) under IC 35-48-4-8.1(b).
4276		-	40 (6) Dealing in paraphernalia as a Class D felony (for a crime
4277		-	41 committed before July 1, 2014) or Level 6 felony (for a crime
4278		-	42 committed after June 30, 2014) under IC 35-48-4-8.5(b).
4279		-	ES 80—LS 6051/DI 112 100
4280		-	1 (7) Possession of paraphernalia as a Class D felony (for a crime
4281		-	2 committed before July 1, 2014) or Level 6 felony (for a crime
4282		-	3 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
4283		-	4 its amendment on July 1, 2015).
4284		-	5 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
4285		-	6 D felony (for a crime committed before July 1, 2014) or Level 6
4286		-	7 felony (for a crime committed after June 30, 2014) under
4287		-	8 IC 35-48-4-11.
4288		-	9 (9) A felony offense under IC 35-48-4 involving:
4289		-	10 (A) possession of a synthetic drug (as defined in
4290		-	11 IC 35-31.5-2-321);
4291		-	12 (B) possession of a synthetic drug lookalike substance (as
4292		-	13 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
4293		-	14 2019)) as a:
4294		-	15 (i) Class D felony (for a crime committed before July 1,
4295		-	16 2014); or
4296		-	17 (ii) Level 6 felony (for a crime committed after June 30,
4297		-	18 2014);
4298		-	19 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
4299		-	20 (C) possession of a controlled substance analog (as defined in
4300		-	21 IC 35-48-1-9.3). IC 35-48-1.1-8).
4301		-	22 (10) Maintaining a common nuisance under IC 35-48-4-13
4302		-	23 (repealed) or IC 35-45-1-5, if the common nuisance involves a
4303		-	24 controlled substance.
4304		-	25 (11) An offense relating to registration, labeling, and prescription
4305		-	26 forms under IC 35-48-4-14.
4306		-	27 (h) A decision of the department of homeland security under
4307		-	28 subsections (b) through (g) may be appealed to the commission under
4308		-	29 IC 4-21.5-3-7.
4309		-	30 (i) The department of homeland security may temporarily suspend
4310		-	31 a certificate holder's certificate or license holder's license under
4311		-	32 IC 4-21.5-4 before a final adjudication or during the appeals process if
4312		-	33 the department of homeland security finds that a certificate holder or
4313		-	34 license holder would represent a clear and immediate danger to the
4314		-	35 public's health, safety, or property if the certificate holder or license
4315		-	36 holder were allowed to continue to practice.
4316		-	37 (j) On receipt of a complaint or information alleging that a person
4317		-	38 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
4318		-	39 or is engaging in a practice that is subject to disciplinary sanctions
4319		-	40 under this chapter, the department of homeland security must initiate
4320		-	41 an investigation against the person.
4321		-	42 (k) The department of homeland security shall conduct a factfinding
4322		-	ES 80—LS 6051/DI 112 101
4323		-	1 investigation as the department of homeland security considers proper
4324		-	2 in relation to the complaint.
4325		-	3 (l) The department of homeland security may reinstate a certificate
4326		-	4 or license that has been suspended under this section if the department
4327		-	5 of homeland security is satisfied that the applicant is able to practice
4328		-	6 with reasonable skill, competency, and safety to the public. As a
4329		-	7 condition of reinstatement, the department of homeland security may
4330		-	8 impose disciplinary or corrective measures authorized under this
4331		-	9 chapter.
4332		-	10 (m) The department of homeland security may not reinstate a
4333		-	11 certificate or license that has been revoked under this chapter.
4334		-	12 (n) The department of homeland security must be consistent in the
4335		-	13 application of sanctions authorized in this chapter. Significant
4336		-	14 departures from prior decisions involving similar conduct must be
4337		-	15 explained in the department of homeland security's findings or orders.
4338		-	16 (o) A certificate holder may not surrender the certificate holder's
4339		-	17 certificate, and a license holder may not surrender the license holder's
4340		-	18 license, without the written approval of the department of homeland
4341		-	19 security, and the department of homeland security may impose any
4342		-	20 conditions appropriate to the surrender or reinstatement of a
4343		-	21 surrendered certificate or license.
4344		-	22 (p) For purposes of this section, "certificate holder" means a person
4345		-	23 who holds:
4346		-	24 (1) an unlimited certificate;
4347		-	25 (2) a limited or probationary certificate; or
4348		-	26 (3) an inactive certificate.
4349		-	27 (q) For purposes of this section, "license holder" means a person
4350		-	28 who holds:
4351		-	29 (1) an unlimited license;
4352		-	30 (2) a limited or probationary license; or
4353		-	31 (3) an inactive license.
4354		-	32 SECTION 110. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
4355		-	33 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4356		-	34 JULY 1, 2025]: Sec. 14.5. The department of homeland security may
4357		-	35 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
4358		-	36 certification or licensure or permanently revoke a certificate or license
4359		-	37 under procedures provided by section 14 of this chapter if the
4360		-	38 individual who holds the certificate or license issued under this title is
4361		-	39 convicted of any of the following:
4362		-	40 (1) Dealing in a controlled substance resulting in death under
4363		-	41 IC 35-42-1-1.5.
4364		-	42 (2) Dealing in or manufacturing cocaine or a narcotic drug under
4365		-	ES 80—LS 6051/DI 112 102
4366		-	1 IC 35-48-4-1.
4367		-	2 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
4368		-	3 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
4369		-	4 (5) Dealing in a schedule I, II, or III controlled substance under
4370		-	5 IC 35-48-4-2.
4371		-	6 (6) Dealing in a schedule IV controlled substance under
4372		-	7 IC 35-48-4-3.
4373		-	8 (7) Dealing in a schedule V controlled substance under
4374		-	9 IC 35-48-4-4.
4375		-	10 (8) Dealing in a substance represented to be a controlled
4376		-	11 substance under IC 35-48-4-4.5 (repealed).
4377		-	12 (9) Knowingly or intentionally manufacturing, advertising,
4378		-	13 distributing, or possessing with intent to manufacture, advertise,
4379		-	14 or distribute a substance represented to be a controlled substance
4380		-	15 under IC 35-48-4-4.6.
4381		-	16 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
4382		-	17 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
4383		-	18 under IC 35-48-4-10.
4384		-	19 (12) An offense under IC 35-48-4 involving the manufacture or
4385		-	20 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
4386		-	21 synthetic drug lookalike substance (as defined in
4387		-	22 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
4388		-	23 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
4389		-	24 substance analog (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8),
4390		-	25 or a substance represented to be a controlled substance (as
4391		-	26 described in IC 35-48-4-4.6).
4392		-	27 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
4393		-	28 SECTION 111. IC 16-41-11-10 IS AMENDED TO READ AS
4394		-	29 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) This section
4395		-	30 does not apply to a medical review panel created under IC 34-18-10 (or
4396		-	31 IC 27-12-10 before its repeal) or a peer review committee (as defined
4397		-	32 in IC 34-6-2-99). IC 34-6-2.1-145).
4398		-	33 (b) The state department may authorize by rule expert review panels
4399		-	34 to provide confidential consultation and advice to health care workers
4400		-	35 who are:
4401		-	36 (1) infected with the human immunodeficiency virus (HIV); or
4402		-	37 (2) infected with the hepatitis-B virus (HBV) and are hepatitis-Be
4403		-	38 antigen (HBeAg) positive.
4404		-	39 (c) All proceedings and communications of an authorized expert
4405		-	40 review panel are confidential and privileged communications.
4406		-	41 (d) A member or a member of the staff of an authorized expert
4407		-	42 review panel is immune from any civil liability for any act, statement,
4408		-	ES 80—LS 6051/DI 112 103
4409		-	1 determination, or recommendation made in good faith in the scope of
4410		-	2 the panel's duties.
4411		-	3 SECTION 112. IC 16-42-21-1 IS AMENDED TO READ AS
4412		-	4 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this
4413		-	5 chapter, "controlled substance" has the meaning set forth in IC 35-48-1.
4414		-	6 IC 35-48-1.1.
4415		-	7 SECTION 113. IC 16-42-27-2, AS AMENDED BY P.L.36-2023,
4416		-	8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4417		-	9 JULY 1, 2025]: Sec. 2. (a) A prescriber may, directly or by standing
4418		-	10 order, prescribe or dispense an overdose intervention drug without
4419		-	11 examining the individual to whom it may be administered if all of the
4420		-	12 following conditions are met:
4421		-	13 (1) The overdose intervention drug is dispensed or prescribed to:
4422		-	14 (A) a person at risk of experiencing an opioid-related
4423		-	15 overdose; or
4424		-	16 (B) a family member, a friend, or any other individual or entity
4425		-	17 in a position to assist an individual who, there is reason to
4426		-	18 believe, is at risk of experiencing an opioid-related overdose.
4427		-	19 (2) The prescriber instructs the individual receiving the overdose
4428		-	20 intervention drug or prescription to summon emergency services
4429		-	21 either immediately before or immediately after administering the
4430		-	22 overdose intervention drug to an individual experiencing an
4431		-	23 opioid-related overdose.
4432		-	24 (3) The prescriber provides education and training on drug
4433		-	25 overdose response and treatment, including the administration of
4434		-	26 an overdose intervention drug.
4435		-	27 (4) The prescriber provides drug addiction treatment information
4436		-	28 and referrals to drug treatment programs, including programs in
4437		-	29 the local area and programs that offer medication assisted
4438		-	30 treatment that includes a federal Food and Drug Administration
4439		-	31 approved long acting, nonaddictive medication for the treatment
4440		-	32 of opioid or alcohol dependence.
4441		-	33 (b) A prescriber may provide a prescription of an overdose
4442		-	34 intervention drug to an individual as a part of the individual's addiction
4443		-	35 treatment plan.
4444		-	36 (c) An individual described in subsection (a)(1) may administer an
4445		-	37 overdose intervention drug to an individual who is suffering from an
4446		-	38 overdose.
4447		-	39 (d) An individual described in subsection (a)(1) may not be
4448		-	40 considered to be practicing medicine without a license in violation of
4449		-	41 IC 25-22.5-8-2, if the individual, acting in good faith, does the
4450		-	42 following:
4451		-	ES 80—LS 6051/DI 112 104
4452		-	1 (1) Obtains the overdose intervention drug from a prescriber or
4453		-	2 entity acting under a standing order issued by a prescriber.
4454		-	3 (2) Administers the overdose intervention drug to an individual
4455		-	4 who is experiencing an apparent opioid-related overdose.
4456		-	5 (3) Attempts to summon emergency services either immediately
4457		-	6 before or immediately after administering the overdose
4458		-	7 intervention drug.
4459		-	8 (e) An entity acting under a standing order issued by a prescriber
4460		-	9 must do the following:
4461		-	10 (1) Annually register with either the:
4462		-	11 (A) state department; or
4463		-	12 (B) local health department in the county where services will
4464		-	13 be provided by the entity;
4465		-	14 in a manner prescribed by the state department.
4466		-	15 (2) Provide education and training on drug overdose response and
4467		-	16 treatment, including the administration of an overdose
4468		-	17 intervention drug.
4469		-	18 (3) Provide drug addiction treatment information and referrals to
4470		-	19 drug treatment programs, including programs in the local area and
4471		-	20 programs that offer medication assisted treatment that includes a
4472		-	21 federal Food and Drug Administration approved long acting,
4473		-	22 nonaddictive medication for the treatment of opioid or alcohol
4474		-	23 dependence.
4475		-	24 (4) Submit an annual report to the state department containing:
4476		-	25 (A) the number of sales of the overdose intervention drug
4477		-	26 dispensed;
4478		-	27 (B) the dates of sale of the overdose intervention drug
4479		-	28 dispensed; and
4480		-	29 (C) any additional information requested by the state
4481		-	30 department.
4482		-	31 (f) The state department shall ensure that a statewide standing order
4483		-	32 for the dispensing of an overdose intervention drug in Indiana is issued
4484		-	33 under this section. The state health commissioner or a designated
4485		-	34 public health authority who is a licensed prescriber may, as part of the
4486		-	35 individual's official capacity, issue a statewide standing order that may
4487		-	36 be used for the dispensing of an overdose intervention drug under this
4488		-	37 section. A statewide standing order issued under this section must
4489		-	38 allow for choice in the:
4490		-	39 (1) purchasing;
4491		-	40 (2) dispensing; and
4492		-	41 (3) distributing;
4493		-	42 of any formulation or dosage of a naloxone product that is approved by
4494		-	ES 80—LS 6051/DI 112 105
4495		-	1 the federal Food and Drug Administration. The immunity provided in
4496		-	2 IC 34-13-3-3 applies to an individual described in this subsection.
4497		-	3 (g) A law enforcement officer may not take an individual into
4498		-	4 custody based solely on the commission of an offense described in
4499		-	5 subsection (h), if the law enforcement officer, after making a
4500		-	6 reasonable determination and considering the facts and surrounding
4501		-	7 circumstances, reasonably believes that the individual:
4502		-	8 (1) obtained the overdose intervention drug as described in
4503		-	9 subsection (a)(1);
4504		-	10 (2) complied with the provisions in subsection (d);
4505		-	11 (3) administered an overdose intervention drug to an individual
4506		-	12 who appeared to be experiencing an opioid-related overdose;
4507		-	13 (4) provided:
4508		-	14 (A) the individual's full name; and
4509		-	15 (B) any other relevant information requested by the law
4510		-	16 enforcement officer;
4511		-	17 (5) remained at the scene with the individual who reasonably
4512		-	18 appeared to be in need of medical assistance until emergency
4513		-	19 medical assistance arrived;
4514		-	20 (6) cooperated with emergency medical assistance personnel and
4515		-	21 law enforcement officers at the scene; and
4516		-	22 (7) came into contact with law enforcement because the
4517		-	23 individual requested emergency medical assistance for another
4518		-	24 individual who appeared to be experiencing an opioid-related
4519		-	25 overdose.
4520		-	26 (h) An individual who meets the criteria in subsection (g) is immune
4521		-	27 from criminal prosecution for the following:
4522		-	28 (1) IC 35-48-4-6 (possession of cocaine).
4523		-	29 (2) IC 35-48-4-6.1 (possession of methamphetamine).
4524		-	30 (3) IC 35-48-4-7 (possession of a controlled substance).
4525		-	31 (4) IC 35-48-4-8.3 (possession of paraphernalia).
4526		-	32 (5) IC 35-48-4-11 (possession of marijuana).
4527		-	33 (6) An offense under IC 35-48-4 involving possession of a
4528		-	34 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
4529		-	35 controlled substance analog (as defined in IC 35-48-1-9.3),
4530		-	36 IC 35-48-1.1-8), or possession of a substance represented to be
4531		-	37 a controlled substance (as described in IC 35-48-4-4.6).
4532		-	38 SECTION 114. IC 20-23-4-44, AS AMENDED BY P.L.104-2022,
4533		-	39 SECTION 120, IS AMENDED TO READ AS FOLLOWS
4534		-	40 [EFFECTIVE JULY 1, 2025]: Sec. 44. (a) This section applies only to
4535		-	41 a school corporation with territory in a county having a population of
4536		-	42 more than one hundred eighty-five thousand (185,000) and less than
4537		-	ES 80—LS 6051/DI 112 106
4538		-	1 two hundred thousand (200,000).
4539		-	2 (b) This section applies if there is a:
4540		-	3 (1) tie vote in an election for a member of the governing body of
4541		-	4 a school corporation; or
4542		-	5 (2) vacancy on the governing body of a school corporation.
4543		-	6 (c) Notwithstanding any other law, if a tie vote occurs among any of
4544		-	7 the candidates for the governing body or a vacancy occurs on the
4545		-	8 governing body, the remaining members of the governing body, even
4546		-	9 if the remaining members do not constitute a majority of the governing
4547		-	10 body, shall by a majority vote of the remaining members:
4548		-	11 (1) select one (1) of the candidates who shall be declared and
4549		-	12 certified elected; or
4550		-	13 (2) fill the vacancy by appointing an individual to fill the vacancy.
4551		-	14 (d) An individual appointed to fill a vacancy under subsection
4552		-	15 (c)(2):
4553		-	16 (1) must satisfy all the qualifications required of a member of the
4554		-	17 governing body; and
4555		-	18 (2) shall fill the remainder of the unexpired term of the vacating
4556		-	19 member.
4557		-	20 (e) If a tie vote occurs among the remaining members of the
4558		-	21 governing body or the governing body fails to act within thirty (30)
4559		-	22 days after the election or the vacancy occurs, the fiscal body (as
4560		-	23 defined in IC 3-5-2-25) IC 3-5-2.1-48) of the township in which the
4561		-	24 greatest percentage of population of the school district resides shall
4562		-	25 break the tie or make the appointment. A member of the fiscal body
4563		-	26 who was a candidate and is involved in a tie vote may not cast a vote
4564		-	27 under this subsection.
4565		-	28 (f) If the fiscal body of a township is required to act under this
4566		-	29 section and a vote in the fiscal body results in a tie, the deciding vote
4567		-	30 to break the tie vote shall be cast by the executive.
4568		-	31 SECTION 115. IC 20-26-4-4.5, AS AMENDED BY P.L.233-2015,
4569		-	32 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4570		-	33 JULY 1, 2025]: Sec. 4.5. (a) The definitions in IC 3-5-2 IC 3-5-2.1
4571		-	34 apply to this section.
4572		-	35 (b) If a vacancy in a school board office exists because of the death
4573		-	36 of a school board member, the remaining members of the governing
4574		-	37 body shall meet and select an individual to fill the vacancy after the
4575		-	38 secretary of the governing body receives notice of the death under
4576		-	39 IC 5-8-6 and in accordance with section 4 of this chapter.
4577		-	40 SECTION 116. IC 20-27-8-3, AS ADDED BY P.L.1-2005,
4578		-	41 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4579		-	42 JULY 1, 2025]: Sec. 3. (a) As used in this section, "controlled
4580		-	ES 80—LS 6051/DI 112 107
4581		-	1 substance" has the meaning set forth in IC 35-48-1. IC 35-48-1.1.
4582		-	2 (b) An individual who is a school bus driver and who knowingly and
4583		-	3 intentionally:
4584		-	4 (1) consumes a controlled substance or an intoxicating liquor
4585		-	5 within six (6) hours before:
4586		-	6 (A) going on duty; or
4587		-	7 (B) operating a school bus; or
4588		-	8 (2) consumes or possesses a controlled substance or an
4589		-	9 intoxicating liquor while on duty or while operating a school bus;
4590		-	10 commits a Class A misdemeanor.
4591		-	11 (c) It is a defense in a prosecution under this section if a controlled
4592		-	12 substance is consumed or possessed in accordance with a medical
4593		-	13 prescription issued by an Indiana physician to the individual who
4594		-	14 consumes or possesses the controlled substance.
4595		-	15 SECTION 117. IC 20-28-5-8, AS AMENDED BY P.L.125-2022,
4596		-	16 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4597		-	17 JULY 1, 2025]: Sec. 8. (a) This section applies when a prosecuting
4598		-	18 attorney knows that a licensed employee of a public school or a
4599		-	19 nonpublic school has been convicted of an offense listed in subsection
4600		-	20 (c). The prosecuting attorney shall immediately give written notice of
4601		-	21 the conviction to the following:
4602		-	22 (1) The secretary of education.
4603		-	23 (2) Except as provided in subdivision (3), the superintendent of
4604		-	24 the school corporation that employs the licensed employee or the
4605		-	25 equivalent authority if a nonpublic school employs the licensed
4606		-	26 employee.
4607		-	27 (3) The presiding officer of the governing body of the school
4608		-	28 corporation that employs the licensed employee, if the convicted
4609		-	29 licensed employee is the superintendent of the school corporation.
4610		-	30 (b) The superintendent of a school corporation, presiding officer of
4611		-	31 the governing body, or equivalent authority for a nonpublic school shall
4612		-	32 immediately notify the secretary of education when the individual
4613		-	33 knows that a current or former licensed employee of the public school
4614		-	34 or nonpublic school has been convicted of an offense listed in
4615		-	35 subsection (c), or when the governing body or equivalent authority for
4616		-	36 a nonpublic school takes any final action in relation to an employee
4617		-	37 who engaged in any offense listed in subsection (c).
4618		-	38 (c) Except as provided in section 8.5 of this chapter, the department
4619		-	39 shall permanently revoke the license of a person who is known by the
4620		-	40 department to have been convicted of any of the following:
4621		-	41 (1) The following felonies:
4622		-	42 (A) A sex crime under IC 35-42-4 (including criminal deviate
4623		-	ES 80—LS 6051/DI 112 108
4624		-	1 conduct (IC 35-42-4-2) (before its repeal)).
4625		-	2 (B) Kidnapping (IC 35-42-3-2).
4626		-	3 (C) Criminal confinement (IC 35-42-3-3).
4627		-	4 (D) Incest (IC 35-46-1-3).
4628		-	5 (E) Dealing in or manufacturing cocaine or a narcotic drug
4629		-	6 (IC 35-48-4-1).
4630		-	7 (F) Dealing in methamphetamine (IC 35-48-4-1.1).
4631		-	8 (G) Manufacturing methamphetamine (IC 35-48-4-1.2).
4632		-	9 (H) Dealing in a schedule I, II, or III controlled substance
4633		-	10 (IC 35-48-4-2).
4634		-	11 (I) Dealing in a schedule IV controlled substance
4635		-	12 (IC 35-48-4-3).
4636		-	13 (J) Dealing in a schedule V controlled substance
4637		-	14 (IC 35-48-4-4).
4638		-	15 (K) Dealing in a counterfeit substance (IC 35-48-4-5).
4639		-	16 (L) Dealing in marijuana, hash oil, hashish, or salvia as a
4640		-	17 felony (IC 35-48-4-10).
4641		-	18 (M) An offense under IC 35-48-4 involving the manufacture
4642		-	19 or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
4643		-	20 synthetic drug lookalike substance (as defined in
4644		-	21 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
4645		-	22 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a
4646		-	23 controlled substance analog (as defined in IC 35-48-1-9.3),
4647		-	24 IC 35-48-1.1-8), or a substance represented to be a controlled
4648		-	25 substance (as described in IC 35-48-4-4.6).
4649		-	26 (N) Homicide (IC 35-42-1).
4650		-	27 (O) Voluntary manslaughter (IC 35-42-1-3).
4651		-	28 (P) Reckless homicide (IC 35-42-1-5).
4652		-	29 (Q) Battery as any of the following:
4653		-	30 (i) A Class A felony (for a crime committed before July 1,
4654		-	31 2014) or a Level 2 felony (for a crime committed after June
4655		-	32 30, 2014).
4656		-	33 (ii) A Class B felony (for a crime committed before July 1,
4657		-	34 2014) or a Level 3 felony (for a crime committed after June
4658		-	35 30, 2014).
4659		-	36 (iii) A Class C felony (for a crime committed before July 1,
4660		-	37 2014) or a Level 5 felony (for a crime committed after June
4661		-	38 30, 2014).
4662		-	39 (R) Aggravated battery (IC 35-42-2-1.5).
4663		-	40 (S) Robbery (IC 35-42-5-1).
4664		-	41 (T) Carjacking (IC 35-42-5-2) (before its repeal).
4665		-	42 (U) Arson as a Class A felony or Class B felony (for a crime
4666		-	ES 80—LS 6051/DI 112 109
4667		-	1 committed before July 1, 2014) or as a Level 2, Level 3, or
4668		-	2 Level 4 felony (for a crime committed after June 30, 2014)
4669		-	3 (IC 35-43-1-1(a)).
4670		-	4 (V) Burglary as a Class A felony or Class B felony (for a crime
4671		-	5 committed before July 1, 2014) or as a Level 1, Level 2, Level
4672		-	6 3, or Level 4 felony (for a crime committed after June 30,
4673		-	7 2014) (IC 35-43-2-1).
4674		-	8 (W) Human trafficking (IC 35-42-3.5).
4675		-	9 (X) Dealing in a controlled substance resulting in death
4676		-	10 (IC 35-42-1-1.5).
4677		-	11 (Y) Attempt under IC 35-41-5-1 to commit an offense listed in
4678		-	12 this subsection.
4679		-	13 (Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
4680		-	14 in this subsection.
4681		-	15 (2) Public indecency (IC 35-45-4-1) committed:
4682		-	16 (A) after June 30, 2003; or
4683		-	17 (B) before July 1, 2003, if the person committed the offense
4684		-	18 by, in a public place:
4685		-	19 (i) engaging in sexual intercourse or other sexual conduct
4686		-	20 (as defined in IC 35-31.5-2-221.5);
4687		-	21 (ii) appearing in a state of nudity with the intent to arouse
4688		-	22 the sexual desires of the person or another person, or being
4689		-	23 at least eighteen (18) years of age, with the intent to be seen
4690		-	24 by a child less than sixteen (16) years of age; or
4691		-	25 (iii) fondling the person's genitals or the genitals of another
4692		-	26 person.
4693		-	27 (d) The department shall permanently revoke the license of a person
4694		-	28 who is known by the department to have been convicted of a federal
4695		-	29 offense or an offense in another state that is comparable to a felony or
4696		-	30 misdemeanor listed in subsection (c).
4697		-	31 (e) A license may be suspended by the secretary of education as
4698		-	32 specified in IC 20-28-7.5.
4699		-	33 (f) The department shall develop a data base of information on
4700		-	34 school corporation employees who have been reported to the
4701		-	35 department under this section.
4702		-	36 (g) Upon receipt of information from the office of judicial
4703		-	37 administration in accordance with IC 33-24-6-3 concerning persons
4704		-	38 convicted of an offense listed in subsection (c), the department shall:
4705		-	39 (1) cross check the information received from the office of
4706		-	40 judicial administration with information concerning licensed
4707		-	41 teachers (as defined in IC 20-18-2-22(b)) maintained by the
4708		-	42 department; and
4709		-	ES 80—LS 6051/DI 112 110
4710		-	1 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
4711		-	2 convicted of an offense described in subsection (c), revoke the
4712		-	3 licensed teacher's license.
4713		-	4 SECTION 118. IC 21-12-6-5, AS AMENDED BY THE
4714		-	5 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
4715		-	6 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4716		-	7 JULY 1, 2025]: Sec. 5. (a) Unless a student qualifies under subsection
4717		-	8 (b), to qualify to participate in the program, a student must meet the
4718		-	9 following requirements:
4719		-	10 (1) Be a resident of Indiana.
4720		-	11 (2) Be:
4721		-	12 (A) enrolled in grade 7 or 8 at a:
4722		-	13 (i) public school; or
4723		-	14 (ii) nonpublic school that is accredited either by the Indiana
4724		-	15 state board of education or by a national or regional
4725		-	16 accrediting agency whose accreditation is accepted as a
4726		-	17 school improvement plan under IC 20-31-4.1-2; or
4727		-	18 (B) otherwise qualified under the rules of the commission that
4728		-	19 are adopted under IC 21-18.5-4-9(2) to include students who
4729		-	20 are in grades other than grade 8 as eligible students.
4730		-	21 (3) Be a member of a household with an annual income of not
4731		-	22 more than the amount required for the individual to qualify for
4732		-	23 free or reduced priced price lunches under the national school
4733		-	24 lunch program, as determined for the immediately preceding
4734		-	25 taxable year for the household for which the student was claimed
4735		-	26 as a dependent.
4736		-	27 (4) Agree that the student will:
4737		-	28 (A) graduate from a secondary school located in Indiana that
4738		-	29 meets the admission criteria of an eligible institution;
4739		-	30 (B) not illegally use controlled substances (as defined in
4740		-	31 IC 35-48-1-9); IC 35-48-1.1-7);
4741		-	32 (C) not commit a crime or an infraction described in
4742		-	33 IC 9-30-5;
4743		-	34 (D) not commit any other crime or delinquent act (as described
4744		-	35 in IC 31-37-1-2 or IC 31-37-2-2 through IC 31-37-2-5 (or
4745		-	36 IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5) before their
4746		-	37 repeal));
4747		-	38 (E) timely apply, when the eligible student is a senior in high
4748		-	39 school:
4749		-	40 (i) for admission to an eligible institution; and
4750		-	41 (ii) for any federal and state student financial assistance
4751		-	42 available to the eligible student to attend an eligible
4752		-	ES 80—LS 6051/DI 112 111
4753		-	1 institution;
4754		-	2 (F) achieve a cumulative grade point average upon graduation
4755		-	3 of:
4756		-	4 (i) at least 2.0, if the student graduates from high school
4757		-	5 before July 1, 2014; and
4758		-	6 (ii) at least 2.5, if the student graduates from high school
4759		-	7 after June 30, 2014;
4760		-	8 on a 4.0 grading scale (or its equivalent if another grading
4761		-	9 scale is used) for courses taken during grades 9, 10, 11, and
4762		-	10 12; and
4763		-	11 (G) complete an academic success program required under the
4764		-	12 rules adopted by the commission, if the student initially enrolls
4765		-	13 in high school after June 30, 2013.
4766		-	14 (b) A student qualifies to participate in the program if the student:
4767		-	15 (1) before or during grade 7 or grade 8, is placed by or with the
4768		-	16 consent of the department of child services, by a court order, or by
4769		-	17 a child placing agency in:
4770		-	18 (A) a foster family home;
4771		-	19 (B) the home of a relative or other unlicensed caretaker;
4772		-	20 (C) a child caring institution; or
4773		-	21 (D) a group home;
4774		-	22 (2) meets the requirements in subsection (a)(1) through (a)(2);
4775		-	23 and
4776		-	24 (3) agrees in writing, together with the student's caseworker (as
4777		-	25 defined in IC 31-9-2-11) or legal guardian, to the conditions set
4778		-	26 forth in subsection (a)(4).
4779		-	27 (c) The commission may require that an applicant apply
4780		-	28 electronically to participate in the program using an online Internet
4781		-	29 application on the commission's website.
4782		-	30 SECTION 119. IC 21-12-6-6, AS AMENDED BY P.L.165-2016,
4783		-	31 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4784		-	32 JULY 1, 2025]: Sec. 6. (a) A student may apply to the commission for
4785		-	33 a scholarship. To qualify for a scholarship, the student must meet the
4786		-	34 following requirements:
4787		-	35 (1) Be an eligible student who qualified to participate in the
4788		-	36 program under section 5 of this chapter.
4789		-	37 (2) Be a resident of Indiana.
4790		-	38 (3) Be a graduate from a secondary school located in Indiana that
4791		-	39 meets the admission criteria of an eligible institution and have
4792		-	40 achieved a cumulative grade point average in high school of:
4793		-	41 (A) at least 2.0 on a 4.0 grading scale, if the student is
4794		-	42 expected to graduate from high school before July 1, 2014; and
4795		-	ES 80—LS 6051/DI 112 112
4796		-	1 (B) at least 2.5 on a 4.0 grading scale, if the student is
4797		-	2 expected to graduate from high school after June 30, 2014.
4798		-	3 (4) Have applied to attend and be accepted to attend as a full-time
4799		-	4 student an eligible institution.
4800		-	5 (5) Certify in writing that before the student's graduation from
4801		-	6 high school the student:
4802		-	7 (A) did not illegally use controlled substances (as defined in
4803		-	8 IC 35-48-1-9); IC 35-48-1.1-7);
4804		-	9 (B) did not illegally consume alcoholic beverages;
4805		-	10 (C) did not commit any other crime or a delinquent act (as
4806		-	11 described in IC 31-37-1-2 or IC 31-37-2-2 through
4807		-	12 IC 31-37-2-5 (or IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5)
4808		-	13 before their repeal));
4809		-	14 (D) timely filed an application for other types of financial
4810		-	15 assistance available to the student from the state or federal
4811		-	16 government; and
4812		-	17 (E) completed an academic success program required under
4813		-	18 the rules adopted by the commission.
4814		-	19 (6) Submit to the commission all the information and evidence
4815		-	20 required by the commission to determine eligibility as a
4816		-	21 scholarship applicant.
4817		-	22 (7) This subdivision applies only to applicants who initially enroll
4818		-	23 in the program under section 5 of this chapter or IC 21-12-6.5-2
4819		-	24 after June 30, 2011. For purposes of this chapter, applicants who
4820		-	25 are enrolled in the program before July 1, 2011, will not have an
4821		-	26 income or financial resources test applied to them when they
4822		-	27 subsequently apply for a scholarship. Have a lack of financial
4823		-	28 resources reasonably available to the applicant, as defined by the
4824		-	29 commission, that, in the absence of an award under this chapter,
4825		-	30 would deter the scholarship applicant from completing the
4826		-	31 applicant's education at the approved postsecondary educational
4827		-	32 institution that the applicant has selected and that has accepted
4828		-	33 the applicant.
4829		-	34 (8) Meet any other minimum criteria established by the
4830		-	35 commission.
4831		-	36 (b) This section applies to an individual who graduates from high
4832		-	37 school after December 31, 2011. To be eligible for a scholarship under
4833		-	38 this section, a student must initially attend an eligible institution
4834		-	39 described in subsection (a)(4) not later than the fall semester (or its
4835		-	40 equivalent, as determined by the commission) in the year immediately
4836		-	41 following the year in which the student graduates from high school.
4837		-	42 SECTION 120. IC 22-4-8-3, AS AMENDED BY P.L.211-2019,
4838		-	ES 80—LS 6051/DI 112 113
4839		-	1 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4840		-	2 JULY 1, 2025]: Sec. 3. "Employment" shall not include the following:
4841		-	3 (1) Except as provided in section 2(i) of this chapter, service
4842		-	4 performed prior to January 1, 1978, in the employ of this state,
4843		-	5 any other state, any town or city, or political subdivision, or any
4844		-	6 instrumentality of any of them, other than service performed in
4845		-	7 the employ of a municipally owned public utility as defined in this
4846		-	8 article; or service performed in the employ of the United States of
4847		-	9 America, or an instrumentality of the United States immune under
4848		-	10 the Constitution of the United States from the contributions
4849		-	11 imposed by this article, except that to the extent that the Congress
4850		-	12 of the United States shall permit states to require any
4851		-	13 instrumentalities of the United States to make payments into an
4852		-	14 unemployment fund under a state unemployment compensation
4853		-	15 statute, all of the provisions of this article shall be applicable to
4854		-	16 such instrumentalities, in the same manner, to the same extent,
4855		-	17 and on the same terms as to all other employers, employing units,
4856		-	18 individuals, and services. However, if this state shall not be
4857		-	19 certified for any year by the Secretary of Labor under Section
4858		-	20 3304 of the Internal Revenue Code the payments required of such
4859		-	21 instrumentalities with respect to that year shall be refunded by the
4860		-	22 commissioner from the fund in the same manner and within the
4861		-	23 same period as is provided in IC 22-4-32-19 with respect to
4862		-	24 contribution erroneously paid or wrongfully assessed.
4863		-	25 (2) Service with respect to which unemployment compensation is
4864		-	26 payable under an unemployment compensation system
4865		-	27 established by an Act of Congress; however, the department is
4866		-	28 authorized to enter into agreements with the proper agencies
4867		-	29 under the Act of Congress which agreements shall become
4868		-	30 effective ten (10) days after publication, in accordance with rules
4869		-	31 adopted by the department under IC 4-22-2, to provide reciprocal
4870		-	32 treatment to individuals who have, after acquiring potential rights
4871		-	33 to benefits under this article, acquired rights to unemployment
4872		-	34 compensation under the Act of Congress, or who have, after
4873		-	35 having acquired potential rights to unemployment compensation
4874		-	36 under the Act of Congress, acquired rights to benefits under this
4875		-	37 article.
4876		-	38 (3) "Agricultural labor" as provided in section 2(l)(1) of this
4877		-	39 chapter shall include only services performed:
4878		-	40 (A) on a farm, in the employ of any person, in connection with
4879		-	41 cultivating the soil or in connection with raising or harvesting
4880		-	42 any agricultural or horticultural commodity, including the
4881		-	ES 80—LS 6051/DI 112 114
4882		-	1 raising, shearing, feeding, caring for, training, and
4883		-	2 management of livestock, bees, poultry, and furbearing
4884		-	3 animals and wildlife;
4885		-	4 (B) in the employ of the owner or tenant or other operator of
4886		-	5 a farm, in connection with the operation, management,
4887		-	6 conservation, improvement, or maintenance of a farm and its
4888		-	7 tools and equipment, or in salvaging timber or clearing land of
4889		-	8 brush and other debris left by a hurricane, if the major part of
4890		-	9 the service is performed on a farm;
4891		-	10 (C) in connection with the production or harvesting of any
4892		-	11 commodity defined as an agricultural commodity in Section
4893		-	12 15(g) of the Agricultural Marketing Act (12 U.S.C. 1141j(g))
4894		-	13 as amended, or in connection with the operation or
4895		-	14 maintenance of ditches, canals, reservoirs, or waterways, not
4896		-	15 owned or operated for profit, used exclusively for supplying
4897		-	16 and storing water for farming purposes;
4898		-	17 (D) in the employ of:
4899		-	18 (i) the operator of a farm in handling, planting, drying,
4900		-	19 packing, packaging, processing, freezing, grading, storing,
4901		-	20 or delivering to storage or to market or to a carrier for
4902		-	21 transportation to market, in its unmanufactured state, any
4903		-	22 agricultural or horticultural commodity; but only if the
4904		-	23 operator produced more than one-half (1/2) of the
4905		-	24 commodity with respect to which the service is performed;
4906		-	25 or
4907		-	26 (ii) a group of operators of farms (or a cooperative
4908		-	27 organization of which such operators are members) in the
4909		-	28 performance of service described in item (i), but only if the
4910		-	29 operators produce more than one-half (1/2) of the
4911		-	30 commodity with respect to which the service is performed;
4912		-	31 except the provisions of items (i) and (ii) shall not be deemed
4913		-	32 to be applicable with respect to service performed in
4914		-	33 connection with commercial canning or commercial freezing
4915		-	34 or in connection with any agricultural or horticultural
4916		-	35 commodity after its delivery to a terminal market for
4917		-	36 distribution for consumption; or
4918		-	37 (E) on a farm operated for profit if the service is not in the
4919		-	38 course of the employer's trade or business or is domestic
4920		-	39 service in a private home of the employer.
4921		-	40 (4) As used in subdivision (3), "farm" includes stock, dairy,
4922		-	41 poultry, fruit, furbearing animals, and truck farms, nurseries,
4923		-	42 orchards, greenhouses, or other similar structures used primarily
4924		-	ES 80—LS 6051/DI 112 115
4925		-	1 for the raising of agricultural or horticultural commodities.
4926		-	2 (5) Domestic service in a private home, local college club, or
4927		-	3 local chapter of a college fraternity or sorority, except as provided
4928		-	4 in section 2(m) of this chapter.
4929		-	5 (6) Service performed on or in connection with a vessel or aircraft
4930		-	6 not an American vessel or American aircraft, if the employee is
4931		-	7 employed on and in connection with the vessel or aircraft when
4932		-	8 outside the United States.
4933		-	9 (7) Service performed by an individual in the employ of child or
4934		-	10 spouse, and service performed by a child under the age of
4935		-	11 twenty-one (21) in the employ of a parent.
4936		-	12 (8) Service not in the course of the employing unit's trade or
4937		-	13 business performed in any calendar quarter by an individual,
4938		-	14 unless the cash remuneration paid for the service is fifty dollars
4939		-	15 ($50) or more and the service is performed by an individual who
4940		-	16 is regularly employed by the employing unit to perform the
4941		-	17 service. For the purposes of this subdivision, an individual shall
4942		-	18 be deemed to be regularly employed to perform service not in the
4943		-	19 course of an employing unit's trade or business during a calendar
4944		-	20 quarter only if:
4945		-	21 (A) on each of some of twenty-four (24) days during the
4946		-	22 quarter that the individual performs the service for some
4947		-	23 portion of the day; or
4948		-	24 (B) the individual was regularly employed (as determined
4949		-	25 under clause (A)) by an employing unit in the performance of
4950		-	26 a service during the preceding calendar quarter.
4951		-	27 (9) Service performed by an individual in any calendar quarter in
4952		-	28 the employ of any organization exempt from income tax under
4953		-	29 Section 501 of the Internal Revenue Code (except those services
4954		-	30 included in sections 2(i) and 2(j) of this chapter) if the
4955		-	31 remuneration for the service is less than fifty dollars ($50).
4956		-	32 (10) Service performed in the employ of a hospital, if the service
4957		-	33 is performed by a patient of the hospital.
4958		-	34 (11) Service performed in the employ of a school or eligible
4959		-	35 postsecondary educational institution if the service is performed:
4960		-	36 (A) by a student who is enrolled and is regularly attending
4961		-	37 classes at the school or eligible postsecondary educational
4962		-	38 institution; or
4963		-	39 (B) by the spouse of a student, if the spouse is advised, at the
4964		-	40 time the spouse commences to perform the service, that:
4965		-	41 (i) the employment of the spouse to perform the service is
4966		-	42 provided under a program to provide financial assistance to
4967		-	ES 80—LS 6051/DI 112 116
4968		-	1 the student by the school or eligible postsecondary
4969		-	2 educational institution; and
4970		-	3 (ii) the employment will not be covered by any program of
4971		-	4 unemployment insurance.
4972		-	5 (12) Service performed by an individual who is enrolled at a
4973		-	6 nonprofit or public educational institution which normally
4974		-	7 maintains a regular faculty and curriculum and normally has a
4975		-	8 regularly organized body of students in attendance at the place
4976		-	9 where its educational activities are carried on as a student in a
4977		-	10 full-time program, taken for credit at the institution, which
4978		-	11 combines academic instruction with work experience, if the
4979		-	12 service is an integral part of the program, and the institution has
4980		-	13 so certified to the employer, except that this subdivision shall not
4981		-	14 apply to service performed in a program established for or on
4982		-	15 behalf of an employer or group of employers.
4983		-	16 (13) Service performed in the employ of a government foreign to
4984		-	17 the United States of America, including service as a consular or
4985		-	18 other officer or employee or a nondiplomatic representative.
4986		-	19 (14) Service performed in the employ of an instrumentality
4987		-	20 wholly owned by a government foreign to that of the United
4988		-	21 States of America, if the service is of a character similar to that
4989		-	22 performed in foreign countries by employees of the United States
4990		-	23 of America or of an instrumentality of the United States of
4991		-	24 America, and if the department finds that the Secretary of State of
4992		-	25 the United States has certified to the Secretary of the Treasury of
4993		-	26 the United States that the government, foreign to the United
4994		-	27 States, with respect to whose instrumentality exemption is
4995		-	28 claimed, grants an equivalent exemption with respect to similar
4996		-	29 service performed in such country by employees of the United
4997		-	30 States and of instrumentalities of the United States.
4998		-	31 (15) Service performed as a student nurse in the employ of a
4999		-	32 hospital or nurses' training school by an individual who is
5000		-	33 enrolled and is regularly attending classes in a nurses' training
5001		-	34 school chartered or approved pursuant to state law; and service
5002		-	35 performed as an intern in the employ of a hospital by an
5003		-	36 individual who has completed a four (4) year course in a medical
5004		-	37 school chartered or approved pursuant to state law.
5005		-	38 (16) Service performed by an individual as an insurance producer
5006		-	39 or as an insurance solicitor, if all service performed by the
5007		-	40 individual is performed for remuneration solely by way of
5008		-	41 commission.
5009		-	42 (17) Service performed by an individual:
5010		-	ES 80—LS 6051/DI 112 117
5011		-	1 (A) under the age of eighteen (18) in the delivery or
5012		-	2 distribution of newspapers or shopping news, not including
5013		-	3 delivery or distribution to any point for subsequent delivery or
5014		-	4 distribution; or
5015		-	5 (B) in, and at the time of, the sale of newspapers or magazines
5016		-	6 to ultimate consumers, under an arrangement under which the
5017		-	7 newspapers or magazines are to be sold by the individual at a
5018		-	8 fixed price, the individual's compensation being based on the
5019		-	9 retention of the excess of the price over the amount at which
5020		-	10 the newspapers or magazines are charged to the individual,
5021		-	11 whether or not the individual is guaranteed a minimum amount
5022		-	12 of compensation for the service, or is entitled to be credited
5023		-	13 with the unsold newspapers or magazines turned back.
5024		-	14 (18) Service performed in the employ of an international
5025		-	15 organization to the extent the services are excluded from
5026		-	16 employment under 26 CFR 31.3306(c)(16).
5027		-	17 (19) Except as provided in IC 22-4-7-1, services covered by an
5028		-	18 election duly approved by the agency charged with the
5029		-	19 administration of any other state or federal unemployment
5030		-	20 compensation law in accordance with an arrangement pursuant to
5031		-	21 IC 22-4-22-1 through IC 22-4-22-5, during the effective period of
5032		-	22 such election.
5033		-	23 (20) If the service performed during one-half (1/2) or more of any
5034		-	24 pay period by an individual for an employing unit constitutes
5035		-	25 employment, all the services of the individual for the period shall
5036		-	26 be deemed to be employment; but if the services performed
5037		-	27 during more than one-half (1/2) of any pay period by an
5038		-	28 individual do not constitute employment, then none of the
5039		-	29 services of the individual for the period shall be deemed to be
5040		-	30 employment. As used in this subdivision, "pay period" means a
5041		-	31 period of not more than thirty-one (31) consecutive days for
5042		-	32 which a payment of remuneration is ordinarily made to the
5043		-	33 individual by the employing unit. This subdivision shall not be
5044		-	34 applicable with respect to services performed in a pay period by
5045		-	35 any individual where any service is excepted by subdivision (2).
5046		-	36 (21) Service performed by an inmate of a custodial or penal
5047		-	37 institution.
5048		-	38 (22) Service performed as a precinct election officer (as defined
5049		-	39 in IC 3-5-2-40.1). IC 3-5-2.1-82).
5050		-	40 (23) Services performed by a direct seller:
5051		-	41 (A) in the trade or business of:
5052		-	42 (i) selling, or soliciting the sale of, consumer products or
5053		-	ES 80—LS 6051/DI 112 118
5054		-	1 services to any buyer on a buy-sell basis,
5055		-	2 deposit-commission basis, or similar basis, in any place
5056		-	3 other than in a permanent retail establishment; or
5057		-	4 (ii) selling, or soliciting the sale of, consumer products or
5058		-	5 services in any place other than in a permanent retail
5059		-	6 establishment;
5060		-	7 (B) when substantially all the remuneration, whether or not
5061		-	8 paid in cash, for the performance of the services is directly
5062		-	9 related to sales or other output, including performance of
5063		-	10 services, rather than the number of hours worked; and
5064		-	11 (C) when the services performed by the person are performed
5065		-	12 pursuant to a written contract and the contract provides that
5066		-	13 the person who performs the services will not be treated as an
5067		-	14 employee for tax purposes under the contract.
5068		-	15 SECTION 121. IC 22-4-15-1, AS AMENDED BY P.L.117-2023,
5069		-	16 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5070		-	17 JULY 1, 2025]: Sec. 1. (a) Regarding an individual's most recent
5071		-	18 separation from employment before filing an initial or additional claim
5072		-	19 for benefits, an individual who voluntarily left the employment without
5073		-	20 good cause in connection with the work or was discharged from the
5074		-	21 employment for just cause is ineligible for waiting period or benefit
5075		-	22 rights for the week in which the disqualifying separation occurred and
5076		-	23 until:
5077		-	24 (1) the individual has earned remuneration in employment in at
5078		-	25 least eight (8) weeks; and
5079		-	26 (2) the remuneration earned equals or exceeds the product of the
5080		-	27 weekly benefit amount multiplied by eight (8).
5081		-	28 If the qualification amount has not been earned at the expiration of an
5082		-	29 individual's benefit period, the unearned amount shall be carried
5083		-	30 forward to an extended benefit period or to the benefit period of a
5084		-	31 subsequent claim.
5085		-	32 (b) When it has been determined that an individual has been
5086		-	33 separated from employment under disqualifying conditions as outlined
5087		-	34 in this section, the maximum benefit amount of the individual's current
5088		-	35 claim, as initially determined, shall be reduced by an amount
5089		-	36 determined as follows:
5090		-	37 (1) For the first separation from employment under disqualifying
5091		-	38 conditions, the maximum benefit amount of the individual's
5092		-	39 current claim is equal to the result of:
5093		-	40 (A) the maximum benefit amount of the individual's current
5094		-	41 claim, as initially determined; multiplied by
5095		-	42 (B) seventy-five percent (75%);
5096		-	ES 80—LS 6051/DI 112 119
5097		-	1 rounded (if not already a multiple of one dollar ($1)) to the next
5098		-	2 higher dollar.
5099		-	3 (2) For the second separation from employment under
5100		-	4 disqualifying conditions, the maximum benefit amount of the
5101		-	5 individual's current claim is equal to the result of:
5102		-	6 (A) the maximum benefit amount of the individual's current
5103		-	7 claim determined under subdivision (1); multiplied by
5104		-	8 (B) eighty-five percent (85%);
5105		-	9 rounded (if not already a multiple of one dollar ($1)) to the next
5106		-	10 higher dollar.
5107		-	11 (3) For the third and any subsequent separation from employment
5108		-	12 under disqualifying conditions, the maximum benefit amount of
5109		-	13 the individual's current claim is equal to the result of:
5110		-	14 (A) the maximum benefit amount of the individual's current
5111		-	15 claim determined under subdivision (2); multiplied by
5112		-	16 (B) ninety percent (90%);
5113		-	17 rounded (if not already a multiple of one dollar ($1)) to the next
5114		-	18 higher dollar.
5115		-	19 (c) The disqualifications provided in this section shall be subject to
5116		-	20 the following modifications:
5117		-	21 (1) An individual shall not be subject to disqualification because
5118		-	22 of separation from the individual's employment if:
5119		-	23 (A) the individual left to accept with another employer
5120		-	24 previously secured permanent full-time work which offered
5121		-	25 reasonable expectation of continued covered employment and
5122		-	26 betterment of wages or working conditions and thereafter was
5123		-	27 employed on said job;
5124		-	28 (B) having been simultaneously employed by two (2)
5125		-	29 employers, the individual leaves one (1) such employer
5126		-	30 voluntarily without good cause in connection with the work
5127		-	31 but remains in employment with the second employer with a
5128		-	32 reasonable expectation of continued employment; or
5129		-	33 (C) the individual left to accept recall made by a base period
5130		-	34 employer.
5131		-	35 (2) An individual whose unemployment is the result of medically
5132		-	36 substantiated physical disability and who is involuntarily
5133		-	37 unemployed after having made reasonable efforts to maintain the
5134		-	38 employment relationship shall not be subject to disqualification
5135		-	39 under this section for such separation.
5136		-	40 (3) An individual who left work to enter the armed forces of the
5137		-	41 United States shall not be subject to disqualification under this
5138		-	42 section for such leaving of work.
5139		-	ES 80—LS 6051/DI 112 120
5140		-	1 (4) An individual whose employment is terminated under the
5141		-	2 compulsory retirement provision of a collective bargaining
5142		-	3 agreement to which the employer is a party, or under any other
5143		-	4 plan, system, or program, public or private, providing for
5144		-	5 compulsory retirement and who is otherwise eligible shall not be
5145		-	6 deemed to have left the individual's work voluntarily without
5146		-	7 good cause in connection with the work. However, if such
5147		-	8 individual subsequently becomes reemployed and thereafter
5148		-	9 voluntarily leaves work without good cause in connection with the
5149		-	10 work, the individual shall be deemed ineligible as outlined in this
5150		-	11 section.
5151		-	12 (5) An otherwise eligible individual shall not be denied benefits
5152		-	13 for any week because the individual is in training approved under
5153		-	14 Section 236(a)(1) of the Trade Act of 1974, nor shall the
5154		-	15 individual be denied benefits by reason of leaving work to enter
5155		-	16 such training, provided the work left is not suitable employment,
5156		-	17 or because of the application to any week in training of provisions
5157		-	18 in this law (or any applicable federal unemployment
5158		-	19 compensation law), relating to availability for work, active search
5159		-	20 for work, or refusal to accept work. For purposes of this
5160		-	21 subdivision, the term "suitable employment" means with respect
5161		-	22 to an individual, work of a substantially equal or higher skill level
5162		-	23 than the individual's past adversely affected employment (as
5163		-	24 defined for purposes of the Trade Act of 1974), and wages for
5164		-	25 such work at not less than eighty percent (80%) of the individual's
5165		-	26 average weekly wage as determined for the purposes of the Trade
5166		-	27 Act of 1974.
5167		-	28 (6) An individual is not subject to disqualification because of
5168		-	29 separation from the individual's employment if:
5169		-	30 (A) the employment was outside the individual's labor market;
5170		-	31 (B) the individual left to accept previously secured full-time
5171		-	32 work with an employer in the individual's labor market; and
5172		-	33 (C) the individual actually became employed with the
5173		-	34 employer in the individual's labor market.
5174		-	35 (7) An individual who, but for the voluntary separation to move
5175		-	36 to another labor market to join a spouse who had moved to that
5176		-	37 labor market, shall not be disqualified for that voluntary
5177		-	38 separation, if the individual is otherwise eligible for benefits.
5178		-	39 Benefits paid to the spouse whose eligibility is established under
5179		-	40 this subdivision shall not be charged against the employer from
5180		-	41 whom the spouse voluntarily separated.
5181		-	42 (8) An individual shall not be subject to disqualification if the
5182		-	ES 80—LS 6051/DI 112 121
5183		-	1 individual voluntarily left employment or was discharged due to
5184		-	2 circumstances directly caused by domestic or family violence (as
5185		-	3 defined in IC 31-9-2-42). An individual who may be entitled to
5186		-	4 benefits based on this modification may apply to the office of the
5187		-	5 attorney general under IC 5-26.5 to have an address designated by
5188		-	6 the office of the attorney general to serve as the individual's
5189		-	7 address for purposes of this article.
5190		-	8 (9) An individual shall not be subject to disqualification if the
5191		-	9 individual:
5192		-	10 (A) has requested an exemption from an employer's
5193		-	11 COVID-19 immunization requirement;
5194		-	12 (B) has complied with the requirements set forth in
5195		-	13 IC 22-5-4.6; and
5196		-	14 (C) was discharged from employment for failing or refusing to
5197		-	15 receive an immunization against COVID-19.
5198		-	16 As used in this subsection, "labor market" means the area surrounding
5199		-	17 an individual's permanent residence, outside which the individual
5200		-	18 cannot reasonably commute on a daily basis. In determining whether
5201		-	19 an individual can reasonably commute under this subdivision, the
5202		-	20 department shall consider the nature of the individual's job.
5203		-	21 (d) "Discharge for just cause" as used in this section is defined to
5204		-	22 include but not be limited to:
5205		-	23 (1) separation initiated by an employer for falsification of an
5206		-	24 employment application to obtain employment through
5207		-	25 subterfuge;
5208		-	26 (2) knowing violation of a reasonable and uniformly enforced rule
5209		-	27 of an employer, including a rule regarding attendance;
5210		-	28 (3) if an employer does not have a rule regarding attendance, an
5211		-	29 individual's unsatisfactory attendance, if good cause for absences
5212		-	30 or tardiness is not established;
5213		-	31 (4) damaging the employer's property through willful negligence;
5214		-	32 (5) refusing to obey instructions;
5215		-	33 (6) reporting to work under the influence of alcohol or drugs or
5216		-	34 consuming alcohol or drugs on employer's premises during
5217		-	35 working hours;
5218		-	36 (7) conduct endangering safety of self or coworkers;
5219		-	37 (8) incarceration in jail following conviction of a misdemeanor or
5220		-	38 felony by a court of competent jurisdiction; or
5221		-	39 (9) any breach of duty in connection with work which is
5222		-	40 reasonably owed an employer by an employee.
5223		-	41 (e) To verify that domestic or family violence has occurred, an
5224		-	42 individual who applies for benefits under subsection (c)(8) shall
5225		-	ES 80—LS 6051/DI 112 122
5226		-	1 provide one (1) of the following:
5227		-	2 (1) A report of a law enforcement agency (as defined in
5228		-	3 IC 10-13-3-10).
5229		-	4 (2) A protection order issued under IC 34-26-5.
5230		-	5 (3) A foreign protection order (as defined in IC 34-6-2-48.5).
5231		-	6 IC 34-6-2.1-76).
5232		-	7 (4) An affidavit from a domestic violence service provider
5233		-	8 verifying services provided to the individual by the domestic
5234		-	9 violence service provider.
5235		-	10 SECTION 122. IC 22-4-15-6.1, AS AMENDED BY P.L.121-2014,
5236		-	11 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5237		-	12 JULY 1, 2025]: Sec. 6.1. (a) Notwithstanding any other provisions of
5238		-	13 this article, all of the individual's wage credits established prior to the
5239		-	14 day upon which the individual was discharged for gross misconduct in
5240		-	15 connection with work are canceled.
5241		-	16 (b) As used in this section, "gross misconduct" means any of the
5242		-	17 following committed in connection with work, as determined by the
5243		-	18 department by a preponderance of the evidence:
5244		-	19 (1) A felony.
5245		-	20 (2) A Class A misdemeanor.
5246		-	21 (3) Working, or reporting for work, in a state of intoxication
5247		-	22 caused by the individual's use of alcohol or a controlled substance
5248		-	23 (as defined in IC 35-48-1-9). IC 35-48-1.1-7).
5249		-	24 (4) Battery on another individual while on the employer's property
5250		-	25 or during working hours.
5251		-	26 (5) Theft or embezzlement.
5252		-	27 (6) Fraud.
5253		-	28 (c) If evidence is presented that an action or requirement of the
5254		-	29 employer may have caused the conduct that is the basis for the
5255		-	30 employee's discharge, the conduct is not gross misconduct under this
5256		-	31 section.
5257		-	32 (d) Lawful conduct not otherwise prohibited by an employer is not
5258		-	33 gross misconduct under this section.
5259		-	34 SECTION 123. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
5260		-	35 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5261		-	36 JULY 1, 2025]: Sec. 16. (a) A practitioner shall comply with the
5262		-	37 standards established under this licensing program. A practitioner is
5263		-	38 subject to the exercise of the disciplinary sanctions under subsection
5264		-	39 (b) if the department finds that a practitioner has:
5265		-	40 (1) engaged in or knowingly cooperated in fraud or material
5266		-	41 deception in order to obtain a license to practice, including
5267		-	42 cheating on a licensing examination;
5268		-	ES 80—LS 6051/DI 112 123
5269		-	1 (2) engaged in fraud or material deception in the course of
5270		-	2 professional services or activities;
5271		-	3 (3) advertised services or goods in a false or misleading manner;
5272		-	4 (4) falsified or knowingly allowed another person to falsify
5273		-	5 attendance records or certificates of completion of continuing
5274		-	6 education courses provided under this chapter;
5275		-	7 (5) been convicted of a crime that has a direct bearing on the
5276		-	8 practitioner's ability to continue to practice competently;
5277		-	9 (6) knowingly violated a state statute or rule or federal statute or
5278		-	10 regulation regulating the profession for which the practitioner is
5279		-	11 licensed;
5280		-	12 (7) continued to practice although the practitioner has become
5281		-	13 unfit to practice due to:
5282		-	14 (A) professional incompetence;
5283		-	15 (B) failure to keep abreast of current professional theory or
5284		-	16 practice;
5285		-	17 (C) physical or mental disability; or
5286		-	18 (D) addiction to, abuse of, or severe dependency on alcohol or
5287		-	19 other drugs that endanger the public by impairing a
5288		-	20 practitioner's ability to practice safely;
5289		-	21 (8) engaged in a course of lewd or immoral conduct in connection
5290		-	22 with the delivery of services to the public;
5291		-	23 (9) allowed the practitioner's name or a license issued under this
5292		-	24 chapter to be used in connection with an individual or business
5293		-	25 who renders services beyond the scope of that individual's or
5294		-	26 business's training, experience, or competence;
5295		-	27 (10) had disciplinary action taken against the practitioner or the
5296		-	28 practitioner's license to practice in another state or jurisdiction on
5297		-	29 grounds similar to those under this chapter;
5298		-	30 (11) assisted another person in committing an act that would
5299		-	31 constitute a ground for disciplinary sanction under this chapter;
5300		-	32 or
5301		-	33 (12) allowed a license issued by the department to be:
5302		-	34 (A) used by another person; or
5303		-	35 (B) displayed to the public when the license has expired, is
5304		-	36 inactive, is invalid, or has been revoked or suspended.
5305		-	37 For purposes of subdivision (10), a certified copy of a record of
5306		-	38 disciplinary action constitutes prima facie evidence of a disciplinary
5307		-	39 action in another jurisdiction.
5308		-	40 (b) The department may impose one (1) or more of the following
5309		-	41 sanctions if the department finds that a practitioner is subject to
5310		-	42 disciplinary sanctions under subsection (a):
5311		-	ES 80—LS 6051/DI 112 124
5312		-	1 (1) Permanent revocation of a practitioner's license.
5313		-	2 (2) Suspension of a practitioner's license.
5314		-	3 (3) Censure of a practitioner.
5315		-	4 (4) Issuance of a letter of reprimand.
5316		-	5 (5) Assessment of a civil penalty against the practitioner in
5317		-	6 accordance with the following:
5318		-	7 (A) The civil penalty may not be more than one thousand
5319		-	8 dollars ($1,000) for each violation listed in subsection (a),
5320		-	9 except for a finding of incompetency due to a physical or
5321		-	10 mental disability.
5322		-	11 (B) When imposing a civil penalty, the department shall
5323		-	12 consider a practitioner's ability to pay the amount assessed. If
5324		-	13 the practitioner fails to pay the civil penalty within the time
5325		-	14 specified by the department, the department may suspend the
5326		-	15 practitioner's license without additional proceedings. However,
5327		-	16 a suspension may not be imposed if the sole basis for the
5328		-	17 suspension is the practitioner's inability to pay a civil penalty.
5329		-	18 (6) Placement of a practitioner on probation status and
5330		-	19 requirement of the practitioner to:
5331		-	20 (A) report regularly to the department upon the matters that
5332		-	21 are the basis of probation;
5333		-	22 (B) limit practice to those areas prescribed by the department;
5334		-	23 (C) continue or renew professional education approved by the
5335		-	24 department until a satisfactory degree of skill has been attained
5336		-	25 in those areas that are the basis of the probation; or
	4189	+	4 (3) Censure of a certificate holder or license holder.
	4190	+	5 (4) Issuance of a letter of reprimand.
	4191	+	6 (5) Assessment of a civil penalty against the certificate holder or
	4192	+	7 license holder in accordance with the following:
	4193	+	8 (A) The civil penalty may not exceed five hundred dollars
	4194	+	9 ($500) per day per violation.
	4195	+	10 (B) If the certificate holder or license holder fails to pay the
	4196	+	11 civil penalty within the time specified by the department of
	4197	+	12 homeland security, the department of homeland security may
	4198	+	13 suspend the certificate holder's certificate or license holder's
	4199	+	14 license without additional proceedings.
	4200	+	15 (6) Placement of a certificate holder or license holder on
	4201	+	16 probation status and requirement of the certificate holder or
	4202	+	17 license holder to:
	4203	+	18 (A) report regularly to the department of homeland security
	4204	+	19 upon the matters that are the basis of probation;
	4205	+	20 (B) limit practice to those areas prescribed by the department
	4206	+	21 of homeland security;
	4207	+	22 (C) continue or renew professional education approved by the
	4208	+	23 department of homeland security until a satisfactory degree of
	4209	+	24 skill has been attained in those areas that are the basis of the
	4210	+	25 probation; or
5337	4211		26 (D) perform or refrain from performing any acts, including
5338	4212		27 community restitution or service without compensation, that
5339		-	28 the department considers appropriate to the public interest or
5340		-	29 to the rehabilitation or treatment of the practitioner.
5341		-	30 The department may withdraw or modify this probation if the
5342		-	31 department finds after a hearing that the deficiency that required
5343		-	32 disciplinary action has been remedied or that changed
5344		-	33 circumstances warrant a modification of the order.
5345		-	34 (c) If an applicant or a practitioner has engaged in or knowingly
5346		-	35 cooperated in fraud or material deception to obtain a license to
5347		-	36 practice, including cheating on the licensing examination, the
5348		-	37 department may rescind the license if it has been granted, void the
5349		-	38 examination or other fraudulent or deceptive material, and prohibit the
5350		-	39 applicant from reapplying for the license for a length of time
5351		-	40 established by the department.
5352		-	41 (d) The department may deny licensure to an applicant who has had
5353		-	42 disciplinary action taken against the applicant or the applicant's license
5354		-	ES 80—LS 6051/DI 112 125
5355		-	1 to practice in another state or jurisdiction or who has practiced without
5356		-	2 a license in violation of the law. A certified copy of the record of
5357		-	3 disciplinary action is conclusive evidence of the other jurisdiction's
5358		-	4 disciplinary action.
5359		-	5 (e) The department may order a practitioner to submit to a
5360		-	6 reasonable physical or mental examination if the practitioner's physical
5361		-	7 or mental capacity to practice safely and competently is at issue in a
5362		-	8 disciplinary proceeding. Failure to comply with a department order to
5363		-	9 submit to a physical or mental examination makes a practitioner liable
5364		-	10 to temporary suspension under subsection (j).
5365		-	11 (f) Except as provided under subsection (g) or (h), a license may not
5366		-	12 be denied, revoked, or suspended because the applicant or holder has
5367		-	13 been convicted of an offense. The acts from which the applicant's or
5368		-	14 holder's conviction resulted may, however, be considered as to whether
5369		-	15 the applicant or holder should be entrusted to serve the public in a
5370		-	16 specific capacity.
5371		-	17 (g) The department may deny, suspend, or revoke a license issued
5372		-	18 under this chapter if the individual who holds the license is convicted
5373		-	19 of any of the following:
5374		-	20 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
5375		-	21 (2) Possession of methamphetamine under IC 35-48-4-6.1.
5376		-	22 (3) Possession of a controlled substance under IC 35-48-4-7(a).
5377		-	23 (4) Fraudulently obtaining a controlled substance under
5378		-	24 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
5379		-	25 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
5380		-	26 (5) Manufacture of paraphernalia as a Class D felony (for a crime
	4213	+	28 the department of homeland security considers appropriate to
	4214	+	29 the public interest or to the rehabilitation or treatment of the
	4215	+	30 certificate holder or license holder.
	4216	+	31 The department of homeland security may withdraw or modify
	4217	+	32 this probation if the department of homeland security finds after
	4218	+	33 a hearing that the deficiency that required disciplinary action is
	4219	+	34 remedied or that changed circumstances warrant a modification
	4220	+	35 of the order.
	4221	+	36 (c) If an applicant or a certificate holder or license holder has
	4222	+	37 engaged in or knowingly cooperated in fraud or material deception to
	4223	+	38 obtain a certificate or license, including cheating on the certification or
	4224	+	39 licensure examination, the department of homeland security may
	4225	+	40 rescind the certificate or license if it has been granted, void the
	4226	+	41 examination or other fraudulent or deceptive material, and prohibit the
	4227	+	42 applicant from reapplying for the certificate or license for a length of
	4228	+	SB 80—LS 6051/DI 112 99
	4229	+	1 time established by the department of homeland security.
	4230	+	2 (d) The department of homeland security may deny certification or
	4231	+	3 licensure to an applicant who would be subject to disciplinary sanctions
	4232	+	4 under subsection (b) if that person were a certificate holder or license
	4233	+	5 holder, has had disciplinary action taken against the applicant or the
	4234	+	6 applicant's certificate or license to practice in another state or
	4235	+	7 jurisdiction, or has practiced without a certificate or license in violation
	4236	+	8 of the law. A certified copy of the record of disciplinary action is
	4237	+	9 conclusive evidence of the other jurisdiction's disciplinary action.
	4238	+	10 (e) The department of homeland security may order a certificate
	4239	+	11 holder or license holder to submit to a reasonable physical or mental
	4240	+	12 examination if the certificate holder's or license holder's physical or
	4241	+	13 mental capacity to practice safely and competently is at issue in a
	4242	+	14 disciplinary proceeding. Failure to comply with a department of
	4243	+	15 homeland security order to submit to a physical or mental examination
	4244	+	16 makes a certificate holder or license holder liable to temporary
	4245	+	17 suspension under subsection (i).
	4246	+	18 (f) Except as provided under subsection (a), subsection (g), and
	4247	+	19 section 14.5 of this chapter, a certificate or license may not be denied,
	4248	+	20 revoked, or suspended because the applicant, certificate holder, or
	4249	+	21 license holder has been convicted of an offense. The acts from which
	4250	+	22 the applicant's, certificate holder's, or license holder's conviction
	4251	+	23 resulted may be considered as to whether the applicant or certificate
	4252	+	24 holder or license holder should be entrusted to serve the public in a
	4253	+	25 specific capacity.
	4254	+	26 (g) The department of homeland security may deny, suspend, or
	4255	+	27 revoke a certificate or license issued under this article if the individual
	4256	+	28 who holds or is applying for the certificate or license is convicted of
	4257	+	29 any of the following:
	4258	+	30 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
	4259	+	31 (2) Possession of methamphetamine under IC 35-48-4-6.1.
	4260	+	32 (3) Possession of a controlled substance under IC 35-48-4-7(a).
	4261	+	33 (4) Fraudulently obtaining a controlled substance under
	4262	+	34 IC 35-48-4-7(c).
	4263	+	35 (5) Manufacture of paraphernalia as a Class D felony (for a crime
	4264	+	36 committed before July 1, 2014) or Level 6 felony (for a crime
	4265	+	37 committed after June 30, 2014) under IC 35-48-4-8.1(b).
	4266	+	38 (6) Dealing in paraphernalia as a Class D felony (for a crime
	4267	+	39 committed before July 1, 2014) or Level 6 felony (for a crime
	4268	+	40 committed after June 30, 2014) under IC 35-48-4-8.5(b).
	4269	+	41 (7) Possession of paraphernalia as a Class D felony (for a crime
	4270	+	42 committed before July 1, 2014) or Level 6 felony (for a crime
	4271	+	SB 80—LS 6051/DI 112 100
	4272	+	1 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
	4273	+	2 its amendment on July 1, 2015).
	4274	+	3 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
	4275	+	4 D felony (for a crime committed before July 1, 2014) or Level 6
	4276	+	5 felony (for a crime committed after June 30, 2014) under
	4277	+	6 IC 35-48-4-11.
	4278	+	7 (9) A felony offense under IC 35-48-4 involving:
	4279	+	8 (A) possession of a synthetic drug (as defined in
	4280	+	9 IC 35-31.5-2-321);
	4281	+	10 (B) possession of a synthetic drug lookalike substance (as
	4282	+	11 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
	4283	+	12 2019)) as a:
	4284	+	13 (i) Class D felony (for a crime committed before July 1,
	4285	+	14 2014); or
	4286	+	15 (ii) Level 6 felony (for a crime committed after June 30,
	4287	+	16 2014);
	4288	+	17 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
	4289	+	18 (C) possession of a controlled substance analog (as defined in
	4290	+	19 IC 35-48-1-9.3). IC 35-48-1.1-8).
	4291	+	20 (10) Maintaining a common nuisance under IC 35-48-4-13
	4292	+	21 (repealed) or IC 35-45-1-5, if the common nuisance involves a
	4293	+	22 controlled substance.
	4294	+	23 (11) An offense relating to registration, labeling, and prescription
	4295	+	24 forms under IC 35-48-4-14.
	4296	+	25 (h) A decision of the department of homeland security under
	4297	+	26 subsections (b) through (g) may be appealed to the commission under
	4298	+	27 IC 4-21.5-3-7.
	4299	+	28 (i) The department of homeland security may temporarily suspend
	4300	+	29 a certificate holder's certificate or license holder's license under
	4301	+	30 IC 4-21.5-4 before a final adjudication or during the appeals process if
	4302	+	31 the department of homeland security finds that a certificate holder or
	4303	+	32 license holder would represent a clear and immediate danger to the
	4304	+	33 public's health, safety, or property if the certificate holder or license
	4305	+	34 holder were allowed to continue to practice.
	4306	+	35 (j) On receipt of a complaint or information alleging that a person
	4307	+	36 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
	4308	+	37 or is engaging in a practice that is subject to disciplinary sanctions
	4309	+	38 under this chapter, the department of homeland security must initiate
	4310	+	39 an investigation against the person.
	4311	+	40 (k) The department of homeland security shall conduct a factfinding
	4312	+	41 investigation as the department of homeland security considers proper
	4313	+	42 in relation to the complaint.
	4314	+	SB 80—LS 6051/DI 112 101
	4315	+	1 (l) The department of homeland security may reinstate a certificate
	4316	+	2 or license that has been suspended under this section if the department
	4317	+	3 of homeland security is satisfied that the applicant is able to practice
	4318	+	4 with reasonable skill, competency, and safety to the public. As a
	4319	+	5 condition of reinstatement, the department of homeland security may
	4320	+	6 impose disciplinary or corrective measures authorized under this
	4321	+	7 chapter.
	4322	+	8 (m) The department of homeland security may not reinstate a
	4323	+	9 certificate or license that has been revoked under this chapter.
	4324	+	10 (n) The department of homeland security must be consistent in the
	4325	+	11 application of sanctions authorized in this chapter. Significant
	4326	+	12 departures from prior decisions involving similar conduct must be
	4327	+	13 explained in the department of homeland security's findings or orders.
	4328	+	14 (o) A certificate holder may not surrender the certificate holder's
	4329	+	15 certificate, and a license holder may not surrender the license holder's
	4330	+	16 license, without the written approval of the department of homeland
	4331	+	17 security, and the department of homeland security may impose any
	4332	+	18 conditions appropriate to the surrender or reinstatement of a
	4333	+	19 surrendered certificate or license.
	4334	+	20 (p) For purposes of this section, "certificate holder" means a person
	4335	+	21 who holds:
	4336	+	22 (1) an unlimited certificate;
	4337	+	23 (2) a limited or probationary certificate; or
	4338	+	24 (3) an inactive certificate.
	4339	+	25 (q) For purposes of this section, "license holder" means a person
	4340	+	26 who holds:
	4341	+	27 (1) an unlimited license;
	4342	+	28 (2) a limited or probationary license; or
	4343	+	29 (3) an inactive license.
	4344	+	30 SECTION 110. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
	4345	+	31 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	4346	+	32 JULY 1, 2025]: Sec. 14.5. The department of homeland security may
	4347	+	33 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
	4348	+	34 certification or licensure or permanently revoke a certificate or license
	4349	+	35 under procedures provided by section 14 of this chapter if the
	4350	+	36 individual who holds the certificate or license issued under this title is
	4351	+	37 convicted of any of the following:
	4352	+	38 (1) Dealing in a controlled substance resulting in death under
	4353	+	39 IC 35-42-1-1.5.
	4354	+	40 (2) Dealing in or manufacturing cocaine or a narcotic drug under
	4355	+	41 IC 35-48-4-1.
	4356	+	42 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
	4357	+	SB 80—LS 6051/DI 112 102
	4358	+	1 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
	4359	+	2 (5) Dealing in a schedule I, II, or III controlled substance under
	4360	+	3 IC 35-48-4-2.
	4361	+	4 (6) Dealing in a schedule IV controlled substance under
	4362	+	5 IC 35-48-4-3.
	4363	+	6 (7) Dealing in a schedule V controlled substance under
	4364	+	7 IC 35-48-4-4.
	4365	+	8 (8) Dealing in a substance represented to be a controlled
	4366	+	9 substance under IC 35-48-4-4.5 (repealed).
	4367	+	10 (9) Knowingly or intentionally manufacturing, advertising,
	4368	+	11 distributing, or possessing with intent to manufacture, advertise,
	4369	+	12 or distribute a substance represented to be a controlled substance
	4370	+	13 under IC 35-48-4-4.6.
	4371	+	14 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
	4372	+	15 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
	4373	+	16 under IC 35-48-4-10.
	4374	+	17 (12) An offense under IC 35-48-4 involving the manufacture or
	4375	+	18 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
	4376	+	19 synthetic drug lookalike substance (as defined in
	4377	+	20 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
	4378	+	21 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
	4379	+	22 substance analog (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8),
	4380	+	23 or a substance represented to be a controlled substance (as
	4381	+	24 described in IC 35-48-4-4.6).
	4382	+	25 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
	4383	+	26 SECTION 111. IC 16-41-11-10 IS AMENDED TO READ AS
	4384	+	27 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) This section
	4385	+	28 does not apply to a medical review panel created under IC 34-18-10 (or
	4386	+	29 IC 27-12-10 before its repeal) or a peer review committee (as defined
	4387	+	30 in IC 34-6-2-99). IC 34-6-2.1-145).
	4388	+	31 (b) The state department may authorize by rule expert review panels
	4389	+	32 to provide confidential consultation and advice to health care workers
	4390	+	33 who are:
	4391	+	34 (1) infected with the human immunodeficiency virus (HIV); or
	4392	+	35 (2) infected with the hepatitis-B virus (HBV) and are hepatitis-Be
	4393	+	36 antigen (HBeAg) positive.
	4394	+	37 (c) All proceedings and communications of an authorized expert
	4395	+	38 review panel are confidential and privileged communications.
	4396	+	39 (d) A member or a member of the staff of an authorized expert
	4397	+	40 review panel is immune from any civil liability for any act, statement,
	4398	+	41 determination, or recommendation made in good faith in the scope of
	4399	+	42 the panel's duties.
	4400	+	SB 80—LS 6051/DI 112 103
	4401	+	1 SECTION 112. IC 16-42-21-1 IS AMENDED TO READ AS
	4402	+	2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this
	4403	+	3 chapter, "controlled substance" has the meaning set forth in IC 35-48-1.
	4404	+	4 IC 35-48-1.1.
	4405	+	5 SECTION 113. IC 16-42-27-2, AS AMENDED BY P.L.36-2023,
	4406	+	6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	4407	+	7 JULY 1, 2025]: Sec. 2. (a) A prescriber may, directly or by standing
	4408	+	8 order, prescribe or dispense an overdose intervention drug without
	4409	+	9 examining the individual to whom it may be administered if all of the
	4410	+	10 following conditions are met:
	4411	+	11 (1) The overdose intervention drug is dispensed or prescribed to:
	4412	+	12 (A) a person at risk of experiencing an opioid-related
	4413	+	13 overdose; or
	4414	+	14 (B) a family member, a friend, or any other individual or entity
	4415	+	15 in a position to assist an individual who, there is reason to
	4416	+	16 believe, is at risk of experiencing an opioid-related overdose.
	4417	+	17 (2) The prescriber instructs the individual receiving the overdose
	4418	+	18 intervention drug or prescription to summon emergency services
	4419	+	19 either immediately before or immediately after administering the
	4420	+	20 overdose intervention drug to an individual experiencing an
	4421	+	21 opioid-related overdose.
	4422	+	22 (3) The prescriber provides education and training on drug
	4423	+	23 overdose response and treatment, including the administration of
	4424	+	24 an overdose intervention drug.
	4425	+	25 (4) The prescriber provides drug addiction treatment information
	4426	+	26 and referrals to drug treatment programs, including programs in
	4427	+	27 the local area and programs that offer medication assisted
	4428	+	28 treatment that includes a federal Food and Drug Administration
	4429	+	29 approved long acting, nonaddictive medication for the treatment
	4430	+	30 of opioid or alcohol dependence.
	4431	+	31 (b) A prescriber may provide a prescription of an overdose
	4432	+	32 intervention drug to an individual as a part of the individual's addiction
	4433	+	33 treatment plan.
	4434	+	34 (c) An individual described in subsection (a)(1) may administer an
	4435	+	35 overdose intervention drug to an individual who is suffering from an
	4436	+	36 overdose.
	4437	+	37 (d) An individual described in subsection (a)(1) may not be
	4438	+	38 considered to be practicing medicine without a license in violation of
	4439	+	39 IC 25-22.5-8-2, if the individual, acting in good faith, does the
	4440	+	40 following:
	4441	+	41 (1) Obtains the overdose intervention drug from a prescriber or
	4442	+	42 entity acting under a standing order issued by a prescriber.
	4443	+	SB 80—LS 6051/DI 112 104
	4444	+	1 (2) Administers the overdose intervention drug to an individual
	4445	+	2 who is experiencing an apparent opioid-related overdose.
	4446	+	3 (3) Attempts to summon emergency services either immediately
	4447	+	4 before or immediately after administering the overdose
	4448	+	5 intervention drug.
	4449	+	6 (e) An entity acting under a standing order issued by a prescriber
	4450	+	7 must do the following:
	4451	+	8 (1) Annually register with either the:
	4452	+	9 (A) state department; or
	4453	+	10 (B) local health department in the county where services will
	4454	+	11 be provided by the entity;
	4455	+	12 in a manner prescribed by the state department.
	4456	+	13 (2) Provide education and training on drug overdose response and
	4457	+	14 treatment, including the administration of an overdose
	4458	+	15 intervention drug.
	4459	+	16 (3) Provide drug addiction treatment information and referrals to
	4460	+	17 drug treatment programs, including programs in the local area and
	4461	+	18 programs that offer medication assisted treatment that includes a
	4462	+	19 federal Food and Drug Administration approved long acting,
	4463	+	20 nonaddictive medication for the treatment of opioid or alcohol
	4464	+	21 dependence.
	4465	+	22 (4) Submit an annual report to the state department containing:
	4466	+	23 (A) the number of sales of the overdose intervention drug
	4467	+	24 dispensed;
	4468	+	25 (B) the dates of sale of the overdose intervention drug
	4469	+	26 dispensed; and
	4470	+	27 (C) any additional information requested by the state
	4471	+	28 department.
	4472	+	29 (f) The state department shall ensure that a statewide standing order
	4473	+	30 for the dispensing of an overdose intervention drug in Indiana is issued
	4474	+	31 under this section. The state health commissioner or a designated
	4475	+	32 public health authority who is a licensed prescriber may, as part of the
	4476	+	33 individual's official capacity, issue a statewide standing order that may
	4477	+	34 be used for the dispensing of an overdose intervention drug under this
	4478	+	35 section. A statewide standing order issued under this section must
	4479	+	36 allow for choice in the:
	4480	+	37 (1) purchasing;
	4481	+	38 (2) dispensing; and
	4482	+	39 (3) distributing;
	4483	+	40 of any formulation or dosage of a naloxone product that is approved by
	4484	+	41 the federal Food and Drug Administration. The immunity provided in
	4485	+	42 IC 34-13-3-3 applies to an individual described in this subsection.
	4486	+	SB 80—LS 6051/DI 112 105
	4487	+	1 (g) A law enforcement officer may not take an individual into
	4488	+	2 custody based solely on the commission of an offense described in
	4489	+	3 subsection (h), if the law enforcement officer, after making a
	4490	+	4 reasonable determination and considering the facts and surrounding
	4491	+	5 circumstances, reasonably believes that the individual:
	4492	+	6 (1) obtained the overdose intervention drug as described in
	4493	+	7 subsection (a)(1);
	4494	+	8 (2) complied with the provisions in subsection (d);
	4495	+	9 (3) administered an overdose intervention drug to an individual
	4496	+	10 who appeared to be experiencing an opioid-related overdose;
	4497	+	11 (4) provided:
	4498	+	12 (A) the individual's full name; and
	4499	+	13 (B) any other relevant information requested by the law
	4500	+	14 enforcement officer;
	4501	+	15 (5) remained at the scene with the individual who reasonably
	4502	+	16 appeared to be in need of medical assistance until emergency
	4503	+	17 medical assistance arrived;
	4504	+	18 (6) cooperated with emergency medical assistance personnel and
	4505	+	19 law enforcement officers at the scene; and
	4506	+	20 (7) came into contact with law enforcement because the
	4507	+	21 individual requested emergency medical assistance for another
	4508	+	22 individual who appeared to be experiencing an opioid-related
	4509	+	23 overdose.
	4510	+	24 (h) An individual who meets the criteria in subsection (g) is immune
	4511	+	25 from criminal prosecution for the following:
	4512	+	26 (1) IC 35-48-4-6 (possession of cocaine).
	4513	+	27 (2) IC 35-48-4-6.1 (possession of methamphetamine).
	4514	+	28 (3) IC 35-48-4-7 (possession of a controlled substance).
	4515	+	29 (4) IC 35-48-4-8.3 (possession of paraphernalia).
	4516	+	30 (5) IC 35-48-4-11 (possession of marijuana).
	4517	+	31 (6) An offense under IC 35-48-4 involving possession of a
	4518	+	32 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
	4519	+	33 controlled substance analog (as defined in IC 35-48-1-9.3),
	4520	+	34 IC 35-48-1.1-8), or possession of a substance represented to be
	4521	+	35 a controlled substance (as described in IC 35-48-4-4.6).
	4522	+	36 SECTION 114. IC 20-23-4-44, AS AMENDED BY P.L.104-2022,
	4523	+	37 SECTION 120, IS AMENDED TO READ AS FOLLOWS
	4524	+	38 [EFFECTIVE JULY 1, 2025]: Sec. 44. (a) This section applies only to
	4525	+	39 a school corporation with territory in a county having a population of
	4526	+	40 more than one hundred eighty-five thousand (185,000) and less than
	4527	+	41 two hundred thousand (200,000).
	4528	+	42 (b) This section applies if there is a:
	4529	+	SB 80—LS 6051/DI 112 106
	4530	+	1 (1) tie vote in an election for a member of the governing body of
	4531	+	2 a school corporation; or
	4532	+	3 (2) vacancy on the governing body of a school corporation.
	4533	+	4 (c) Notwithstanding any other law, if a tie vote occurs among any of
	4534	+	5 the candidates for the governing body or a vacancy occurs on the
	4535	+	6 governing body, the remaining members of the governing body, even
	4536	+	7 if the remaining members do not constitute a majority of the governing
	4537	+	8 body, shall by a majority vote of the remaining members:
	4538	+	9 (1) select one (1) of the candidates who shall be declared and
	4539	+	10 certified elected; or
	4540	+	11 (2) fill the vacancy by appointing an individual to fill the vacancy.
	4541	+	12 (d) An individual appointed to fill a vacancy under subsection
	4542	+	13 (c)(2):
	4543	+	14 (1) must satisfy all the qualifications required of a member of the
	4544	+	15 governing body; and
	4545	+	16 (2) shall fill the remainder of the unexpired term of the vacating
	4546	+	17 member.
	4547	+	18 (e) If a tie vote occurs among the remaining members of the
	4548	+	19 governing body or the governing body fails to act within thirty (30)
	4549	+	20 days after the election or the vacancy occurs, the fiscal body (as
	4550	+	21 defined in IC 3-5-2-25) IC 3-5-2.1-48) of the township in which the
	4551	+	22 greatest percentage of population of the school district resides shall
	4552	+	23 break the tie or make the appointment. A member of the fiscal body
	4553	+	24 who was a candidate and is involved in a tie vote may not cast a vote
	4554	+	25 under this subsection.
	4555	+	26 (f) If the fiscal body of a township is required to act under this
	4556	+	27 section and a vote in the fiscal body results in a tie, the deciding vote
	4557	+	28 to break the tie vote shall be cast by the executive.
	4558	+	29 SECTION 115. IC 20-26-4-4.5, AS AMENDED BY P.L.233-2015,
	4559	+	30 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	4560	+	31 JULY 1, 2025]: Sec. 4.5. (a) The definitions in IC 3-5-2 IC 3-5-2.1
	4561	+	32 apply to this section.
	4562	+	33 (b) If a vacancy in a school board office exists because of the death
	4563	+	34 of a school board member, the remaining members of the governing
	4564	+	35 body shall meet and select an individual to fill the vacancy after the
	4565	+	36 secretary of the governing body receives notice of the death under
	4566	+	37 IC 5-8-6 and in accordance with section 4 of this chapter.
	4567	+	38 SECTION 116. IC 20-27-8-3, AS ADDED BY P.L.1-2005,
	4568	+	39 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	4569	+	40 JULY 1, 2025]: Sec. 3. (a) As used in this section, "controlled
	4570	+	41 substance" has the meaning set forth in IC 35-48-1. IC 35-48-1.1.
	4571	+	42 (b) An individual who is a school bus driver and who knowingly and
	4572	+	SB 80—LS 6051/DI 112 107
	4573	+	1 intentionally:
	4574	+	2 (1) consumes a controlled substance or an intoxicating liquor
	4575	+	3 within six (6) hours before:
	4576	+	4 (A) going on duty; or
	4577	+	5 (B) operating a school bus; or
	4578	+	6 (2) consumes or possesses a controlled substance or an
	4579	+	7 intoxicating liquor while on duty or while operating a school bus;
	4580	+	8 commits a Class A misdemeanor.
	4581	+	9 (c) It is a defense in a prosecution under this section if a controlled
	4582	+	10 substance is consumed or possessed in accordance with a medical
	4583	+	11 prescription issued by an Indiana physician to the individual who
	4584	+	12 consumes or possesses the controlled substance.
	4585	+	13 SECTION 117. IC 20-28-5-8, AS AMENDED BY P.L.125-2022,
	4586	+	14 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	4587	+	15 JULY 1, 2025]: Sec. 8. (a) This section applies when a prosecuting
	4588	+	16 attorney knows that a licensed employee of a public school or a
	4589	+	17 nonpublic school has been convicted of an offense listed in subsection
	4590	+	18 (c). The prosecuting attorney shall immediately give written notice of
	4591	+	19 the conviction to the following:
	4592	+	20 (1) The secretary of education.
	4593	+	21 (2) Except as provided in subdivision (3), the superintendent of
	4594	+	22 the school corporation that employs the licensed employee or the
	4595	+	23 equivalent authority if a nonpublic school employs the licensed
	4596	+	24 employee.
	4597	+	25 (3) The presiding officer of the governing body of the school
	4598	+	26 corporation that employs the licensed employee, if the convicted
	4599	+	27 licensed employee is the superintendent of the school corporation.
	4600	+	28 (b) The superintendent of a school corporation, presiding officer of
	4601	+	29 the governing body, or equivalent authority for a nonpublic school shall
	4602	+	30 immediately notify the secretary of education when the individual
	4603	+	31 knows that a current or former licensed employee of the public school
	4604	+	32 or nonpublic school has been convicted of an offense listed in
	4605	+	33 subsection (c), or when the governing body or equivalent authority for
	4606	+	34 a nonpublic school takes any final action in relation to an employee
	4607	+	35 who engaged in any offense listed in subsection (c).
	4608	+	36 (c) Except as provided in section 8.5 of this chapter, the department
	4609	+	37 shall permanently revoke the license of a person who is known by the
	4610	+	38 department to have been convicted of any of the following:
	4611	+	39 (1) The following felonies:
	4612	+	40 (A) A sex crime under IC 35-42-4 (including criminal deviate
	4613	+	41 conduct (IC 35-42-4-2) (before its repeal)).
	4614	+	42 (B) Kidnapping (IC 35-42-3-2).
	4615	+	SB 80—LS 6051/DI 112 108
	4616	+	1 (C) Criminal confinement (IC 35-42-3-3).
	4617	+	2 (D) Incest (IC 35-46-1-3).
	4618	+	3 (E) Dealing in or manufacturing cocaine or a narcotic drug (IC
	4619	+	4 35-48-4-1).
	4620	+	5 (F) Dealing in methamphetamine (IC 35-48-4-1.1).
	4621	+	6 (G) Manufacturing methamphetamine (IC 35-48-4-1.2).
	4622	+	7 (H) Dealing in a schedule I, II, or III controlled substance (IC
	4623	+	8 35-48-4-2).
	4624	+	9 (I) Dealing in a schedule IV controlled substance (IC
	4625	+	10 35-48-4-3).
	4626	+	11 (J) Dealing in a schedule V controlled substance (IC
	4627	+	12 35-48-4-4).
	4628	+	13 (K) Dealing in a counterfeit substance (IC 35-48-4-5).
	4629	+	14 (L) Dealing in marijuana, hash oil, hashish, or salvia as a
	4630	+	15 felony (IC 35-48-4-10).
	4631	+	16 (M) An offense under IC 35-48-4 involving the manufacture
	4632	+	17 or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
	4633	+	18 synthetic drug lookalike substance (as defined in
	4634	+	19 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
	4635	+	20 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a
	4636	+	21 controlled substance analog (as defined in IC 35-48-1-9.3),
	4637	+	22 IC 35-48-1.1-8), or a substance represented to be a controlled
	4638	+	23 substance (as described in IC 35-48-4-4.6).
	4639	+	24 (N) Homicide (IC 35-42-1).
	4640	+	25 (O) Voluntary manslaughter (IC 35-42-1-3).
	4641	+	26 (P) Reckless homicide (IC 35-42-1-5).
	4642	+	27 (Q) Battery as any of the following:
	4643	+	28 (i) A Class A felony (for a crime committed before July 1,
	4644	+	29 2014) or a Level 2 felony (for a crime committed after June
	4645	+	30 30, 2014).
	4646	+	31 (ii) A Class B felony (for a crime committed before July 1,
	4647	+	32 2014) or a Level 3 felony (for a crime committed after June
	4648	+	33 30, 2014).
	4649	+	34 (iii) A Class C felony (for a crime committed before July 1,
	4650	+	35 2014) or a Level 5 felony (for a crime committed after June
	4651	+	36 30, 2014).
	4652	+	37 (R) Aggravated battery (IC 35-42-2-1.5).
	4653	+	38 (S) Robbery (IC 35-42-5-1).
	4654	+	39 (T) Carjacking (IC 35-42-5-2) (before its repeal).
	4655	+	40 (U) Arson as a Class A felony or Class B felony (for a crime
	4656	+	41 committed before July 1, 2014) or as a Level 2, Level 3, or
	4657	+	42 Level 4 felony (for a crime committed after June 30, 2014) (IC
	4658	+	SB 80—LS 6051/DI 112 109
	4659	+	1 35-43-1-1(a)).
	4660	+	2 (V) Burglary as a Class A felony or Class B felony (for a crime
	4661	+	3 committed before July 1, 2014) or as a Level 1, Level 2, Level
	4662	+	4 3, or Level 4 felony (for a crime committed after June 30,
	4663	+	5 2014) (IC 35-43-2-1).
	4664	+	6 (W) Human trafficking (IC 35-42-3.5).
	4665	+	7 (X) Dealing in a controlled substance resulting in death (IC
	4666	+	8 35-42-1-1.5).
	4667	+	9 (Y) Attempt under IC 35-41-5-1 to commit an offense listed in
	4668	+	10 this subsection.
	4669	+	11 (Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
	4670	+	12 in this subsection.
	4671	+	13 (2) Public indecency (IC 35-45-4-1) committed:
	4672	+	14 (A) after June 30, 2003; or
	4673	+	15 (B) before July 1, 2003, if the person committed the offense
	4674	+	16 by, in a public place:
	4675	+	17 (i) engaging in sexual intercourse or other sexual conduct
	4676	+	18 (as defined in IC 35-31.5-2-221.5);
	4677	+	19 (ii) appearing in a state of nudity with the intent to arouse
	4678	+	20 the sexual desires of the person or another person, or being
	4679	+	21 at least eighteen (18) years of age, with the intent to be seen
	4680	+	22 by a child less than sixteen (16) years of age; or
	4681	+	23 (iii) fondling the person's genitals or the genitals of another
	4682	+	24 person.
	4683	+	25 (d) The department shall permanently revoke the license of a person
	4684	+	26 who is known by the department to have been convicted of a federal
	4685	+	27 offense or an offense in another state that is comparable to a felony or
	4686	+	28 misdemeanor listed in subsection (c).
	4687	+	29 (e) A license may be suspended by the secretary of education as
	4688	+	30 specified in IC 20-28-7.5.
	4689	+	31 (f) The department shall develop a data base of information on
	4690	+	32 school corporation employees who have been reported to the
	4691	+	33 department under this section.
	4692	+	34 (g) Upon receipt of information from the office of judicial
	4693	+	35 administration in accordance with IC 33-24-6-3 concerning persons
	4694	+	36 convicted of an offense listed in subsection (c), the department shall:
	4695	+	37 (1) cross check the information received from the office of
	4696	+	38 judicial administration with information concerning licensed
	4697	+	39 teachers (as defined in IC 20-18-2-22(b)) maintained by the
	4698	+	40 department; and
	4699	+	41 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
	4700	+	42 convicted of an offense described in subsection (c), revoke the
	4701	+	SB 80—LS 6051/DI 112 110
	4702	+	1 licensed teacher's license.
	4703	+	2 SECTION 118. IC 21-12-6-5, AS AMENDED BY P.L.235-2023,
	4704	+	3 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	4705	+	4 JULY 1, 2025]: Sec. 5. (a) Unless a student qualifies under subsection
	4706	+	5 (b), to qualify to participate in the program, a student must meet the
	4707	+	6 following requirements:
	4708	+	7 (1) Be a resident of Indiana.
	4709	+	8 (2) Be:
	4710	+	9 (A) enrolled in grade 7 or 8 at a:
	4711	+	10 (i) public school; or
	4712	+	11 (ii) nonpublic school that is accredited either by the Indiana
	4713	+	12 state board of education or by a national or regional
	4714	+	13 accrediting agency whose accreditation is accepted as a
	4715	+	14 school improvement plan under IC 20-31-4.1-2; or
	4716	+	15 (B) otherwise qualified under the rules of the commission that
	4717	+	16 are adopted under IC 21-18.5-4-9(2) to include students who
	4718	+	17 are in grades other than grade 8 as eligible students.
	4719	+	18 (3) Be a member of a household with an annual income of not
	4720	+	19 more than the amount required for the individual to qualify for
	4721	+	20 free or reduced priced lunches under the national school lunch
	4722	+	21 program, as determined for the immediately preceding taxable
	4723	+	22 year for the household for which the student was claimed as a
	4724	+	23 dependent.
	4725	+	24 (4) Agree that the student will:
	4726	+	25 (A) graduate from a secondary school located in Indiana that
	4727	+	26 meets the admission criteria of an eligible institution;
	4728	+	27 (B) not illegally use controlled substances (as defined in
	4729	+	28 IC 35-48-1-9); IC 35-48-1.1-7);
	4730	+	29 (C) not commit a crime or an infraction described in
	4731	+	30 IC 9-30-5;
	4732	+	31 (D) not commit any other crime or delinquent act (as described
	4733	+	32 in IC 31-37-1-2 or IC 31-37-2-2 through IC 31-37-2-5 (or
	4734	+	33 IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5) before their
	4735	+	34 repeal));
	4736	+	35 (E) timely apply, when the eligible student is a senior in high
	4737	+	36 school:
	4738	+	37 (i) for admission to an eligible institution; and
	4739	+	38 (ii) for any federal and state student financial assistance
	4740	+	39 available to the eligible student to attend an eligible
	4741	+	40 institution;
	4742	+	41 (F) achieve a cumulative grade point average upon graduation
	4743	+	42 of:
	4744	+	SB 80—LS 6051/DI 112 111
	4745	+	1 (i) at least 2.0, if the student graduates from high school
	4746	+	2 before July 1, 2014; and
	4747	+	3 (ii) at least 2.5, if the student graduates from high school
	4748	+	4 after June 30, 2014;
	4749	+	5 on a 4.0 grading scale (or its equivalent if another grading
	4750	+	6 scale is used) for courses taken during grades 9, 10, 11, and
	4751	+	7 12; and
	4752	+	8 (G) complete an academic success program required under the
	4753	+	9 rules adopted by the commission, if the student initially enrolls
	4754	+	10 in high school after June 30, 2013.
	4755	+	11 (b) A student qualifies to participate in the program if the student:
	4756	+	12 (1) before or during grade 7 or grade 8, is placed by or with the
	4757	+	13 consent of the department of child services, by a court order, or by
	4758	+	14 a child placing agency in:
	4759	+	15 (A) a foster family home;
	4760	+	16 (B) the home of a relative or other unlicensed caretaker;
	4761	+	17 (C) a child caring institution; or
	4762	+	18 (D) a group home;
	4763	+	19 (2) meets the requirements in subsection (a)(1) through (a)(2);
	4764	+	20 and
	4765	+	21 (3) agrees in writing, together with the student's caseworker (as
	4766	+	22 defined in IC 31-9-2-11) or legal guardian, to the conditions set
	4767	+	23 forth in subsection (a)(4).
	4768	+	24 (c) The commission may require that an applicant apply
	4769	+	25 electronically to participate in the program using an online Internet
	4770	+	26 application on the commission's website.
	4771	+	27 SECTION 119. IC 21-12-6-6, AS AMENDED BY P.L.165-2016,
	4772	+	28 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	4773	+	29 JULY 1, 2025]: Sec. 6. (a) A student may apply to the commission for
	4774	+	30 a scholarship. To qualify for a scholarship, the student must meet the
	4775	+	31 following requirements:
	4776	+	32 (1) Be an eligible student who qualified to participate in the
	4777	+	33 program under section 5 of this chapter.
	4778	+	34 (2) Be a resident of Indiana.
	4779	+	35 (3) Be a graduate from a secondary school located in Indiana that
	4780	+	36 meets the admission criteria of an eligible institution and have
	4781	+	37 achieved a cumulative grade point average in high school of:
	4782	+	38 (A) at least 2.0 on a 4.0 grading scale, if the student is
	4783	+	39 expected to graduate from high school before July 1, 2014; and
	4784	+	40 (B) at least 2.5 on a 4.0 grading scale, if the student is
	4785	+	41 expected to graduate from high school after June 30, 2014.
	4786	+	42 (4) Have applied to attend and be accepted to attend as a full-time
	4787	+	SB 80—LS 6051/DI 112 112
	4788	+	1 student an eligible institution.
	4789	+	2 (5) Certify in writing that before the student's graduation from
	4790	+	3 high school the student:
	4791	+	4 (A) did not illegally use controlled substances (as defined in
	4792	+	5 IC 35-48-1-9); IC 35-48-1.1-7);
	4793	+	6 (B) did not illegally consume alcoholic beverages;
	4794	+	7 (C) did not commit any other crime or a delinquent act (as
	4795	+	8 described in IC 31-37-1-2 or IC 31-37-2-2 through
	4796	+	9 IC 31-37-2-5 (or IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5)
	4797	+	10 before their repeal));
	4798	+	11 (D) timely filed an application for other types of financial
	4799	+	12 assistance available to the student from the state or federal
	4800	+	13 government; and
	4801	+	14 (E) completed an academic success program required under
	4802	+	15 the rules adopted by the commission.
	4803	+	16 (6) Submit to the commission all the information and evidence
	4804	+	17 required by the commission to determine eligibility as a
	4805	+	18 scholarship applicant.
	4806	+	19 (7) This subdivision applies only to applicants who initially enroll
	4807	+	20 in the program under section 5 of this chapter or IC 21-12-6.5-2
	4808	+	21 after June 30, 2011. For purposes of this chapter, applicants who
	4809	+	22 are enrolled in the program before July 1, 2011, will not have an
	4810	+	23 income or financial resources test applied to them when they
	4811	+	24 subsequently apply for a scholarship. Have a lack of financial
	4812	+	25 resources reasonably available to the applicant, as defined by the
	4813	+	26 commission, that, in the absence of an award under this chapter,
	4814	+	27 would deter the scholarship applicant from completing the
	4815	+	28 applicant's education at the approved postsecondary educational
	4816	+	29 institution that the applicant has selected and that has accepted
	4817	+	30 the applicant.
	4818	+	31 (8) Meet any other minimum criteria established by the
	4819	+	32 commission.
	4820	+	33 (b) This section applies to an individual who graduates from high
	4821	+	34 school after December 31, 2011. To be eligible for a scholarship under
	4822	+	35 this section, a student must initially attend an eligible institution
	4823	+	36 described in subsection (a)(4) not later than the fall semester (or its
	4824	+	37 equivalent, as determined by the commission) in the year immediately
	4825	+	38 following the year in which the student graduates from high school.
	4826	+	39 SECTION 120. IC 22-4-8-3, AS AMENDED BY P.L.211-2019,
	4827	+	40 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	4828	+	41 JULY 1, 2025]: Sec. 3. "Employment" shall not include the following:
	4829	+	42 (1) Except as provided in section 2(i) of this chapter, service
	4830	+	SB 80—LS 6051/DI 112 113
	4831	+	1 performed prior to January 1, 1978, in the employ of this state,
	4832	+	2 any other state, any town or city, or political subdivision, or any
	4833	+	3 instrumentality of any of them, other than service performed in
	4834	+	4 the employ of a municipally owned public utility as defined in this
	4835	+	5 article; or service performed in the employ of the United States of
	4836	+	6 America, or an instrumentality of the United States immune under
	4837	+	7 the Constitution of the United States from the contributions
	4838	+	8 imposed by this article, except that to the extent that the Congress
	4839	+	9 of the United States shall permit states to require any
	4840	+	10 instrumentalities of the United States to make payments into an
	4841	+	11 unemployment fund under a state unemployment compensation
	4842	+	12 statute, all of the provisions of this article shall be applicable to
	4843	+	13 such instrumentalities, in the same manner, to the same extent,
	4844	+	14 and on the same terms as to all other employers, employing units,
	4845	+	15 individuals, and services. However, if this state shall not be
	4846	+	16 certified for any year by the Secretary of Labor under Section
	4847	+	17 3304 of the Internal Revenue Code the payments required of such
	4848	+	18 instrumentalities with respect to that year shall be refunded by the
	4849	+	19 commissioner from the fund in the same manner and within the
	4850	+	20 same period as is provided in IC 22-4-32-19 with respect to
	4851	+	21 contribution erroneously paid or wrongfully assessed.
	4852	+	22 (2) Service with respect to which unemployment compensation is
	4853	+	23 payable under an unemployment compensation system
	4854	+	24 established by an Act of Congress; however, the department is
	4855	+	25 authorized to enter into agreements with the proper agencies
	4856	+	26 under the Act of Congress which agreements shall become
	4857	+	27 effective ten (10) days after publication, in accordance with rules
	4858	+	28 adopted by the department under IC 4-22-2, to provide reciprocal
	4859	+	29 treatment to individuals who have, after acquiring potential rights
	4860	+	30 to benefits under this article, acquired rights to unemployment
	4861	+	31 compensation under the Act of Congress, or who have, after
	4862	+	32 having acquired potential rights to unemployment compensation
	4863	+	33 under the Act of Congress, acquired rights to benefits under this
	4864	+	34 article.
	4865	+	35 (3) "Agricultural labor" as provided in section 2(l)(1) of this
	4866	+	36 chapter shall include only services performed:
	4867	+	37 (A) on a farm, in the employ of any person, in connection with
	4868	+	38 cultivating the soil or in connection with raising or harvesting
	4869	+	39 any agricultural or horticultural commodity, including the
	4870	+	40 raising, shearing, feeding, caring for, training, and
	4871	+	41 management of livestock, bees, poultry, and furbearing
	4872	+	42 animals and wildlife;
	4873	+	SB 80—LS 6051/DI 112 114
	4874	+	1 (B) in the employ of the owner or tenant or other operator of
	4875	+	2 a farm, in connection with the operation, management,
	4876	+	3 conservation, improvement, or maintenance of a farm and its
	4877	+	4 tools and equipment, or in salvaging timber or clearing land of
	4878	+	5 brush and other debris left by a hurricane, if the major part of
	4879	+	6 the service is performed on a farm;
	4880	+	7 (C) in connection with the production or harvesting of any
	4881	+	8 commodity defined as an agricultural commodity in Section
	4882	+	9 15(g) of the Agricultural Marketing Act (12 U.S.C. 1141j(g))
	4883	+	10 as amended, or in connection with the operation or
	4884	+	11 maintenance of ditches, canals, reservoirs, or waterways, not
	4885	+	12 owned or operated for profit, used exclusively for supplying
	4886	+	13 and storing water for farming purposes;
	4887	+	14 (D) in the employ of:
	4888	+	15 (i) the operator of a farm in handling, planting, drying,
	4889	+	16 packing, packaging, processing, freezing, grading, storing,
	4890	+	17 or delivering to storage or to market or to a carrier for
	4891	+	18 transportation to market, in its unmanufactured state, any
	4892	+	19 agricultural or horticultural commodity; but only if the
	4893	+	20 operator produced more than one-half (1/2) of the
	4894	+	21 commodity with respect to which the service is performed;
	4895	+	22 or
	4896	+	23 (ii) a group of operators of farms (or a cooperative
	4897	+	24 organization of which such operators are members) in the
	4898	+	25 performance of service described in item (i), but only if the
	4899	+	26 operators produce more than one-half (1/2) of the
	4900	+	27 commodity with respect to which the service is performed;
	4901	+	28 except the provisions of items (i) and (ii) shall not be deemed
	4902	+	29 to be applicable with respect to service performed in
	4903	+	30 connection with commercial canning or commercial freezing
	4904	+	31 or in connection with any agricultural or horticultural
	4905	+	32 commodity after its delivery to a terminal market for
	4906	+	33 distribution for consumption; or
	4907	+	34 (E) on a farm operated for profit if the service is not in the
	4908	+	35 course of the employer's trade or business or is domestic
	4909	+	36 service in a private home of the employer.
	4910	+	37 (4) As used in subdivision (3), "farm" includes stock, dairy,
	4911	+	38 poultry, fruit, furbearing animals, and truck farms, nurseries,
	4912	+	39 orchards, greenhouses, or other similar structures used primarily
	4913	+	40 for the raising of agricultural or horticultural commodities.
	4914	+	41 (5) Domestic service in a private home, local college club, or
	4915	+	42 local chapter of a college fraternity or sorority, except as provided
	4916	+	SB 80—LS 6051/DI 112 115
	4917	+	1 in section 2(m) of this chapter.
	4918	+	2 (6) Service performed on or in connection with a vessel or aircraft
	4919	+	3 not an American vessel or American aircraft, if the employee is
	4920	+	4 employed on and in connection with the vessel or aircraft when
	4921	+	5 outside the United States.
	4922	+	6 (7) Service performed by an individual in the employ of child or
	4923	+	7 spouse, and service performed by a child under the age of
	4924	+	8 twenty-one (21) in the employ of a parent.
	4925	+	9 (8) Service not in the course of the employing unit's trade or
	4926	+	10 business performed in any calendar quarter by an individual,
	4927	+	11 unless the cash remuneration paid for the service is fifty dollars
	4928	+	12 ($50) or more and the service is performed by an individual who
	4929	+	13 is regularly employed by the employing unit to perform the
	4930	+	14 service. For the purposes of this subdivision, an individual shall
	4931	+	15 be deemed to be regularly employed to perform service not in the
	4932	+	16 course of an employing unit's trade or business during a calendar
	4933	+	17 quarter only if:
	4934	+	18 (A) on each of some of twenty-four (24) days during the
	4935	+	19 quarter that the individual performs the service for some
	4936	+	20 portion of the day; or
	4937	+	21 (B) the individual was regularly employed (as determined
	4938	+	22 under clause (A)) by an employing unit in the performance of
	4939	+	23 a service during the preceding calendar quarter.
	4940	+	24 (9) Service performed by an individual in any calendar quarter in
	4941	+	25 the employ of any organization exempt from income tax under
	4942	+	26 Section 501 of the Internal Revenue Code (except those services
	4943	+	27 included in sections 2(i) and 2(j) of this chapter) if the
	4944	+	28 remuneration for the service is less than fifty dollars ($50).
	4945	+	29 (10) Service performed in the employ of a hospital, if the service
	4946	+	30 is performed by a patient of the hospital.
	4947	+	31 (11) Service performed in the employ of a school or eligible
	4948	+	32 postsecondary educational institution if the service is performed:
	4949	+	33 (A) by a student who is enrolled and is regularly attending
	4950	+	34 classes at the school or eligible postsecondary educational
	4951	+	35 institution; or
	4952	+	36 (B) by the spouse of a student, if the spouse is advised, at the
	4953	+	37 time the spouse commences to perform the service, that:
	4954	+	38 (i) the employment of the spouse to perform the service is
	4955	+	39 provided under a program to provide financial assistance to
	4956	+	40 the student by the school or eligible postsecondary
	4957	+	41 educational institution; and
	4958	+	42 (ii) the employment will not be covered by any program of
	4959	+	SB 80—LS 6051/DI 112 116
	4960	+	1 unemployment insurance.
	4961	+	2 (12) Service performed by an individual who is enrolled at a
	4962	+	3 nonprofit or public educational institution which normally
	4963	+	4 maintains a regular faculty and curriculum and normally has a
	4964	+	5 regularly organized body of students in attendance at the place
	4965	+	6 where its educational activities are carried on as a student in a
	4966	+	7 full-time program, taken for credit at the institution, which
	4967	+	8 combines academic instruction with work experience, if the
	4968	+	9 service is an integral part of the program, and the institution has
	4969	+	10 so certified to the employer, except that this subdivision shall not
	4970	+	11 apply to service performed in a program established for or on
	4971	+	12 behalf of an employer or group of employers.
	4972	+	13 (13) Service performed in the employ of a government foreign to
	4973	+	14 the United States of America, including service as a consular or
	4974	+	15 other officer or employee or a nondiplomatic representative.
	4975	+	16 (14) Service performed in the employ of an instrumentality
	4976	+	17 wholly owned by a government foreign to that of the United
	4977	+	18 States of America, if the service is of a character similar to that
	4978	+	19 performed in foreign countries by employees of the United States
	4979	+	20 of America or of an instrumentality of the United States of
	4980	+	21 America, and if the department finds that the Secretary of State of
	4981	+	22 the United States has certified to the Secretary of the Treasury of
	4982	+	23 the United States that the government, foreign to the United
	4983	+	24 States, with respect to whose instrumentality exemption is
	4984	+	25 claimed, grants an equivalent exemption with respect to similar
	4985	+	26 service performed in such country by employees of the United
	4986	+	27 States and of instrumentalities of the United States.
	4987	+	28 (15) Service performed as a student nurse in the employ of a
	4988	+	29 hospital or nurses' training school by an individual who is
	4989	+	30 enrolled and is regularly attending classes in a nurses' training
	4990	+	31 school chartered or approved pursuant to state law; and service
	4991	+	32 performed as an intern in the employ of a hospital by an
	4992	+	33 individual who has completed a four (4) year course in a medical
	4993	+	34 school chartered or approved pursuant to state law.
	4994	+	35 (16) Service performed by an individual as an insurance producer
	4995	+	36 or as an insurance solicitor, if all service performed by the
	4996	+	37 individual is performed for remuneration solely by way of
	4997	+	38 commission.
	4998	+	39 (17) Service performed by an individual:
	4999	+	40 (A) under the age of eighteen (18) in the delivery or
	5000	+	41 distribution of newspapers or shopping news, not including
	5001	+	42 delivery or distribution to any point for subsequent delivery or
	5002	+	SB 80—LS 6051/DI 112 117
	5003	+	1 distribution; or
	5004	+	2 (B) in, and at the time of, the sale of newspapers or magazines
	5005	+	3 to ultimate consumers, under an arrangement under which the
	5006	+	4 newspapers or magazines are to be sold by the individual at a
	5007	+	5 fixed price, the individual's compensation being based on the
	5008	+	6 retention of the excess of the price over the amount at which
	5009	+	7 the newspapers or magazines are charged to the individual,
	5010	+	8 whether or not the individual is guaranteed a minimum amount
	5011	+	9 of compensation for the service, or is entitled to be credited
	5012	+	10 with the unsold newspapers or magazines turned back.
	5013	+	11 (18) Service performed in the employ of an international
	5014	+	12 organization to the extent the services are excluded from
	5015	+	13 employment under 26 CFR 31.3306(c)(16).
	5016	+	14 (19) Except as provided in IC 22-4-7-1, services covered by an
	5017	+	15 election duly approved by the agency charged with the
	5018	+	16 administration of any other state or federal unemployment
	5019	+	17 compensation law in accordance with an arrangement pursuant to
	5020	+	18 IC 22-4-22-1 through IC 22-4-22-5, during the effective period of
	5021	+	19 such election.
	5022	+	20 (20) If the service performed during one-half (1/2) or more of any
	5023	+	21 pay period by an individual for an employing unit constitutes
	5024	+	22 employment, all the services of the individual for the period shall
	5025	+	23 be deemed to be employment; but if the services performed
	5026	+	24 during more than one-half (1/2) of any pay period by an
	5027	+	25 individual do not constitute employment, then none of the
	5028	+	26 services of the individual for the period shall be deemed to be
	5029	+	27 employment. As used in this subdivision, "pay period" means a
	5030	+	28 period of not more than thirty-one (31) consecutive days for
	5031	+	29 which a payment of remuneration is ordinarily made to the
	5032	+	30 individual by the employing unit. This subdivision shall not be
	5033	+	31 applicable with respect to services performed in a pay period by
	5034	+	32 any individual where any service is excepted by subdivision (2).
	5035	+	33 (21) Service performed by an inmate of a custodial or penal
	5036	+	34 institution.
	5037	+	35 (22) Service performed as a precinct election officer (as defined
	5038	+	36 in IC 3-5-2-40.1). IC 3-5-2.1-82).
	5039	+	37 (23) Services performed by a direct seller:
	5040	+	38 (A) in the trade or business of:
	5041	+	39 (i) selling, or soliciting the sale of, consumer products or
	5042	+	40 services to any buyer on a buy-sell basis,
	5043	+	41 deposit-commission basis, or similar basis, in any place
	5044	+	42 other than in a permanent retail establishment; or
	5045	+	SB 80—LS 6051/DI 112 118
	5046	+	1 (ii) selling, or soliciting the sale of, consumer products or
	5047	+	2 services in any place other than in a permanent retail
	5048	+	3 establishment;
	5049	+	4 (B) when substantially all the remuneration, whether or not
	5050	+	5 paid in cash, for the performance of the services is directly
	5051	+	6 related to sales or other output, including performance of
	5052	+	7 services, rather than the number of hours worked; and
	5053	+	8 (C) when the services performed by the person are performed
	5054	+	9 pursuant to a written contract and the contract provides that
	5055	+	10 the person who performs the services will not be treated as an
	5056	+	11 employee for tax purposes under the contract.
	5057	+	12 SECTION 121. IC 22-4-15-1, AS AMENDED BY P.L.117-2023,
	5058	+	13 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5059	+	14 JULY 1, 2025]: Sec. 1. (a) Regarding an individual's most recent
	5060	+	15 separation from employment before filing an initial or additional claim
	5061	+	16 for benefits, an individual who voluntarily left the employment without
	5062	+	17 good cause in connection with the work or was discharged from the
	5063	+	18 employment for just cause is ineligible for waiting period or benefit
	5064	+	19 rights for the week in which the disqualifying separation occurred and
	5065	+	20 until:
	5066	+	21 (1) the individual has earned remuneration in employment in at
	5067	+	22 least eight (8) weeks; and
	5068	+	23 (2) the remuneration earned equals or exceeds the product of the
	5069	+	24 weekly benefit amount multiplied by eight (8).
	5070	+	25 If the qualification amount has not been earned at the expiration of an
	5071	+	26 individual's benefit period, the unearned amount shall be carried
	5072	+	27 forward to an extended benefit period or to the benefit period of a
	5073	+	28 subsequent claim.
	5074	+	29 (b) When it has been determined that an individual has been
	5075	+	30 separated from employment under disqualifying conditions as outlined
	5076	+	31 in this section, the maximum benefit amount of the individual's current
	5077	+	32 claim, as initially determined, shall be reduced by an amount
	5078	+	33 determined as follows:
	5079	+	34 (1) For the first separation from employment under disqualifying
	5080	+	35 conditions, the maximum benefit amount of the individual's
	5081	+	36 current claim is equal to the result of:
	5082	+	37 (A) the maximum benefit amount of the individual's current
	5083	+	38 claim, as initially determined; multiplied by
	5084	+	39 (B) seventy-five percent (75%);
	5085	+	40 rounded (if not already a multiple of one dollar ($1)) to the next
	5086	+	41 higher dollar.
	5087	+	42 (2) For the second separation from employment under
	5088	+	SB 80—LS 6051/DI 112 119
	5089	+	1 disqualifying conditions, the maximum benefit amount of the
	5090	+	2 individual's current claim is equal to the result of:
	5091	+	3 (A) the maximum benefit amount of the individual's current
	5092	+	4 claim determined under subdivision (1); multiplied by
	5093	+	5 (B) eighty-five percent (85%);
	5094	+	6 rounded (if not already a multiple of one dollar ($1)) to the next
	5095	+	7 higher dollar.
	5096	+	8 (3) For the third and any subsequent separation from employment
	5097	+	9 under disqualifying conditions, the maximum benefit amount of
	5098	+	10 the individual's current claim is equal to the result of:
	5099	+	11 (A) the maximum benefit amount of the individual's current
	5100	+	12 claim determined under subdivision (2); multiplied by
	5101	+	13 (B) ninety percent (90%);
	5102	+	14 rounded (if not already a multiple of one dollar ($1)) to the next
	5103	+	15 higher dollar.
	5104	+	16 (c) The disqualifications provided in this section shall be subject to
	5105	+	17 the following modifications:
	5106	+	18 (1) An individual shall not be subject to disqualification because
	5107	+	19 of separation from the individual's employment if:
	5108	+	20 (A) the individual left to accept with another employer
	5109	+	21 previously secured permanent full-time work which offered
	5110	+	22 reasonable expectation of continued covered employment and
	5111	+	23 betterment of wages or working conditions and thereafter was
	5112	+	24 employed on said job;
	5113	+	25 (B) having been simultaneously employed by two (2)
	5114	+	26 employers, the individual leaves one (1) such employer
	5115	+	27 voluntarily without good cause in connection with the work
	5116	+	28 but remains in employment with the second employer with a
	5117	+	29 reasonable expectation of continued employment; or
	5118	+	30 (C) the individual left to accept recall made by a base period
	5119	+	31 employer.
	5120	+	32 (2) An individual whose unemployment is the result of medically
	5121	+	33 substantiated physical disability and who is involuntarily
	5122	+	34 unemployed after having made reasonable efforts to maintain the
	5123	+	35 employment relationship shall not be subject to disqualification
	5124	+	36 under this section for such separation.
	5125	+	37 (3) An individual who left work to enter the armed forces of the
	5126	+	38 United States shall not be subject to disqualification under this
	5127	+	39 section for such leaving of work.
	5128	+	40 (4) An individual whose employment is terminated under the
	5129	+	41 compulsory retirement provision of a collective bargaining
	5130	+	42 agreement to which the employer is a party, or under any other
	5131	+	SB 80—LS 6051/DI 112 120
	5132	+	1 plan, system, or program, public or private, providing for
	5133	+	2 compulsory retirement and who is otherwise eligible shall not be
	5134	+	3 deemed to have left the individual's work voluntarily without
	5135	+	4 good cause in connection with the work. However, if such
	5136	+	5 individual subsequently becomes reemployed and thereafter
	5137	+	6 voluntarily leaves work without good cause in connection with the
	5138	+	7 work, the individual shall be deemed ineligible as outlined in this
	5139	+	8 section.
	5140	+	9 (5) An otherwise eligible individual shall not be denied benefits
	5141	+	10 for any week because the individual is in training approved under
	5142	+	11 Section 236(a)(1) of the Trade Act of 1974, nor shall the
	5143	+	12 individual be denied benefits by reason of leaving work to enter
	5144	+	13 such training, provided the work left is not suitable employment,
	5145	+	14 or because of the application to any week in training of provisions
	5146	+	15 in this law (or any applicable federal unemployment
	5147	+	16 compensation law), relating to availability for work, active search
	5148	+	17 for work, or refusal to accept work. For purposes of this
	5149	+	18 subdivision, the term "suitable employment" means with respect
	5150	+	19 to an individual, work of a substantially equal or higher skill level
	5151	+	20 than the individual's past adversely affected employment (as
	5152	+	21 defined for purposes of the Trade Act of 1974), and wages for
	5153	+	22 such work at not less than eighty percent (80%) of the individual's
	5154	+	23 average weekly wage as determined for the purposes of the Trade
	5155	+	24 Act of 1974.
	5156	+	25 (6) An individual is not subject to disqualification because of
	5157	+	26 separation from the individual's employment if:
	5158	+	27 (A) the employment was outside the individual's labor market;
	5159	+	28 (B) the individual left to accept previously secured full-time
	5160	+	29 work with an employer in the individual's labor market; and
	5161	+	30 (C) the individual actually became employed with the
	5162	+	31 employer in the individual's labor market.
	5163	+	32 (7) An individual who, but for the voluntary separation to move
	5164	+	33 to another labor market to join a spouse who had moved to that
	5165	+	34 labor market, shall not be disqualified for that voluntary
	5166	+	35 separation, if the individual is otherwise eligible for benefits.
	5167	+	36 Benefits paid to the spouse whose eligibility is established under
	5168	+	37 this subdivision shall not be charged against the employer from
	5169	+	38 whom the spouse voluntarily separated.
	5170	+	39 (8) An individual shall not be subject to disqualification if the
	5171	+	40 individual voluntarily left employment or was discharged due to
	5172	+	41 circumstances directly caused by domestic or family violence (as
	5173	+	42 defined in IC 31-9-2-42). An individual who may be entitled to
	5174	+	SB 80—LS 6051/DI 112 121
	5175	+	1 benefits based on this modification may apply to the office of the
	5176	+	2 attorney general under IC 5-26.5 to have an address designated by
	5177	+	3 the office of the attorney general to serve as the individual's
	5178	+	4 address for purposes of this article.
	5179	+	5 (9) An individual shall not be subject to disqualification if the
	5180	+	6 individual:
	5181	+	7 (A) has requested an exemption from an employer's
	5182	+	8 COVID-19 immunization requirement;
	5183	+	9 (B) has complied with the requirements set forth in
	5184	+	10 IC 22-5-4.6; and
	5185	+	11 (C) was discharged from employment for failing or refusing to
	5186	+	12 receive an immunization against COVID-19.
	5187	+	13 As used in this subsection, "labor market" means the area surrounding
	5188	+	14 an individual's permanent residence, outside which the individual
	5189	+	15 cannot reasonably commute on a daily basis. In determining whether
	5190	+	16 an individual can reasonably commute under this subdivision, the
	5191	+	17 department shall consider the nature of the individual's job.
	5192	+	18 (d) "Discharge for just cause" as used in this section is defined to
	5193	+	19 include but not be limited to:
	5194	+	20 (1) separation initiated by an employer for falsification of an
	5195	+	21 employment application to obtain employment through
	5196	+	22 subterfuge;
	5197	+	23 (2) knowing violation of a reasonable and uniformly enforced rule
	5198	+	24 of an employer, including a rule regarding attendance;
	5199	+	25 (3) if an employer does not have a rule regarding attendance, an
	5200	+	26 individual's unsatisfactory attendance, if good cause for absences
	5201	+	27 or tardiness is not established;
	5202	+	28 (4) damaging the employer's property through willful negligence;
	5203	+	29 (5) refusing to obey instructions;
	5204	+	30 (6) reporting to work under the influence of alcohol or drugs or
	5205	+	31 consuming alcohol or drugs on employer's premises during
	5206	+	32 working hours;
	5207	+	33 (7) conduct endangering safety of self or coworkers;
	5208	+	34 (8) incarceration in jail following conviction of a misdemeanor or
	5209	+	35 felony by a court of competent jurisdiction; or
	5210	+	36 (9) any breach of duty in connection with work which is
	5211	+	37 reasonably owed an employer by an employee.
	5212	+	38 (e) To verify that domestic or family violence has occurred, an
	5213	+	39 individual who applies for benefits under subsection (c)(8) shall
	5214	+	40 provide one (1) of the following:
	5215	+	41 (1) A report of a law enforcement agency (as defined in
	5216	+	42 IC 10-13-3-10).
	5217	+	SB 80—LS 6051/DI 112 122
	5218	+	1 (2) A protection order issued under IC 34-26-5.
	5219	+	2 (3) A foreign protection order (as defined in IC 34-6-2-48.5).
	5220	+	3 IC 34-6-2.1-76).
	5221	+	4 (4) An affidavit from a domestic violence service provider
	5222	+	5 verifying services provided to the individual by the domestic
	5223	+	6 violence service provider.
	5224	+	7 SECTION 122. IC 22-4-15-6.1, AS AMENDED BY P.L.121-2014,
	5225	+	8 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5226	+	9 JULY 1, 2025]: Sec. 6.1. (a) Notwithstanding any other provisions of
	5227	+	10 this article, all of the individual's wage credits established prior to the
	5228	+	11 day upon which the individual was discharged for gross misconduct in
	5229	+	12 connection with work are canceled.
	5230	+	13 (b) As used in this section, "gross misconduct" means any of the
	5231	+	14 following committed in connection with work, as determined by the
	5232	+	15 department by a preponderance of the evidence:
	5233	+	16 (1) A felony.
	5234	+	17 (2) A Class A misdemeanor.
	5235	+	18 (3) Working, or reporting for work, in a state of intoxication
	5236	+	19 caused by the individual's use of alcohol or a controlled substance
	5237	+	20 (as defined in IC 35-48-1-9). IC 35-48-1.1-7).
	5238	+	21 (4) Battery on another individual while on the employer's property
	5239	+	22 or during working hours.
	5240	+	23 (5) Theft or embezzlement.
	5241	+	24 (6) Fraud.
	5242	+	25 (c) If evidence is presented that an action or requirement of the
	5243	+	26 employer may have caused the conduct that is the basis for the
	5244	+	27 employee's discharge, the conduct is not gross misconduct under this
	5245	+	28 section.
	5246	+	29 (d) Lawful conduct not otherwise prohibited by an employer is not
	5247	+	30 gross misconduct under this section.
	5248	+	31 SECTION 123. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
	5249	+	32 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5250	+	33 JULY 1, 2025]: Sec. 16. (a) A practitioner shall comply with the
	5251	+	34 standards established under this licensing program. A practitioner is
	5252	+	35 subject to the exercise of the disciplinary sanctions under subsection
	5253	+	36 (b) if the department finds that a practitioner has:
	5254	+	37 (1) engaged in or knowingly cooperated in fraud or material
	5255	+	38 deception in order to obtain a license to practice, including
	5256	+	39 cheating on a licensing examination;
	5257	+	40 (2) engaged in fraud or material deception in the course of
	5258	+	41 professional services or activities;
	5259	+	42 (3) advertised services or goods in a false or misleading manner;
	5260	+	SB 80—LS 6051/DI 112 123
	5261	+	1 (4) falsified or knowingly allowed another person to falsify
	5262	+	2 attendance records or certificates of completion of continuing
	5263	+	3 education courses provided under this chapter;
	5264	+	4 (5) been convicted of a crime that has a direct bearing on the
	5265	+	5 practitioner's ability to continue to practice competently;
	5266	+	6 (6) knowingly violated a state statute or rule or federal statute or
	5267	+	7 regulation regulating the profession for which the practitioner is
	5268	+	8 licensed;
	5269	+	9 (7) continued to practice although the practitioner has become
	5270	+	10 unfit to practice due to:
	5271	+	11 (A) professional incompetence;
	5272	+	12 (B) failure to keep abreast of current professional theory or
	5273	+	13 practice;
	5274	+	14 (C) physical or mental disability; or
	5275	+	15 (D) addiction to, abuse of, or severe dependency on alcohol or
	5276	+	16 other drugs that endanger the public by impairing a
	5277	+	17 practitioner's ability to practice safely;
	5278	+	18 (8) engaged in a course of lewd or immoral conduct in connection
	5279	+	19 with the delivery of services to the public;
	5280	+	20 (9) allowed the practitioner's name or a license issued under this
	5281	+	21 chapter to be used in connection with an individual or business
	5282	+	22 who renders services beyond the scope of that individual's or
	5283	+	23 business's training, experience, or competence;
	5284	+	24 (10) had disciplinary action taken against the practitioner or the
	5285	+	25 practitioner's license to practice in another state or jurisdiction on
	5286	+	26 grounds similar to those under this chapter;
	5287	+	27 (11) assisted another person in committing an act that would
	5288	+	28 constitute a ground for disciplinary sanction under this chapter;
	5289	+	29 or
	5290	+	30 (12) allowed a license issued by the department to be:
	5291	+	31 (A) used by another person; or
	5292	+	32 (B) displayed to the public when the license has expired, is
	5293	+	33 inactive, is invalid, or has been revoked or suspended.
	5294	+	34 For purposes of subdivision (10), a certified copy of a record of
	5295	+	35 disciplinary action constitutes prima facie evidence of a disciplinary
	5296	+	36 action in another jurisdiction.
	5297	+	37 (b) The department may impose one (1) or more of the following
	5298	+	38 sanctions if the department finds that a practitioner is subject to
	5299	+	39 disciplinary sanctions under subsection (a):
	5300	+	40 (1) Permanent revocation of a practitioner's license.
	5301	+	41 (2) Suspension of a practitioner's license.
	5302	+	42 (3) Censure of a practitioner.
	5303	+	SB 80—LS 6051/DI 112 124
	5304	+	1 (4) Issuance of a letter of reprimand.
	5305	+	2 (5) Assessment of a civil penalty against the practitioner in
	5306	+	3 accordance with the following:
	5307	+	4 (A) The civil penalty may not be more than one thousand
	5308	+	5 dollars ($1,000) for each violation listed in subsection (a),
	5309	+	6 except for a finding of incompetency due to a physical or
	5310	+	7 mental disability.
	5311	+	8 (B) When imposing a civil penalty, the department shall
	5312	+	9 consider a practitioner's ability to pay the amount assessed. If
	5313	+	10 the practitioner fails to pay the civil penalty within the time
	5314	+	11 specified by the department, the department may suspend the
	5315	+	12 practitioner's license without additional proceedings. However,
	5316	+	13 a suspension may not be imposed if the sole basis for the
	5317	+	14 suspension is the practitioner's inability to pay a civil penalty.
	5318	+	15 (6) Placement of a practitioner on probation status and
	5319	+	16 requirement of the practitioner to:
	5320	+	17 (A) report regularly to the department upon the matters that
	5321	+	18 are the basis of probation;
	5322	+	19 (B) limit practice to those areas prescribed by the department;
	5323	+	20 (C) continue or renew professional education approved by the
	5324	+	21 department until a satisfactory degree of skill has been attained
	5325	+	22 in those areas that are the basis of the probation; or
	5326	+	23 (D) perform or refrain from performing any acts, including
	5327	+	24 community restitution or service without compensation, that
	5328	+	25 the department considers appropriate to the public interest or
	5329	+	26 to the rehabilitation or treatment of the practitioner.
	5330	+	27 The department may withdraw or modify this probation if the
	5331	+	28 department finds after a hearing that the deficiency that required
	5332	+	29 disciplinary action has been remedied or that changed
	5333	+	30 circumstances warrant a modification of the order.
	5334	+	31 (c) If an applicant or a practitioner has engaged in or knowingly
	5335	+	32 cooperated in fraud or material deception to obtain a license to
	5336	+	33 practice, including cheating on the licensing examination, the
	5337	+	34 department may rescind the license if it has been granted, void the
	5338	+	35 examination or other fraudulent or deceptive material, and prohibit the
	5339	+	36 applicant from reapplying for the license for a length of time
	5340	+	37 established by the department.
	5341	+	38 (d) The department may deny licensure to an applicant who has had
	5342	+	39 disciplinary action taken against the applicant or the applicant's license
	5343	+	40 to practice in another state or jurisdiction or who has practiced without
	5344	+	41 a license in violation of the law. A certified copy of the record of
	5345	+	42 disciplinary action is conclusive evidence of the other jurisdiction's
	5346	+	SB 80—LS 6051/DI 112 125
	5347	+	1 disciplinary action.
	5348	+	2 (e) The department may order a practitioner to submit to a
	5349	+	3 reasonable physical or mental examination if the practitioner's physical
	5350	+	4 or mental capacity to practice safely and competently is at issue in a
	5351	+	5 disciplinary proceeding. Failure to comply with a department order to
	5352	+	6 submit to a physical or mental examination makes a practitioner liable
	5353	+	7 to temporary suspension under subsection (j).
	5354	+	8 (f) Except as provided under subsection (g) or (h), a license may not
	5355	+	9 be denied, revoked, or suspended because the applicant or holder has
	5356	+	10 been convicted of an offense. The acts from which the applicant's or
	5357	+	11 holder's conviction resulted may, however, be considered as to whether
	5358	+	12 the applicant or holder should be entrusted to serve the public in a
	5359	+	13 specific capacity.
	5360	+	14 (g) The department may deny, suspend, or revoke a license issued
	5361	+	15 under this chapter if the individual who holds the license is convicted
	5362	+	16 of any of the following:
	5363	+	17 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
	5364	+	18 (2) Possession of methamphetamine under IC 35-48-4-6.1.
	5365	+	19 (3) Possession of a controlled substance under IC 35-48-4-7(a).
	5366	+	20 (4) Fraudulently obtaining a controlled substance under
	5367	+	21 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
	5368	+	22 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
	5369	+	23 (5) Manufacture of paraphernalia as a Class D felony (for a crime
	5370	+	24 committed before July 1, 2014) or a Level 6 felony (for a crime
	5371	+	25 committed after June 30, 2014) under IC 35-48-4-8.1(b).
	5372	+	26 (6) Dealing in paraphernalia as a Class D felony (for a crime
5381	5373		27 committed before July 1, 2014) or a Level 6 felony (for a crime
5382		-	28 committed after June 30, 2014) under IC 35-48-4-8.1(b).
5383		-	29 (6) ~~Dealing in~~ paraphernalia as a Class D felony (for a crime
	5374	+	28 committed after June 30, 2014) under IC 35-48-4-8.5(b).
	5375	+	29 (7) Possession of paraphernalia as a Class D felony (for a crime
5384	5376		30 committed before July 1, 2014) or a Level 6 felony (for a crime
5385		-	31 committed after June 30, 2014) under IC 35-48-4-8.5(b).
5386		-	32 (7) Possession of paraphernalia as a Class D felony (for a crime
5387		-	33 committed before July 1, 2014) or a Level 6 felony (for a crime
5388		-	34 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
5389		-	35 its amendment on July 1, 2015).
5390		-	36 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
5391		-	37 D felony (for a crime committed before July 1, 2014) or a Level
5392		-	38 6 felony (for a crime committed after June 30, 2014) under
5393		-	39 IC 35-48-4-11.
5394		-	40 (9) A felony offense under IC 35-48-4 involving possession of a
5395		-	41 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
5396		-	42 controlled substance analog (as defined in IC 35-48-1-9.3),
5397		-	ES 80—LS 6051/DI 112 126
5398		-	1 IC 35-48-1.1-8), or possession of a synthetic drug lookalike
5399		-	2 substance (as defined in IC 35-31.5-2-321.5 (before its repeal on
5400		-	3 July 1, 2019)) as a:
5401		-	4 (A) Class D felony for a crime committed before July 1, 2014;
5402		-	5 or
5403		-	6 (B) Level 6 felony for a crime committed after June 30, 2014;
5404		-	7 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
5405		-	8 (10) Maintaining a common nuisance under IC 35-48-4-13
5406		-	9 (repealed) or IC 35-45-1-5, if the common nuisance involves a
5407		-	10 controlled substance.
5408		-	11 (11) An offense relating to registration, labeling, and prescription
5409		-	12 forms under IC 35-48-4-14.
5410		-	13 (h) The department shall deny, revoke, or suspend a license issued
5411		-	14 under this chapter if the individual who holds the license is convicted
5412		-	15 of any of the following:
5413		-	16 (1) Dealing in a controlled substance resulting in death under
5414		-	17 IC 35-42-1-1.5.
5415		-	18 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
5416		-	19 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
5417		-	20 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
5418		-	21 (5) Dealing in a schedule I, II, or III controlled substance under
5419		-	22 IC 35-48-4-2.
5420		-	23 (6) Dealing in a schedule IV controlled substance under
5421		-	24 IC 35-48-4-3.
5422		-	25 (7) Dealing in a schedule V controlled substance under
5423		-	26 IC 35-48-4-4.
5424		-	27 (8) Dealing in a substance represented to be a controlled
5425		-	28 substance under IC 35-48-4-4.5 (repealed).
5426		-	29 (9) Knowingly or intentionally manufacturing, advertising,
5427		-	30 distributing, or possessing with intent to manufacture, advertise,
5428		-	31 or distribute a substance represented to be a controlled substance
5429		-	32 under IC 35-48-4-4.6.
5430		-	33 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
5431		-	34 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
5432		-	35 under IC 35-48-4-10.
5433		-	36 (12) An offense under IC 35-48-4 involving the manufacture or
5434		-	37 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
5435		-	38 synthetic drug lookalike substance (as defined in
5436		-	39 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
5437		-	40 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
5438		-	41 substance analog (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8),
5439		-	42 or a substance represented to be a controlled substance (as
5440		-	ES 80—LS 6051/DI 112 127
5441		-	1 described in IC 35-48-4-4.6).
5442		-	2 (13) A violation of any federal or state drug law or rule related to
5443		-	3 wholesale legend drug distributors licensed under IC 25-26-14.
5444		-	4 (i) A decision of the department under subsections (b) through (h)
5445		-	5 may be appealed to the commission under IC 4-21.5-3-7.
5446		-	6 (j) The department may temporarily suspend a practitioner's license
5447		-	7 under IC 4-21.5-4 before a final adjudication or during the appeals
5448		-	8 process if the department finds that a practitioner represents a clear and
5449		-	9 immediate danger to the public's health, safety, or property if the
5450		-	10 practitioner is allowed to continue to practice.
5451		-	11 (k) On receipt of a complaint or an information alleging that a
5452		-	12 person licensed under this chapter has engaged in or is engaging in a
5453		-	13 practice that jeopardizes the public health, safety, or welfare, the
5454		-	14 department shall initiate an investigation against the person.
5455		-	15 (l) Any complaint filed with the office of the attorney general
5456		-	16 alleging a violation of this licensing program shall be referred to the
5457		-	17 department for summary review and for its general information and any
5458		-	18 authorized action at the time of the filing.
5459		-	19 (m) The department shall conduct a fact finding investigation as the
5460		-	20 department considers proper in relation to the complaint.
5461		-	21 (n) The department may reinstate a license that has been suspended
5462		-	22 under this section if, after a hearing, the department is satisfied that the
5463		-	23 applicant is able to practice with reasonable skill, safety, and
5464		-	24 competency to the public. As a condition of reinstatement, the
5465		-	25 department may impose disciplinary or corrective measures authorized
5466		-	26 under this chapter.
5467		-	27 (o) The department may not reinstate a license that has been
5468		-	28 revoked under this chapter. An individual whose license has been
5469		-	29 revoked under this chapter may not apply for a new license until seven
5470		-	30 (7) years after the date of revocation.
5471		-	31 (p) The department shall seek to achieve consistency in the
5472		-	32 application of sanctions authorized in this chapter. Significant
5473		-	33 departures from prior decisions involving similar conduct must be
5474		-	34 explained in the department's findings or orders.
5475		-	35 (q) A practitioner may petition the department to accept the
5476		-	36 surrender of the practitioner's license instead of having a hearing before
5477		-	37 the commission. The practitioner may not surrender the practitioner's
5478		-	38 license without the written approval of the department, and the
5479		-	39 department may impose any conditions appropriate to the surrender or
5480		-	40 reinstatement of a surrendered license.
5481		-	41 (r) A practitioner who has been subjected to disciplinary sanctions
5482		-	42 may be required by the commission to pay the costs of the proceeding.
5483		-	ES 80—LS 6051/DI 112 128
5484		-	1 The practitioner's ability to pay shall be considered when costs are
5485		-	2 assessed. If the practitioner fails to pay the costs, a suspension may not
5486		-	3 be imposed solely upon the practitioner's inability to pay the amount
5487		-	4 assessed. The costs are limited to costs for the following:
5488		-	5 (1) Court reporters.
5489		-	6 (2) Transcripts.
5490		-	7 (3) Certification of documents.
5491		-	8 (4) Photo duplication.
5492		-	9 (5) Witness attendance and mileage fees.
5493		-	10 (6) Postage.
5494		-	11 (7) Expert witnesses.
5495		-	12 (8) Depositions.
5496		-	13 (9) Notarizations.
5497		-	14 SECTION 124. IC 23-17-2-7, AS AMENDED BY P.L.245-2005,
5498		-	15 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5499		-	16 JULY 1, 2025]: Sec. 7. (a) "Corporation" means a public benefit,
5500		-	17 mutual benefit, or religious corporation incorporated under or subject
5501		-	18 to this article.
5502		-	19 (b) The term does not include a foreign corporation.
5503		-	20 (c) For purposes of IC 23-17-24, the term does not include a
5504		-	21 homeowners association (as defined in IC 34-6-2-58). IC 34-6-2.1-87).
5505		-	22 SECTION 125. IC 23-17-21-2, AS AMENDED BY P.L.118-2017,
5506		-	23 SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5507		-	24 JULY 1, 2025]: Sec. 2. (a) A mutual benefit corporation may purchase
5508		-	25 the corporation's memberships if, after the purchase is completed:
5509		-	26 (1) the corporation would be able to pay the corporation's debts as
5510		-	27 the debts become due in the usual course of the corporation's
5511		-	28 activities; and
5512		-	29 (2) the corporation's total assets would at least equal the sum of
5513		-	30 the corporation's total liabilities.
5514		-	31 (b) Corporations may make distributions upon dissolution in
5515		-	32 conformity with IC 23-0.5-6, IC 23-17-22, or IC 23-17-24.
5516		-	33 (c) A corporation may, in conformity with the purposes of the
5517		-	34 corporation, make distributions to and confer benefits on a member or
5518		-	35 an affiliate that is a governmental entity (as defined under
5519		-	36 IC 34-6-2-49) IC 34-6-2.1-77) or a member or an affiliate that is
5520		-	37 another nonprofit domestic or foreign entity if, after any distribution is
5521		-	38 completed:
5522		-	39 (1) the corporation would be able to pay the corporation's debts as
5523		-	40 the debts become due in the usual course of the corporation's
5524		-	41 activities; and
5525		-	42 (2) the corporation's total assets would at least equal the
5526		-	ES 80—LS 6051/DI 112 129
5527		-	1 corporation's total liabilities.
5528		-	2 An affiliate is an entity that directly or indirectly controls, is controlled
5529		-	3 by, or is under common control with the corporation. Control includes
5530		-	4 the power to select the corporation's board of directors.
5531		-	5 (d) Corporations may repay loans or advances in accordance with
5532		-	6 and to the extent authorized under IC 23-17-7-9.
5533		-	7 SECTION 126. IC 24-1-1-5.1, AS ADDED BY P.L.135-2008,
5534		-	8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5535		-	9 JULY 1, 2025]: Sec. 5.1. The attorney general may bring an action on
5536		-	10 behalf of the state or a political subdivision (as defined in
5537		-	11 IC 34-6-2-110) IC 34-6-2.1-155) for injuries or damages sustained
5538		-	12 directly or indirectly as a result of a violation of this chapter.
5539		-	13 SECTION 127. IC 24-1-1-5.2, AS ADDED BY P.L.135-2008,
5540		-	14 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5541		-	15 JULY 1, 2025]: Sec. 5.2. (a) The attorney general may bring an action
5542		-	16 in a county on behalf of the state or a political subdivision (as defined
5543		-	17 in IC 34-6-2-110) IC 34-6-2.1-155) for injuries or damages sustained
5544		-	18 directly or indirectly as a result of a violation of this chapter.
5545		-	19 (b) An action brought under this section may be brought, without
5546		-	20 respect to the amount in controversy, in a circuit or superior court in a
5547		-	21 county in which the defendant resides or is engaged in business, or in
5548		-	22 which service may be obtained.
5549		-	23 (c) The plaintiff in an action brought under this section is entitled
5550		-	24 to recover a penalty of threefold the damages awarded in the action,
5551		-	25 plus reasonable costs and attorney's fees.
5552		-	26 SECTION 128. IC 24-1-2-5.1, AS AMENDED BY P.L.6-2023,
5553		-	27 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5554		-	28 JULY 1, 2025]: Sec. 5.1. (a) The attorney general may bring an action
5555		-	29 on behalf of the state or a political subdivision (as defined in
5556		-	30 IC 34-6-2-110) IC 34-6-2.1-155) for one (1) or more of the following,
5557		-	31 together with the costs and expenses of the suit, including reasonable
5558		-	32 attorney's fees and expert fees, in connection with a violation of this
5559		-	33 chapter:
5560		-	34 (1) Appropriate injunctive or other equitable relief, including
5561		-	35 disgorgement of any gains derived from the violation.
5562		-	36 (2) A civil penalty, as prescribed in subsection (c).
5563		-	37 (3) Injuries or damages sustained directly or indirectly by the state
5564		-	38 or political subdivision as a result of the violation.
5565		-	39 (b) The attorney general may bring an action in the name of the state
5566		-	40 as parens patriae on behalf of one (1) or more natural persons residing
5567		-	41 in Indiana for one (1) or more of the following, together with the costs
5568		-	42 and expenses of the suit, including reasonable attorney's fees and
5569		-	ES 80—LS 6051/DI 112 130
5570		-	1 expert fees, in connection with a violation of this chapter:
5571		-	2 (1) Appropriate injunctive or other equitable relief, including
5572		-	3 disgorgement of any gains derived from the violation.
5573		-	4 (2) A civil penalty, as prescribed in subsection (c).
5574		-	5 (3) Injuries or damages sustained directly or indirectly by the one
5575		-	6 (1) or more natural persons as a result of the violation.
5576		-	7 (c) In an action brought under subsection (a) or (b) after June 30,
5577		-	8 2023, the attorney general may recover a civil penalty of not more than:
5578		-	9 (1) one hundred thousand dollars ($100,000) per violation from
5579		-	10 any natural person who violates this chapter; or
5580		-	11 (2) one million dollars ($1,000,000) from any other person (as
5581		-	12 defined in section 10 of this chapter), other than a natural person,
5582		-	13 that violates this chapter.
5583		-	14 SECTION 129. IC 24-1-3-3.1, AS ADDED BY P.L.135-2008,
	5377	+	31 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
	5378	+	32 its amendment on July 1, 2015).
	5379	+	33 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
	5380	+	34 D felony (for a crime committed before July 1, 2014) or a Level
	5381	+	35 6 felony (for a crime committed after June 30, 2014) under
	5382	+	36 IC 35-48-4-11.
	5383	+	37 (9) A felony offense under IC 35-48-4 involving possession of a
	5384	+	38 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
	5385	+	39 controlled substance analog (as defined in IC 35-48-1-9.3),
	5386	+	40 IC 35-48-1.1-8), or possession of a synthetic drug lookalike
	5387	+	41 substance (as defined in IC 35-31.5-2-321.5 (before its repeal on
	5388	+	42 July 1, 2019)) as a:
	5389	+	SB 80—LS 6051/DI 112 126
	5390	+	1 (A) Class D felony for a crime committed before July 1, 2014;
	5391	+	2 or
	5392	+	3 (B) Level 6 felony for a crime committed after June 30, 2014;
	5393	+	4 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
	5394	+	5 (10) Maintaining a common nuisance under IC 35-48-4-13
	5395	+	6 (repealed) or IC 35-45-1-5, if the common nuisance involves a
	5396	+	7 controlled substance.
	5397	+	8 (11) An offense relating to registration, labeling, and prescription
	5398	+	9 forms under IC 35-48-4-14.
	5399	+	10 (h) The department shall deny, revoke, or suspend a license issued
	5400	+	11 under this chapter if the individual who holds the license is convicted
	5401	+	12 of any of the following:
	5402	+	13 (1) Dealing in a controlled substance resulting in death under
	5403	+	14 IC 35-42-1-1.5.
	5404	+	15 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
	5405	+	16 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
	5406	+	17 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
	5407	+	18 (5) Dealing in a schedule I, II, or III controlled substance under
	5408	+	19 IC 35-48-4-2.
	5409	+	20 (6) Dealing in a schedule IV controlled substance under
	5410	+	21 IC 35-48-4-3.
	5411	+	22 (7) Dealing in a schedule V controlled substance under
	5412	+	23 IC 35-48-4-4.
	5413	+	24 (8) Dealing in a substance represented to be a controlled
	5414	+	25 substance under IC 35-48-4-4.5 (repealed).
	5415	+	26 (9) Knowingly or intentionally manufacturing, advertising,
	5416	+	27 distributing, or possessing with intent to manufacture, advertise,
	5417	+	28 or distribute a substance represented to be a controlled substance
	5418	+	29 under IC 35-48-4-4.6.
	5419	+	30 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
	5420	+	31 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
	5421	+	32 under IC 35-48-4-10.
	5422	+	33 (12) An offense under IC 35-48-4 involving the manufacture or
	5423	+	34 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
	5424	+	35 synthetic drug lookalike substance (as defined in
	5425	+	36 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
	5426	+	37 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
	5427	+	38 substance analog (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8),
	5428	+	39 or a substance represented to be a controlled substance (as
	5429	+	40 described in IC 35-48-4-4.6).
	5430	+	41 (13) A violation of any federal or state drug law or rule related to
	5431	+	42 wholesale legend drug distributors licensed under IC 25-26-14.
	5432	+	SB 80—LS 6051/DI 112 127
	5433	+	1 (i) A decision of the department under subsections (b) through (h)
	5434	+	2 may be appealed to the commission under IC 4-21.5-3-7.
	5435	+	3 (j) The department may temporarily suspend a practitioner's license
	5436	+	4 under IC 4-21.5-4 before a final adjudication or during the appeals
	5437	+	5 process if the department finds that a practitioner represents a clear and
	5438	+	6 immediate danger to the public's health, safety, or property if the
	5439	+	7 practitioner is allowed to continue to practice.
	5440	+	8 (k) On receipt of a complaint or an information alleging that a
	5441	+	9 person licensed under this chapter has engaged in or is engaging in a
	5442	+	10 practice that jeopardizes the public health, safety, or welfare, the
	5443	+	11 department shall initiate an investigation against the person.
	5444	+	12 (l) Any complaint filed with the office of the attorney general
	5445	+	13 alleging a violation of this licensing program shall be referred to the
	5446	+	14 department for summary review and for its general information and any
	5447	+	15 authorized action at the time of the filing.
	5448	+	16 (m) The department shall conduct a fact finding investigation as the
	5449	+	17 department considers proper in relation to the complaint.
	5450	+	18 (n) The department may reinstate a license that has been suspended
	5451	+	19 under this section if, after a hearing, the department is satisfied that the
	5452	+	20 applicant is able to practice with reasonable skill, safety, and
	5453	+	21 competency to the public. As a condition of reinstatement, the
	5454	+	22 department may impose disciplinary or corrective measures authorized
	5455	+	23 under this chapter.
	5456	+	24 (o) The department may not reinstate a license that has been
	5457	+	25 revoked under this chapter. An individual whose license has been
	5458	+	26 revoked under this chapter may not apply for a new license until seven
	5459	+	27 (7) years after the date of revocation.
	5460	+	28 (p) The department shall seek to achieve consistency in the
	5461	+	29 application of sanctions authorized in this chapter. Significant
	5462	+	30 departures from prior decisions involving similar conduct must be
	5463	+	31 explained in the department's findings or orders.
	5464	+	32 (q) A practitioner may petition the department to accept the
	5465	+	33 surrender of the practitioner's license instead of having a hearing before
	5466	+	34 the commission. The practitioner may not surrender the practitioner's
	5467	+	35 license without the written approval of the department, and the
	5468	+	36 department may impose any conditions appropriate to the surrender or
	5469	+	37 reinstatement of a surrendered license.
	5470	+	38 (r) A practitioner who has been subjected to disciplinary sanctions
	5471	+	39 may be required by the commission to pay the costs of the proceeding.
	5472	+	40 The practitioner's ability to pay shall be considered when costs are
	5473	+	41 assessed. If the practitioner fails to pay the costs, a suspension may not
	5474	+	42 be imposed solely upon the practitioner's inability to pay the amount
	5475	+	SB 80—LS 6051/DI 112 128
	5476	+	1 assessed. The costs are limited to costs for the following:
	5477	+	2 (1) Court reporters.
	5478	+	3 (2) Transcripts.
	5479	+	4 (3) Certification of documents.
	5480	+	5 (4) Photo duplication.
	5481	+	6 (5) Witness attendance and mileage fees.
	5482	+	7 (6) Postage.
	5483	+	8 (7) Expert witnesses.
	5484	+	9 (8) Depositions.
	5485	+	10 (9) Notarizations.
	5486	+	11 SECTION 124. IC 23-17-2-7, AS AMENDED BY P.L.245-2005,
	5487	+	12 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5488	+	13 JULY 1, 2025]: Sec. 7. (a) "Corporation" means a public benefit,
	5489	+	14 mutual benefit, or religious corporation incorporated under or subject
	5490	+	15 to this article.
	5491	+	16 (b) The term does not include a foreign corporation.
	5492	+	17 (c) For purposes of IC 23-17-24, the term does not include a
	5493	+	18 homeowners association (as defined in IC 34-6-2-58). IC 34-6-2.1-87).
	5494	+	19 SECTION 125. IC 23-17-21-2, AS AMENDED BY P.L.118-2017,
	5495	+	20 SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5496	+	21 JULY 1, 2025]: Sec. 2. (a) A mutual benefit corporation may purchase
	5497	+	22 the corporation's memberships if, after the purchase is completed:
	5498	+	23 (1) the corporation would be able to pay the corporation's debts as
	5499	+	24 the debts become due in the usual course of the corporation's
	5500	+	25 activities; and
	5501	+	26 (2) the corporation's total assets would at least equal the sum of
	5502	+	27 the corporation's total liabilities.
	5503	+	28 (b) Corporations may make distributions upon dissolution in
	5504	+	29 conformity with IC 23-0.5-6, IC 23-17-22, or IC 23-17-24.
	5505	+	30 (c) A corporation may, in conformity with the purposes of the
	5506	+	31 corporation, make distributions to and confer benefits on a member or
	5507	+	32 an affiliate that is a governmental entity (as defined under
	5508	+	33 IC 34-6-2-49) IC 34-6-2.1-77) or a member or an affiliate that is
	5509	+	34 another nonprofit domestic or foreign entity if, after any distribution is
	5510	+	35 completed:
	5511	+	36 (1) the corporation would be able to pay the corporation's debts as
	5512	+	37 the debts become due in the usual course of the corporation's
	5513	+	38 activities; and
	5514	+	39 (2) the corporation's total assets would at least equal the
	5515	+	40 corporation's total liabilities.
	5516	+	41 An affiliate is an entity that directly or indirectly controls, is controlled
	5517	+	42 by, or is under common control with the corporation. Control includes
	5518	+	SB 80—LS 6051/DI 112 129
	5519	+	1 the power to select the corporation's board of directors.
	5520	+	2 (d) Corporations may repay loans or advances in accordance with
	5521	+	3 and to the extent authorized under IC 23-17-7-9.
	5522	+	4 SECTION 126. IC 24-1-1-5.1, AS ADDED BY P.L.135-2008,
	5523	+	5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5524	+	6 JULY 1, 2025]: Sec. 5.1. The attorney general may bring an action on
	5525	+	7 behalf of the state or a political subdivision (as defined in
	5526	+	8 IC 34-6-2-110) IC 34-6-2.1-155) for injuries or damages sustained
	5527	+	9 directly or indirectly as a result of a violation of this chapter.
	5528	+	10 SECTION 127. IC 24-1-1-5.2, AS ADDED BY P.L.135-2008,
	5529	+	11 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5530	+	12 JULY 1, 2025]: Sec. 5.2. (a) The attorney general may bring an action
	5531	+	13 in a county on behalf of the state or a political subdivision (as defined
	5532	+	14 in IC 34-6-2-110) IC 34-6-2.1-155) for injuries or damages sustained
	5533	+	15 directly or indirectly as a result of a violation of this chapter.
	5534	+	16 (b) An action brought under this section may be brought, without
	5535	+	17 respect to the amount in controversy, in a circuit or superior court in a
	5536	+	18 county in which the defendant resides or is engaged in business, or in
	5537	+	19 which service may be obtained.
	5538	+	20 (c) The plaintiff in an action brought under this section is entitled
	5539	+	21 to recover a penalty of threefold the damages awarded in the action,
	5540	+	22 plus reasonable costs and attorney's fees.
	5541	+	23 SECTION 128. IC 24-1-2-5.1, AS AMENDED BY P.L.6-2023,
	5542	+	24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5543	+	25 JULY 1, 2025]: Sec. 5.1. (a) The attorney general may bring an action
	5544	+	26 on behalf of the state or a political subdivision (as defined in
	5545	+	27 IC 34-6-2-110) IC 34-6-2.1-155) for one (1) or more of the following,
	5546	+	28 together with the costs and expenses of the suit, including reasonable
	5547	+	29 attorney's fees and expert fees, in connection with a violation of this
	5548	+	30 chapter:
	5549	+	31 (1) Appropriate injunctive or other equitable relief, including
	5550	+	32 disgorgement of any gains derived from the violation.
	5551	+	33 (2) A civil penalty, as prescribed in subsection (c).
	5552	+	34 (3) Injuries or damages sustained directly or indirectly by the state
	5553	+	35 or political subdivision as a result of the violation.
	5554	+	36 (b) The attorney general may bring an action in the name of the state
	5555	+	37 as parens patriae on behalf of one (1) or more natural persons residing
	5556	+	38 in Indiana for one (1) or more of the following, together with the costs
	5557	+	39 and expenses of the suit, including reasonable attorney's fees and
	5558	+	40 expert fees, in connection with a violation of this chapter:
	5559	+	41 (1) Appropriate injunctive or other equitable relief, including
	5560	+	42 disgorgement of any gains derived from the violation.
	5561	+	SB 80—LS 6051/DI 112 130
	5562	+	1 (2) A civil penalty, as prescribed in subsection (c).
	5563	+	2 (3) Injuries or damages sustained directly or indirectly by the one
	5564	+	3 (1) or more natural persons as a result of the violation.
	5565	+	4 (c) In an action brought under subsection (a) or (b) after June 30,
	5566	+	5 2023, the attorney general may recover a civil penalty of not more than:
	5567	+	6 (1) one hundred thousand dollars ($100,000) per violation from
	5568	+	7 any natural person who violates this chapter; or
	5569	+	8 (2) one million dollars ($1,000,000) from any other person (as
	5570	+	9 defined in section 10 of this chapter), other than a natural person,
	5571	+	10 that violates this chapter.
	5572	+	11 SECTION 129. IC 24-1-3-3.1, AS ADDED BY P.L.135-2008,
	5573	+	12 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5574	+	13 JULY 1, 2025]: Sec. 3.1. The attorney general may bring an action on
	5575	+	14 behalf of the state or a political subdivision (as defined in
	5576	+	15 IC 34-6-2-110) IC 34-6-2.1-155) for injuries or damages sustained
	5577	+	16 directly or indirectly as a result of a:
	5578	+	17 (1) contract or combination described in section 1 of this chapter;
	5579	+	18 or
	5580	+	19 (2) violation of this chapter.
	5581	+	20 SECTION 130. IC 24-1-4-5, AS ADDED BY P.L.135-2008,
	5582	+	21 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5583	+	22 JULY 1, 2025]: Sec. 5. The attorney general may bring an action on
	5584	+	23 behalf of the state or any political subdivision (as defined in
	5585	+	24 IC 34-6-2-110) IC 34-6-2.1-155) that has been directly or indirectly
	5586	+	25 injured or damaged by:
	5587	+	26 (1) an arrangement, agreement, trust, or combination described in
	5588	+	27 section 1 of this chapter; or
	5589	+	28 (2) any other violation of this chapter.
	5590	+	29 SECTION 131. IC 24-4-21-1, AS AMENDED BY P.L.190-2019,
	5591	+	30 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5592	+	31 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
	5593	+	32 chapter:
	5594	+	33 (1) "Certificate of analysis" means a certificate from an
	5595	+	34 independent testing laboratory describing the results of the
	5596	+	35 laboratory's testing of a sample.
	5597	+	36 (2) "Independent testing laboratory" means a laboratory:
	5598	+	37 (A) with respect to which no person having a direct or indirect
	5599	+	38 interest in the laboratory also has a direct or indirect interest
	5600	+	39 in a facility that:
	5601	+	40 (i) processes, distributes, or sells low THC hemp extract, or
	5602	+	41 a substantially similar substance in another jurisdiction;
	5603	+	42 (ii) cultivates, processes, distributes, dispenses, or sells
	5604	+	SB 80—LS 6051/DI 112 131
	5605	+	1 marijuana; or
	5606	+	2 (iii) cultivates, processes, or distributes hemp; and
	5607	+	3 (B) that is accredited as a testing laboratory to International
	5608	+	4 Organization for Standardization (ISO) 17025 by a third party
	5609	+	5 accrediting body such as the American Association for
	5610	+	6 Laboratory Accreditation (A2LA) or Assured Calibration and
	5611	+	7 Laboratory Accreditation Select Services (ACLASS).
	5612	+	8 (3) "Low THC hemp extract" has the meaning set forth in
	5613	+	9 IC 35-48-1-17.5. IC 35-48-1.1-27.
	5614	+	10 SECTION 132. IC 24-4-22-1, AS AMENDED BY P.L.10-2019,
	5615	+	11 SECTION 106, IS AMENDED TO READ AS FOLLOWS
	5616	+	12 [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this chapter, "low
	5617	+	13 THC hemp extract" has the meaning set forth in IC 35-48-1-17.5.
	5618	+	14 IC 35-48-1.1-27.
	5619	+	15 SECTION 133. IC 24-5-0.5-4, AS AMENDED BY P.L.118-2024,
	5620	+	16 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5621	+	17 JULY 1, 2025] [EFFECTIVE] JULY 1, 2025]: Sec. 4. (a) A person
	5622	+	18 relying upon an uncured or incurable deceptive act may bring an action
	5623	+	19 for the damages actually suffered as a consumer as a result of the
	5624	+	20 deceptive act or five hundred dollars ($500), whichever is greater. The
	5625	+	21 court may increase damages for a willful deceptive act in an amount
	5626	+	22 that does not exceed the greater of:
	5627	+	23 (1) three (3) times the actual damages of the consumer suffering
	5628	+	24 the loss; or
	5629	+	25 (2) one thousand dollars ($1,000).
	5630	+	26 Except as provided in subsection (k), the court may award reasonable
	5631	+	27 attorney's fees to the party that prevails in an action under this
	5632	+	28 subsection. This subsection does not apply to a consumer transaction
	5633	+	29 in real property, including a claim or action involving a construction
	5634	+	30 defect (as defined in IC 32-27-3-1(5)) brought against a construction
	5635	+	31 professional (as defined in IC 32-27-3-1(4)), except for purchases of
	5636	+	32 time shares and camping club memberships. This subsection does not
	5637	+	33 apply with respect to a deceptive act described in section 3(b)(20) of
	5638	+	34 this chapter. This subsection also does not apply to a violation of
	5639	+	35 IC 24-4.7, IC 24-5-12, IC 24-5-14, or IC 24-5-14.5. Actual damages
	5640	+	36 awarded to a person under this section have priority over any civil
	5641	+	37 penalty imposed under this chapter.
	5642	+	38 (b) Any person who is entitled to bring an action under subsection
	5643	+	39 (a) on the person's own behalf against a supplier for damages for a
	5644	+	40 deceptive act may bring a class action against such supplier on behalf
	5645	+	41 of any class of persons of which that person is a member and which has
	5646	+	42 been damaged by such deceptive act, subject to and under the Indiana
	5647	+	SB 80—LS 6051/DI 112 132
	5648	+	1 Rules of Trial Procedure governing class actions, except as herein
	5649	+	2 expressly provided. Except as provided in subsection (k), the court may
	5650	+	3 award reasonable attorney's fees to the party that prevails in a class
	5651	+	4 action under this subsection, provided that such fee shall be determined
	5652	+	5 by the amount of time reasonably expended by the attorney and not by
	5653	+	6 the amount of the judgment, although the contingency of the fee may
	5654	+	7 be considered. Except in the case of an extension of time granted by the
	5655	+	8 attorney general under IC 24-10-2-2(b) in an action subject to IC 24-10,
	5656	+	9 any money or other property recovered in a class action under this
	5657	+	10 subsection which cannot, with due diligence, be restored to consumers
	5658	+	11 within one (1) year after the judgment becomes final shall be returned
	5659	+	12 to the party depositing the same. This subsection does not apply to a
	5660	+	13 consumer transaction in real property, except for purchases of time
	5661	+	14 shares and camping club memberships. This subsection does not apply
	5662	+	15 with respect to a deceptive act described in section 3(b)(20) of this
	5663	+	16 chapter. Actual damages awarded to a class have priority over any civil
	5664	+	17 penalty imposed under this chapter.
	5665	+	18 (c) The attorney general may bring an action to enjoin a deceptive
	5666	+	19 act, including a deceptive act described in section 3(b)(20) of this
	5667	+	20 chapter, notwithstanding subsections (a) and (b). However, the attorney
	5668	+	21 general may seek to enjoin patterns of incurable deceptive acts with
	5669	+	22 respect to consumer transactions in real property. In addition, the court
	5670	+	23 may:
	5671	+	24 (1) issue an injunction;
	5672	+	25 (2) order the supplier to make payment of the money unlawfully
	5673	+	26 received from the aggrieved consumers to be held in escrow for
	5674	+	27 distribution to aggrieved consumers;
	5675	+	28 (3) for a knowing violation against a senior consumer, increase
	5676	+	29 the amount of restitution ordered under subdivision (2) in any
	5677	+	30 amount up to three (3) times the amount of damages incurred or
	5678	+	31 value of property or assets lost;
	5679	+	32 (4) order the supplier to pay to the state the reasonable costs of
	5680	+	33 the attorney general's investigation and prosecution related to the
	5681	+	34 action;
	5682	+	35 (5) provide for the appointment of a receiver; and
	5683	+	36 (6) order the department of state revenue to suspend the supplier's
	5684	+	37 registered retail merchant certificate, subject to the requirements
	5685	+	38 and prohibitions contained in IC 6-2.5-8-7(a)(5), if the court finds
	5686	+	39 that a violation of this chapter involved the sale or solicited sale
	5687	+	40 of a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic
	5688	+	41 drug lookalike substance (as defined in IC 35-31.5-2-321.5
	5689	+	42 (repealed)) (before July 1, 2019), a controlled substance analog
	5690	+	SB 80—LS 6051/DI 112 133
	5691	+	1 (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8), or a substance
	5692	+	2 represented to be a controlled substance (as described in
	5693	+	3 IC 35-48-4-4.6).
	5694	+	4 (d) In an action under subsection (a), (b), or (c), the court may void
	5695	+	5 or limit the application of contracts or clauses resulting from deceptive
	5696	+	6 acts and order restitution to be paid to aggrieved consumers.
	5697	+	7 (e) In any action under subsection (a) or (b), upon the filing of the
	5698	+	8 complaint or on the appearance of any defendant, claimant, or any
	5699	+	9 other party, or at any later time, the trial court, the supreme court, or the
	5700	+	10 court of appeals may require the plaintiff, defendant, claimant, or any
	5701	+	11 other party or parties to give security, or additional security, in such
	5702	+	12 sum as the court shall direct to pay all costs, expenses, and
	5703	+	13 disbursements that shall be awarded against that party or which that
	5704	+	14 party may be directed to pay by any interlocutory order by the final
	5705	+	15 judgment or on appeal.
	5706	+	16 (f) Any person who violates the terms of an injunction issued under
	5707	+	17 subsection (c) shall forfeit and pay to the state a civil penalty of not
	5708	+	18 more than fifteen thousand dollars ($15,000) per violation. For the
	5709	+	19 purposes of this section, the court issuing an injunction shall retain
	5710	+	20 jurisdiction, the cause shall be continued, and the attorney general
	5711	+	21 acting in the name of the state may petition for recovery of civil
	5712	+	22 penalties. Whenever the court determines that an injunction issued
	5713	+	23 under subsection (c) has been violated, the court shall award
	5714	+	24 reasonable costs to the state.
	5715	+	25 (g) If a court finds any person has knowingly violated section 3 or
	5716	+	26 10 of this chapter, other than section 3(b)(19), 3(b)(20), or 3(b)(40) of
	5717	+	27 this chapter, the attorney general, in an action pursuant to subsection
	5718	+	28 (c), may recover from the person on behalf of the state a civil penalty
	5719	+	29 of a fine not exceeding five thousand dollars ($5,000) per violation.
	5720	+	30 (h) If a court finds that a person has violated section 3(b)(19) of this
	5721	+	31 chapter, the attorney general, in an action under subsection (c), may
	5722	+	32 recover from the person on behalf of the state a civil penalty as follows:
	5723	+	33 (1) For a knowing or intentional violation, one thousand five
	5724	+	34 hundred dollars ($1,500).
	5725	+	35 (2) For a violation other than a knowing or intentional violation,
	5726	+	36 five hundred dollars ($500).
	5727	+	37 A civil penalty recovered under this subsection shall be deposited in
	5728	+	38 the consumer protection division telephone solicitation fund
	5729	+	39 established by IC 24-4.7-3-6 to be used for the administration and
	5730	+	40 enforcement of section 3(b)(19) of this chapter.
	5731	+	41 (i) A senior consumer relying upon an uncured or incurable
	5732	+	42 deceptive act, including an act related to hypnotism, may bring an
	5733	+	SB 80—LS 6051/DI 112 134
	5734	+	1 action to recover treble damages, if appropriate.
	5735	+	2 (j) An offer to cure is:
	5736	+	3 (1) not admissible as evidence in a proceeding initiated under this
	5737	+	4 section unless the offer to cure is delivered by a supplier to the
	5738	+	5 consumer or a representative of the consumer before the supplier
	5739	+	6 files the supplier's initial response to a complaint; and
	5740	+	7 (2) only admissible as evidence in a proceeding initiated under
	5741	+	8 this section to prove that a supplier is not liable for attorney's fees
	5742	+	9 under subsection (k).
	5743	+	10 If the offer to cure is timely delivered by the supplier, the supplier may
	5744	+	11 submit the offer to cure as evidence to prove in the proceeding in
	5745	+	12 accordance with the Indiana Rules of Trial Procedure that the supplier
	5746	+	13 made an offer to cure.
	5747	+	14 (k) A supplier may not be held liable for the attorney's fees and
	5748	+	15 court costs of the consumer that are incurred following the timely
	5749	+	16 delivery of an offer to cure as described in subsection (j) unless the
	5750	+	17 actual damages awarded, not including attorney's fees and costs, exceed
	5751	+	18 the value of the offer to cure.
	5752	+	19 (l) If a court finds that a person has knowingly violated section
	5753	+	20 3(b)(20) of this chapter, the attorney general, in an action under
	5754	+	21 subsection (c), may recover from the person on behalf of the state a
	5755	+	22 civil penalty not exceeding one thousand dollars ($1,000) per
	5756	+	23 consumer. In determining the amount of the civil penalty in any action
	5757	+	24 by the attorney general under this subsection, the court shall consider,
	5758	+	25 among other relevant factors, the frequency and persistence of
	5759	+	26 noncompliance by the debt collector, the nature of the noncompliance,
	5760	+	27 and the extent to which the noncompliance was intentional. A person
	5761	+	28 may not be held liable in any action by the attorney general for a
	5762	+	29 violation of section 3(b)(20) of this chapter if the person shows by a
	5763	+	30 preponderance of evidence that the violation was not intentional and
	5764	+	31 resulted from a bona fide error, notwithstanding the maintenance of
	5765	+	32 procedures reasonably adapted to avoid the error. A person may not be
	5766	+	33 held liable in any action for a violation of this chapter for contacting a
	5767	+	34 person other than the debtor, if the contact is made in compliance with
	5768	+	35 the Fair Debt Collection Practices Act.
	5769	+	36 (m) If a court finds that a person has knowingly or intentionally
	5770	+	37 violated section 3(b)(40) of this chapter, the attorney general, in an
	5771	+	38 action under subsection (c), may recover from the person on behalf of
	5772	+	39 the state a civil penalty in accordance with IC 24-5-14.5-12(b). As
	5773	+	40 specified in IC 24-5-14.5-12(b), a civil penalty recovered under
	5774	+	41 IC 24-5-14.5-12(b) shall be deposited in the consumer protection
	5775	+	42 division telephone solicitation fund established by IC 24-4.7-3-6 to be
	5776	+	SB 80—LS 6051/DI 112 135
	5777	+	1 used for the administration and enforcement of IC 24-5-14.5. In
	5778	+	2 addition to the recovery of a civil penalty in accordance with
	5779	+	3 IC 24-5-14.5-12(b), the attorney general may also recover reasonable
	5780	+	4 attorney fees and court costs from the person on behalf of the state.
	5781	+	5 Those funds shall also be deposited in the consumer protection division
	5782	+	6 telephone solicitation fund established by IC 24-4.7-3-6.
	5783	+	7 SECTION 134. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
	5784	+	8 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5785	+	9 JULY 1, 2025]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
	5786	+	10 commission, or a committee may suspend, deny, or revoke a license or
	5787	+	11 certificate issued under this title by the board, the commission, or the
	5788	+	12 committee without an investigation by the office of the attorney general
	5789	+	13 if the individual who holds the license or certificate is convicted of any
	5790	+	14 of the following and the board, commission, or committee determines,
	5791	+	15 after the individual has appeared in person, that the offense affects the
	5792	+	16 individual's ability to perform the duties of the profession:
	5793	+	17 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
	5794	+	18 (2) Possession of methamphetamine under IC 35-48-4-6.1.
	5795	+	19 (3) Possession of a controlled substance under IC 35-48-4-7(a).
	5796	+	20 (4) Fraudulently obtaining a controlled substance under
	5797	+	21 IC 35-48-4-7(c).
	5798	+	22 (5) Manufacture of paraphernalia as a Class D felony (for a crime
	5799	+	23 committed before July 1, 2014) or a Level 6 felony (for a crime
	5800	+	24 committed after June 30, 2014) under IC 35-48-4-8.1(b).
	5801	+	25 (6) Dealing in paraphernalia as a Class D felony (for a crime
	5802	+	26 committed before July 1, 2014) or a Level 6 felony (for a crime
	5803	+	27 committed after June 30, 2014) under IC 35-48-4-8.5(b).
	5804	+	28 (7) Possession of paraphernalia as a Class D felony (for a crime
	5805	+	29 committed before July 1, 2014) or a Level 6 felony (for a crime
	5806	+	30 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
	5807	+	31 its amendment on July 1, 2015).
	5808	+	32 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
	5809	+	33 D felony (for a crime committed before July 1, 2014) or a Level
	5810	+	34 6 felony (for a crime committed after June 30, 2014) under
	5811	+	35 IC 35-48-4-11.
	5812	+	36 (9) A felony offense under IC 35-48-4 involving possession of a
	5813	+	37 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
	5814	+	38 controlled substance analog (as defined in IC 35-48-1-9.3),
	5815	+	39 IC 35-48-1.1-8), or possession of a synthetic drug lookalike
	5816	+	40 substance (as defined in IC 35-31.5-2-321.5 (before its repeal on
	5817	+	41 July 1, 2019)) as a:
	5818	+	42 (A) Class D felony for a crime committed before July 1, 2014;
	5819	+	SB 80—LS 6051/DI 112 136
	5820	+	1 or
	5821	+	2 (B) Level 6 felony for a crime committed after June 30, 2014;
	5822	+	3 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
	5823	+	4 (10) Maintaining a common nuisance under IC 35-48-4-13
	5824	+	5 (repealed) or IC 35-45-1-5, if the common nuisance involves a
	5825	+	6 controlled substance.
	5826	+	7 (11) An offense relating to registration, labeling, and prescription
	5827	+	8 forms under IC 35-48-4-14.
	5828	+	9 (12) A sex crime under IC 35-42-4.
	5829	+	10 (13) A felony that reflects adversely on the individual's fitness to
	5830	+	11 hold a professional license.
	5831	+	12 SECTION 135. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
	5832	+	13 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5833	+	14 JULY 1, 2025]: Sec. 3. A board, a commission, or a committee shall
	5834	+	15 revoke or suspend a license or certificate issued under this title by the
	5835	+	16 board, the commission, or the committee if the individual who holds
	5836	+	17 the license or certificate is convicted of any of the following:
	5837	+	18 (1) Dealing in a controlled substance resulting in death under
	5838	+	19 IC 35-42-1-1.5.
	5839	+	20 (2) Dealing in or manufacturing cocaine or a narcotic drug under
	5840	+	21 IC 35-48-4-1.
	5841	+	22 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
	5842	+	23 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
	5843	+	24 (5) Dealing in a schedule I, II, or III controlled substance under
	5844	+	25 IC 35-48-4-2.
	5845	+	26 (6) Dealing in a schedule IV controlled substance under
	5846	+	27 IC 35-48-4-3.
	5847	+	28 (7) Dealing in a schedule V controlled substance under
	5848	+	29 IC 35-48-4-4.
	5849	+	30 (8) Dealing in a substance represented to be a controlled
	5850	+	31 substance under IC 35-48-4-4.5 (before its repeal on July 1,
	5851	+	32 2019).
	5852	+	33 (9) Knowingly or intentionally manufacturing, advertising,
	5853	+	34 distributing, or possessing with intent to manufacture, advertise,
	5854	+	35 or distribute a substance represented to be a controlled substance
	5855	+	36 under IC 35-48-4-4.6.
	5856	+	37 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
	5857	+	38 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
	5858	+	39 under IC 35-48-4-10.
	5859	+	40 (12) An offense under IC 35-48-4 involving the manufacture or
	5860	+	41 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
	5861	+	42 synthetic drug lookalike substance (as defined in
	5862	+	SB 80—LS 6051/DI 112 137
	5863	+	1 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
	5864	+	2 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
	5865	+	3 substance analog (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8),
	5866	+	4 or a substance represented to be a controlled substance (as
	5867	+	5 described in IC 35-48-4-4.6).
	5868	+	6 (13) A violation of any federal or state drug law or rule related to
	5869	+	7 wholesale legend drug distributors licensed under IC 25-26-14.
	5870	+	8 SECTION 136. IC 25-1-9.3-3, AS ADDED BY P.L.28-2019,
	5871	+	9 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5872	+	10 JULY 1, 2025]: Sec. 3. As used in this chapter, "controlled substance"
	5873	+	11 has the meaning set forth in IC 35-48-1-9. IC 35-48-1.1-7.
	5874	+	12 SECTION 137. IC 25-1-9.5-8, AS AMENDED BY P.L.85-2021,
	5875	+	13 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5876	+	14 JULY 1, 2025]: Sec. 8. (a) A prescriber may issue a prescription to a
	5877	+	15 patient who is receiving services through the use of telehealth if the
	5878	+	16 patient has not been examined previously by the prescriber in person
	5879	+	17 if the following conditions are met:
	5880	+	18 (1) The prescriber has satisfied the applicable standard of care in
	5881	+	19 the treatment of the patient.
	5882	+	20 (2) The issuance of the prescription by the prescriber is within the
	5883	+	21 prescriber's scope of practice and certification.
	5884	+	22 (3) The prescription:
	5885	+	23 (A) meets the requirements of subsection (b); and
	5886	+	24 (B) is not for an opioid. However, an opioid may be prescribed
	5887	+	25 if the opioid is a partial agonist that is used to treat or manage
	5888	+	26 opioid dependence.
	5889	+	27 (4) The prescription is not for an abortion inducing drug (as
	5890	+	28 defined in IC 16-18-2-1.6).
	5891	+	29 (5) If the prescription is for a medical device, including an
	5892	+	30 ophthalmic device, the prescriber must use telehealth technology
	5893	+	31 that is sufficient to allow the provider to make an informed
	5894	+	32 diagnosis and treatment plan that includes the medical device
	5895	+	33 being prescribed. However, a prescription for an ophthalmic
	5896	+	34 device is also subject to the conditions in section 13 of this
	5897	+	35 chapter.
	5898	+	36 (b) Except as provided in subsection (a), a prescriber may issue a
	5899	+	37 prescription for a controlled substance (as defined in IC 35-48-1-9)
	5900	+	38 IC 35-48-1.1-7) to a patient who is receiving services through the use
	5901	+	39 of telehealth, even if the patient has not been examined previously by
	5902	+	40 the prescriber in person, if the following conditions are met:
	5903	+	41 (1) The prescriber maintains a valid controlled substance
	5904	+	42 registration under IC 35-48-3.
	5905	+	SB 80—LS 6051/DI 112 138
	5906	+	1 (2) The prescriber meets the conditions set forth in 21 U.S.C. 829
	5907	+	2 et seq.
	5908	+	3 (3) A practitioner acting in the usual course of the practitioner's
	5909	+	4 professional practices issues the prescription for a legitimate
	5910	+	5 medical purpose.
	5911	+	6 (4) The telehealth communication is conducted using an
	5912	+	7 audiovisual, real time, two-way interactive communication
	5913	+	8 system.
	5914	+	9 (5) The prescriber complies with the requirements of the
	5915	+	10 INSPECT program (IC 25-26-24).
	5916	+	11 (6) All other applicable federal and state laws are followed.
	5917	+	12 (c) A prescription for a controlled substance under this section must
	5918	+	13 be prescribed and dispensed in accordance with IC 25-1-9.3 and
	5919	+	14 IC 25-26-24.
	5920	+	15 SECTION 138. IC 25-1-20-2, AS ADDED BY P.L.166-2021,
	5921	+	16 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5922	+	17 JULY 1, 2025]: Sec. 2. The following definitions apply throughout this
	5923	+	18 chapter:
	5924	+	19 (1) "Arising (or arises) from a (or the) state disaster emergency"
	5925	+	20 means an injury or harm:
	5926	+	21 (A) caused by or resulting from an act or omission performed
	5927	+	22 in response to a state disaster emergency declared under
	5928	+	23 IC 10-14-3-12 to respond to COVID-19; and
	5929	+	24 (B) arising from COVID-19 (as defined by IC 34-6-2-10.4(b)).
	5930	+	25 IC 34-6-2.1-14(b)).
	5931	+	26 (2) "COVID-19" has the meaning set forth in IC 34-6-2-31.4(c).
	5932	+	27 IC 34-6-2.1-40(c).
	5933	+	28 (3) "Health care provider" has the meaning set forth in
	5934	+	29 IC 4-6-14-2.
	5935	+	30 (4) "Health care services" has the meaning set forth in
	5936	+	31 IC 34-6-2-55(b). IC 34-6-2.1-84(b).
	5937	+	32 SECTION 139. IC 25-23-1-19.5, AS AMENDED BY P.L.9-2022,
	5938	+	33 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5939	+	34 JULY 1, 2025]: Sec. 19.5. (a) This section does not apply to certified
	5940	+	35 registered nurse anesthetists.
	5941	+	36 (b) The board shall establish a program under which advanced
	5942	+	37 practice registered nurses who meet the requirements established by
	5943	+	38 the board are authorized to prescribe drugs, including controlled
	5944	+	39 substances (as defined in IC 35-48-1-9) IC 35-48-1.1-7) in accordance
	5945	+	40 with IC 25-1-9.3.
	5946	+	41 (c) The authority granted by the board under this section:
	5947	+	42 (1) expires on October 31 of the odd-numbered year following the
	5948	+	SB 80—LS 6051/DI 112 139
	5949	+	1 year the authority was granted or renewed; and
	5950	+	2 (2) is subject to renewal indefinitely for successive periods of two
	5951	+	3 (2) years.
	5952	+	4 (d) The rules adopted under section 7 of this chapter concerning the
	5953	+	5 authority of advanced practice registered nurses to prescribe drugs
	5954	+	6 must do the following:
	5955	+	7 (1) Require an advanced practice registered nurse or a prospective
	5956	+	8 advanced practice registered nurse who seeks the authority to
	5957	+	9 submit an application to the board.
	5958	+	10 (2) Require an applicant to satisfy the following as a prerequisite
	5959	+	11 to the initial granting of the authority:
	5960	+	12 (A) Meet all the qualifications for licensure as a registered
	5961	+	13 nurse under this article.
	5962	+	14 (B) Successfully complete:
	5963	+	15 (i) education requirements determined by the board to be
	5964	+	16 appropriate to the advanced practice registered nurse's role;
	5965	+	17 and
	5966	+	18 (ii) a graduate level course in pharmacology providing at
	5967	+	19 least two (2) semester hours of academic credit.
	5968	+	20 (C) Either:
	5969	+	21 (i) provide documentation, as requested by the board, that
	5970	+	22 the applicant has graduated before December 31, 1997, from
	5971	+	23 an advanced, organized formal education program
	5972	+	24 appropriate to the practice and that is acceptable to the
	5973	+	25 board; or
	5974	+	26 (ii) complete a graduate, postgraduate, or doctoral advanced
	5975	+	27 practice registered nurse program from an accredited college
	5976	+	28 or university.
	5977	+	29 (3) Establish requirements for an advanced practice registered
	5978	+	30 nurse to comply with national certification or the certification's
	5979	+	31 equivalence, including a portfolio equivalence, appropriate to the
	5980	+	32 advanced practice registered nurse's role.
	5981	+	33 (4) Require, as a condition of the renewal of the authority, the
	5982	+	34 completion by the advanced practice registered nurse of the
	5983	+	35 continuing education requirements set out in section 19.7 of this
	5984	+	36 chapter.
	5985	+	37 SECTION 140. IC 25-24-3-6, AS AMENDED BY P.L.56-2015,
	5986	+	38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5987	+	39 JULY 1, 2025]: Sec. 6. As used in this chapter, "legend drug" has the
	5988	+	40 meaning set forth in IC 16-18-2-199. The term does not include
	5989	+	41 controlled substances (as defined in IC 35-48-1-9) IC 35-48-1.1-7)
	5990	+	42 other than Tramadol (Ultram).
	5991	+	SB 80—LS 6051/DI 112 140
	5992	+	1 SECTION 141. IC 25-26-13-25, AS AMENDED BY P.L.247-2019,
	5993	+	2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	5994	+	3 JULY 1, 2025]: Sec. 25. (a) All original prescriptions, whether in
	5995	+	4 written or electronic format, shall be numbered and maintained in
	5996	+	5 numerical and chronological order, or in a manner approved by the
	5997	+	6 board and accessible for at least two (2) years in the pharmacy. A
	5998	+	7 prescription transmitted from a practitioner by means of
	5999	+	8 communication other than writing must immediately be reduced to
	6000	+	9 writing or recorded in an electronic format by the pharmacist. The files
	6001	+	10 shall be open for inspection to any member of the board or the board's
	6002	+	11 duly authorized agent or representative.
	6003	+	12 (b) A prescription may be electronically transmitted from the
	6004	+	13 practitioner by computer or another electronic device to a pharmacy
	6005	+	14 that is licensed under this article or any other state or territory. An
	6006	+	15 electronic data intermediary that is approved by the board:
	6007	+	16 (1) may transmit the prescription information between the
	6008	+	17 prescribing practitioner and the pharmacy;
	6009	+	18 (2) may archive copies of the electronic information related to the
	6010	+	19 transmissions as necessary for auditing and security purposes; and
	6011	+	20 (3) must maintain patient privacy and confidentiality of all
	6012	+	21 archived information as required by applicable state and federal
	6013	+	22 laws.
	6014	+	23 (c) Except as provided in subsection (d), a prescription for any drug,
	6015	+	24 the label of which bears either the legend, "Caution: Federal law
	6016	+	25 prohibits dispensing without prescription" or "Rx Only", may not be
	6017	+	26 refilled without written, electronically transmitted, or oral authorization
	6018	+	27 of a licensed practitioner.
	6019	+	28 (d) A prescription for any drug, the label of which bears either the
	6020	+	29 legend, "Caution: Federal law prohibits dispensing without
	6021	+	30 prescription" or "Rx Only", may be refilled by a pharmacist without the
	6022	+	31 written, electronically transmitted, or oral authorization of a licensed
	6023	+	32 practitioner if all of the following conditions are met:
	6024	+	33 (1) The pharmacist has made every reasonable effort to contact
	6025	+	34 the original prescribing practitioner or the practitioner's designee
	6026	+	35 for consultation and authorization of the prescription refill.
	6027	+	36 (2) The pharmacist believes that, under the circumstances, failure
	6028	+	37 to provide a refill would be seriously detrimental to the patient's
	6029	+	38 health.
	6030	+	39 (3) The original prescription authorized a refill but a refill would
	6031	+	40 otherwise be invalid for either of the following reasons:
	6032	+	41 (A) All of the authorized refills have been dispensed.
	6033	+	42 (B) The prescription has expired under subsection (h).
	6034	+	SB 80—LS 6051/DI 112 141
	6035	+	1 (4) The prescription for which the patient requests the refill was:
	6036	+	2 (A) originally filled at the pharmacy where the request for a
	6037	+	3 refill is received and the prescription has not been transferred
	6038	+	4 for refills to another pharmacy at any time; or
	6039	+	5 (B) filled at or transferred to another location of the same
	6040	+	6 pharmacy or its affiliate owned by the same parent corporation
	6041	+	7 if the pharmacy filling the prescription has full access to
	6042	+	8 prescription and patient profile information that is
	6043	+	9 simultaneously and continuously updated on the parent
	6044	+	10 corporation's information system.
	6045	+	11 (5) The drug is prescribed for continuous and uninterrupted use
	6046	+	12 and the pharmacist determines that the drug is being taken
	6047	+	13 properly in accordance with IC 25-26-16.
	6048	+	14 (6) The pharmacist shall document the following information
	6049	+	15 regarding the refill:
	6050	+	16 (A) The information required for any refill dispensed under
	6051	+	17 subsection (e).
	6052	+	18 (B) The dates and times that the pharmacist attempted to
	6053	+	19 contact the prescribing practitioner or the practitioner's
	6054	+	20 designee for consultation and authorization of the prescription
	6055	+	21 refill.
	6056	+	22 (C) The fact that the pharmacist dispensed the refill without
	6057	+	23 the authorization of a licensed practitioner.
	6058	+	24 (7) The pharmacist notifies the original prescribing practitioner
	6059	+	25 of the refill and the reason for the refill by the practitioner's next
	6060	+	26 business day after the refill has been made by the pharmacist.
	6061	+	27 (8) Any pharmacist initiated refill under this subsection may not
	6062	+	28 be for more than the quantity on the most recent fill or a thirty
	6063	+	29 (30) day supply, whichever is less.
	6064	+	30 (9) Not more than one (1) pharmacist initiated refill is dispensed
	6065	+	31 under this subsection for a single prescription in a six (6) month
	6066	+	32 period.
	6067	+	33 (10) The drug prescribed is not a controlled substance.
	6068	+	34 A pharmacist may not refill a prescription under this subsection if the
	6069	+	35 practitioner has designated on the prescription form the words "No
	6070	+	36 Emergency Refill".
	6071	+	37 (e) When refilling a prescription, the refill record shall include:
	6072	+	38 (1) the date of the refill;
	6073	+	39 (2) the quantity dispensed if other than the original quantity; and
	6074	+	40 (3) the dispenser's identity on:
	6075	+	41 (A) the original prescription form; or
	6076	+	42 (B) another board approved, uniformly maintained, readily
	6077	+	SB 80—LS 6051/DI 112 142
	6078	+	1 retrievable record.
	6079	+	2 (f) The original prescription form or the other board approved
	6080	+	3 record described in subsection (e) must indicate by the number of the
	6081	+	4 original prescription the following information:
	6082	+	5 (1) The name and dosage form of the drug.
	6083	+	6 (2) The date of each refill.
	6084	+	7 (3) The quantity dispensed.
	6085	+	8 (4) The identity of the pharmacist who dispensed the refill.
	6086	+	9 (5) The total number of refills for that prescription.
	6087	+	10 (g) This subsection does not apply:
	6088	+	11 (1) unless a patient requests a prescription drug supply of more
	6089	+	12 than thirty (30) days;
	6090	+	13 (2) to the dispensing of a controlled substance (as defined in
	6091	+	14 IC 35-48-1-9); IC 35-48-1.1-7); or
	6092	+	15 (3) if a prescriber indicates on the prescription that the quantity of
	6093	+	16 the prescription may not be changed.
	6094	+	17 A pharmacist may dispense, upon request of the patient, personal or
	6095	+	18 legal representative of the patient, or guardian of the patient, not more
	6096	+	19 than a ninety (90) day supply of medication if the patient has completed
	6097	+	20 an initial thirty (30) day supply of the drug therapy and the
	6098	+	21 prescription, including any refills, allows a pharmacist to dispense at
	6099	+	22 least a ninety (90) day supply of the medication. However, a pharmacist
	6100	+	23 shall comply with state and federal laws and regulations concerning the
	6101	+	24 dispensing limitations concerning a prescription drug. The pharmacist
	6102	+	25 shall inform the customer concerning whether the additional supply of
	6103	+	26 the prescription will be covered under the patient's insurance, if
	6104	+	27 applicable.
	6105	+	28 (h) A prescription is valid for not more than one (1) year after the
	6106	+	29 original date of issue.
	6107	+	30 (i) A pharmacist may not knowingly dispense a prescription after
	6108	+	31 the demise of the practitioner, unless in the pharmacist's professional
	6109	+	32 judgment it is in the best interest of the patient's health.
	6110	+	33 (j) A pharmacist may not knowingly dispense a prescription after
	6111	+	34 the demise of the patient.
	6112	+	35 (k) A pharmacist or a pharmacy shall not resell, reuse, or
	6113	+	36 redistribute a medication that is returned to the pharmacy after being
	6114	+	37 dispensed unless the medication:
	6115	+	38 (1) was dispensed to an individual:
	6116	+	39 (A) residing in an institutional facility (as defined in 856
	6117	+	40 IAC 1-28.1-1(6));
	6118	+	41 (B) in a hospice program under IC 16-25; or
	6119	+	42 (C) in a county jail or department of correction facility;
	6120	+	SB 80—LS 6051/DI 112 143
	6121	+	1 (2) was properly stored and securely maintained according to
	6122	+	2 sound pharmacy practices;
	6123	+	3 (3) is returned unopened and:
	6124	+	4 (A) was dispensed in the manufacturer's original:
	6125	+	5 (i) bulk, multiple dose container with an unbroken tamper
	6126	+	6 resistant seal; or
	6127	+	7 (ii) unit dose package; or
	6128	+	8 (B) was packaged by the dispensing pharmacy in a:
	6129	+	9 (i) multiple dose blister container; or
	6130	+	10 (ii) unit dose package;
	6131	+	11 (4) was dispensed by the same pharmacy as the pharmacy
	6132	+	12 accepting the return;
	6133	+	13 (5) is not expired; and
	6134	+	14 (6) is not a controlled substance (as defined in IC 35-48-1-9),
	6135	+	15 IC 35-48-1.1-7), unless the pharmacy holds a Category II permit
	6136	+	16 (as described in section 17 of this chapter).
	6137	+	17 (l) A pharmacist or a pharmacy shall not resell, reuse, or redistribute
	6138	+	18 medical devices or medical supplies used for prescription drug therapy
	6139	+	19 that have been returned to the pharmacy after being dispensed unless
	6140	+	20 the medical devices or medical supplies:
	6141	+	21 (1) were dispensed to an individual in a county jail or department
	6142	+	22 of correction facility;
	6143	+	23 (2) are not expired; and
	6144	+	24 (3) are returned unopened and in the original sealed packaging.
	6145	+	25 (m) A pharmacist may use the pharmacist's professional judgment
	6146	+	26 as to whether to accept medication for return under this section.
	6147	+	27 (n) This subsection does not apply to a controlled substance,
	6148	+	28 compounded drug, or biological product, or if the prescriber has
	6149	+	29 indicated adaptation of a prescription is not permitted. A pharmacist,
	6150	+	30 acting in good faith, exercising reasonable care, and obtaining patient
	6151	+	31 consent, may do the following:
	6152	+	32 (1) Change the quantity of a medication prescribed if:
	6153	+	33 (A) the prescribed quantity or package size is not
	6154	+	34 commercially available;
	6155	+	35 (B) the change in quantity is related to a change in dosage
	6156	+	36 form; or
	6157	+	37 (C) the change in quantity reflects the intended day supply.
	6158	+	38 (2) Change the dosage form of the prescription if it is in the best
	6159	+	39 interest of patient care, if the prescriber's directions are also
	6160	+	40 modified to equate to an equivalent amount of drug dispensed as
	6161	+	41 prescribed.
	6162	+	42 (3) Complete missing information on a prescription if there is
	6163	+	SB 80—LS 6051/DI 112 144
	6164	+	1 sufficient evidence to support the change.
	6165	+	2 (4) Extend a maintenance drug for the limited quantity necessary
	6166	+	3 to coordinate a patient's refills in a medication synchronization
	6167	+	4 program.
	6168	+	5 A pharmacist who adapts a prescription in accordance with this
	6169	+	6 subsection must document the adaptation in the patient's record.
	6170	+	7 (o) A pharmacist who violates subsection (d) commits a Class A
	6171	+	8 infraction.
	6172	+	9 SECTION 142. IC 25-26-24-2.5, AS ADDED BY P.L.264-2019,
	6173	+	10 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6174	+	11 JULY 1, 2025]: Sec. 2.5. As used in this chapter, "controlled
	6175	+	12 substance" has the meaning set forth in IC 35-48-1-9. IC 35-48-1.1-7.
	6176	+	13 The term includes gabapentin.
	6177	+	14 SECTION 143. IC 25-26-26-7, AS ADDED BY P.L.208-2023,
5584	6178		15 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5585		-	16 JULY 1, 2025]: Sec. 3.1. The attorney general may bring an action on
5586		-	17 behalf of the state or a political subdivision (as defined in
5587		-	18 IC 34-6-2-110) IC 34-6-2.1-155) for injuries or damages sustained
5588		-	19 directly or indirectly as a result of a:
5589		-	20 (1) contract or combination described in section 1 of this chapter;
5590		-	21 or
5591		-	22 (2) violation of this chapter.
5592		-	23 SECTION 130. IC 24-1-4-5, AS ADDED BY P.L.135-2008,
5593		-	24 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5594		-	25 JULY 1, 2025]: Sec. 5. The attorney general may bring an action on
5595		-	26 behalf of the state or any political subdivision (as defined in
5596		-	27 IC 34-6-2-110) IC 34-6-2.1-155) that has been directly or indirectly
5597		-	28 injured or damaged by:
5598		-	29 (1) an arrangement, agreement, trust, or combination described in
5599		-	30 section 1 of this chapter; or
5600		-	31 (2) any other violation of this chapter.
5601		-	32 SECTION 131. IC 24-4-21-1, AS AMENDED BY P.L.190-2019,
5602		-	33 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5603		-	34 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
5604		-	35 chapter:
5605		-	36 (1) "Certificate of analysis" means a certificate from an
5606		-	37 independent testing laboratory describing the results of the
5607		-	38 laboratory's testing of a sample.
5608		-	39 (2) "Independent testing laboratory" means a laboratory:
5609		-	40 (A) with respect to which no person having a direct or indirect
5610		-	41 interest in the laboratory also has a direct or indirect interest
5611		-	42 in a facility that:
5612		-	ES 80—LS 6051/DI 112 131
5613		-	1 (i) processes, distributes, or sells low THC hemp extract, or
5614		-	2 a substantially similar substance in another jurisdiction;
5615		-	3 (ii) cultivates, processes, distributes, dispenses, or sells
5616		-	4 marijuana; or
5617		-	5 (iii) cultivates, processes, or distributes hemp; and
5618		-	6 (B) that is accredited as a testing laboratory to International
5619		-	7 Organization for Standardization (ISO) 17025 by a third party
5620		-	8 accrediting body such as the American Association for
5621		-	9 Laboratory Accreditation (A2LA) or Assured Calibration and
5622		-	10 Laboratory Accreditation Select Services (ACLASS).
5623		-	11 (3) "Low THC hemp extract" has the meaning set forth in
5624		-	12 IC 35-48-1-17.5. IC 35-48-1.1-27.
5625		-	13 SECTION 132. IC 24-4-22-1, AS AMENDED BY P.L.10-2019,
5626		-	14 SECTION 106, IS AMENDED TO READ AS FOLLOWS
5627		-	15 [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this chapter, "low
5628		-	16 THC hemp extract" has the meaning set forth in IC 35-48-1-17.5.
5629		-	17 IC 35-48-1.1-27.
5630		-	18 SECTION 133. IC 24-5-0.5-4, AS AMENDED BY P.L.118-2024,
5631		-	19 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5632		-	20 JULY 1, 2025] [EFFECTIVE] JULY 1, 2025]: Sec. 4. (a) A person
5633		-	21 relying upon an uncured or incurable deceptive act may bring an action
5634		-	22 for the damages actually suffered as a consumer as a result of the
5635		-	23 deceptive act or five hundred dollars ($500), whichever is greater. The
5636		-	24 court may increase damages for a willful deceptive act in an amount
5637		-	25 that does not exceed the greater of:
5638		-	26 (1) three (3) times the actual damages of the consumer suffering
5639		-	27 the loss; or
5640		-	28 (2) one thousand dollars ($1,000).
5641		-	29 Except as provided in subsection (k), the court may award reasonable
5642		-	30 attorney's fees to the party that prevails in an action under this
5643		-	31 subsection. This subsection does not apply to a consumer transaction
5644		-	32 in real property, including a claim or action involving a construction
5645		-	33 defect (as defined in IC 32-27-3-1(5)) brought against a construction
5646		-	34 professional (as defined in IC 32-27-3-1(4)), except for purchases of
5647		-	35 time shares and camping club memberships. This subsection does not
5648		-	36 apply with respect to a deceptive act described in section 3(b)(20) of
5649		-	37 this chapter. This subsection also does not apply to a violation of
5650		-	38 IC 24-4.7, IC 24-5-12, IC 24-5-14, or IC 24-5-14.5. Actual damages
5651		-	39 awarded to a person under this section have priority over any civil
5652		-	40 penalty imposed under this chapter.
5653		-	41 (b) Any person who is entitled to bring an action under subsection
5654		-	42 (a) on the person's own behalf against a supplier for damages for a
5655		-	ES 80—LS 6051/DI 112 132
5656		-	1 deceptive act may bring a class action against such supplier on behalf
5657		-	2 of any class of persons of which that person is a member and which has
5658		-	3 been damaged by such deceptive act, subject to and under the Indiana
5659		-	4 Rules of Trial Procedure governing class actions, except as herein
5660		-	5 expressly provided. Except as provided in subsection (k), the court may
5661		-	6 award reasonable attorney's fees to the party that prevails in a class
5662		-	7 action under this subsection, provided that such fee shall be determined
5663		-	8 by the amount of time reasonably expended by the attorney and not by
5664		-	9 the amount of the judgment, although the contingency of the fee may
5665		-	10 be considered. Except in the case of an extension of time granted by the
5666		-	11 attorney general under IC 24-10-2-2(b) in an action subject to IC 24-10,
5667		-	12 any money or other property recovered in a class action under this
5668		-	13 subsection which cannot, with due diligence, be restored to consumers
5669		-	14 within one (1) year after the judgment becomes final shall be returned
5670		-	15 to the party depositing the same. This subsection does not apply to a
5671		-	16 consumer transaction in real property, except for purchases of time
5672		-	17 shares and camping club memberships. This subsection does not apply
5673		-	18 with respect to a deceptive act described in section 3(b)(20) of this
5674		-	19 chapter. Actual damages awarded to a class have priority over any civil
5675		-	20 penalty imposed under this chapter.
5676		-	21 (c) The attorney general may bring an action to enjoin a deceptive
5677		-	22 act, including a deceptive act described in section 3(b)(20) of this
5678		-	23 chapter, notwithstanding subsections (a) and (b). However, the attorney
5679		-	24 general may seek to enjoin patterns of incurable deceptive acts with
5680		-	25 respect to consumer transactions in real property. In addition, the court
5681		-	26 may:
5682		-	27 (1) issue an injunction;
5683		-	28 (2) order the supplier to make payment of the money unlawfully
5684		-	29 received from the aggrieved consumers to be held in escrow for
5685		-	30 distribution to aggrieved consumers;
5686		-	31 (3) for a knowing violation against a senior consumer, increase
5687		-	32 the amount of restitution ordered under subdivision (2) in any
5688		-	33 amount up to three (3) times the amount of damages incurred or
5689		-	34 value of property or assets lost;
5690		-	35 (4) order the supplier to pay to the state the reasonable costs of
5691		-	36 the attorney general's investigation and prosecution related to the
5692		-	37 action;
5693		-	38 (5) provide for the appointment of a receiver; and
5694		-	39 (6) order the department of state revenue to suspend the supplier's
5695		-	40 registered retail merchant certificate, subject to the requirements
5696		-	41 and prohibitions contained in IC 6-2.5-8-7(a)(5), if the court finds
5697		-	42 that a violation of this chapter involved the sale or solicited sale
5698		-	ES 80—LS 6051/DI 112 133
5699		-	1 of a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic
5700		-	2 drug lookalike substance (as defined in IC 35-31.5-2-321.5
5701		-	3 (repealed)) (before July 1, 2019), a controlled substance analog
5702		-	4 (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8), or a substance
5703		-	5 represented to be a controlled substance (as described in
5704		-	6 IC 35-48-4-4.6).
5705		-	7 (d) In an action under subsection (a), (b), or (c), the court may void
5706		-	8 or limit the application of contracts or clauses resulting from deceptive
5707		-	9 acts and order restitution to be paid to aggrieved consumers.
5708		-	10 (e) In any action under subsection (a) or (b), upon the filing of the
5709		-	11 complaint or on the appearance of any defendant, claimant, or any
5710		-	12 other party, or at any later time, the trial court, the supreme court, or the
5711		-	13 court of appeals may require the plaintiff, defendant, claimant, or any
5712		-	14 other party or parties to give security, or additional security, in such
5713		-	15 sum as the court shall direct to pay all costs, expenses, and
5714		-	16 disbursements that shall be awarded against that party or which that
5715		-	17 party may be directed to pay by any interlocutory order by the final
5716		-	18 judgment or on appeal.
5717		-	19 (f) Any person who violates the terms of an injunction issued under
5718		-	20 subsection (c) shall forfeit and pay to the state a civil penalty of not
5719		-	21 more than fifteen thousand dollars ($15,000) per violation. For the
5720		-	22 purposes of this section, the court issuing an injunction shall retain
5721		-	23 jurisdiction, the cause shall be continued, and the attorney general
5722		-	24 acting in the name of the state may petition for recovery of civil
5723		-	25 penalties. Whenever the court determines that an injunction issued
5724		-	26 under subsection (c) has been violated, the court shall award
5725		-	27 reasonable costs to the state.
5726		-	28 (g) If a court finds any person has knowingly violated section 3 or
5727		-	29 10 of this chapter, other than section 3(b)(19), 3(b)(20), or 3(b)(40) of
5728		-	30 this chapter, the attorney general, in an action pursuant to subsection
5729		-	31 (c), may recover from the person on behalf of the state a civil penalty
5730		-	32 of a fine not exceeding five thousand dollars ($5,000) per violation.
5731		-	33 (h) If a court finds that a person has violated section 3(b)(19) of this
5732		-	34 chapter, the attorney general, in an action under subsection (c), may
5733		-	35 recover from the person on behalf of the state a civil penalty as follows:
5734		-	36 (1) For a knowing or intentional violation, one thousand five
5735		-	37 hundred dollars ($1,500).
5736		-	38 (2) For a violation other than a knowing or intentional violation,
5737		-	39 five hundred dollars ($500).
5738		-	40 A civil penalty recovered under this subsection shall be deposited in
5739		-	41 the consumer protection division telephone solicitation fund
5740		-	42 established by IC 24-4.7-3-6 to be used for the administration and
5741		-	ES 80—LS 6051/DI 112 134
5742		-	1 enforcement of section 3(b)(19) of this chapter.
5743		-	2 (i) A senior consumer relying upon an uncured or incurable
5744		-	3 deceptive act, including an act related to hypnotism, may bring an
5745		-	4 action to recover treble damages, if appropriate.
5746		-	5 (j) An offer to cure is:
5747		-	6 (1) not admissible as evidence in a proceeding initiated under this
5748		-	7 section unless the offer to cure is delivered by a supplier to the
5749		-	8 consumer or a representative of the consumer before the supplier
5750		-	9 files the supplier's initial response to a complaint; and
5751		-	10 (2) only admissible as evidence in a proceeding initiated under
5752		-	11 this section to prove that a supplier is not liable for attorney's fees
5753		-	12 under subsection (k).
5754		-	13 If the offer to cure is timely delivered by the supplier, the supplier may
5755		-	14 submit the offer to cure as evidence to prove in the proceeding in
5756		-	15 accordance with the Indiana Rules of Trial Procedure that the supplier
5757		-	16 made an offer to cure.
5758		-	17 (k) A supplier may not be held liable for the attorney's fees and
5759		-	18 court costs of the consumer that are incurred following the timely
5760		-	19 delivery of an offer to cure as described in subsection (j) unless the
5761		-	20 actual damages awarded, not including attorney's fees and costs, exceed
5762		-	21 the value of the offer to cure.
5763		-	22 (l) If a court finds that a person has knowingly violated section
5764		-	23 3(b)(20) of this chapter, the attorney general, in an action under
5765		-	24 subsection (c), may recover from the person on behalf of the state a
5766		-	25 civil penalty not exceeding one thousand dollars ($1,000) per
5767		-	26 consumer. In determining the amount of the civil penalty in any action
5768		-	27 by the attorney general under this subsection, the court shall consider,
5769		-	28 among other relevant factors, the frequency and persistence of
5770		-	29 noncompliance by the debt collector, the nature of the noncompliance,
5771		-	30 and the extent to which the noncompliance was intentional. A person
5772		-	31 may not be held liable in any action by the attorney general for a
5773		-	32 violation of section 3(b)(20) of this chapter if the person shows by a
5774		-	33 preponderance of evidence that the violation was not intentional and
5775		-	34 resulted from a bona fide error, notwithstanding the maintenance of
5776		-	35 procedures reasonably adapted to avoid the error. A person may not be
5777		-	36 held liable in any action for a violation of this chapter for contacting a
5778		-	37 person other than the debtor, if the contact is made in compliance with
5779		-	38 the Fair Debt Collection Practices Act.
5780		-	39 (m) If a court finds that a person has knowingly or intentionally
5781		-	40 violated section 3(b)(40) of this chapter, the attorney general, in an
5782		-	41 action under subsection (c), may recover from the person on behalf of
5783		-	42 the state a civil penalty in accordance with IC 24-5-14.5-12(b). As
5784		-	ES 80—LS 6051/DI 112 135
5785		-	1 specified in IC 24-5-14.5-12(b), a civil penalty recovered under
5786		-	2 IC 24-5-14.5-12(b) shall be deposited in the consumer protection
5787		-	3 division telephone solicitation fund established by IC 24-4.7-3-6 to be
5788		-	4 used for the administration and enforcement of IC 24-5-14.5. In
5789		-	5 addition to the recovery of a civil penalty in accordance with
5790		-	6 IC 24-5-14.5-12(b), the attorney general may also recover reasonable
5791		-	7 attorney fees and court costs from the person on behalf of the state.
5792		-	8 Those funds shall also be deposited in the consumer protection division
5793		-	9 telephone solicitation fund established by IC 24-4.7-3-6.
5794		-	10 SECTION 134. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
5795		-	11 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5796		-	12 JULY 1, 2025]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
5797		-	13 commission, or a committee may suspend, deny, or revoke a license or
5798		-	14 certificate issued under this title by the board, the commission, or the
5799		-	15 committee without an investigation by the office of the attorney general
5800		-	16 if the individual who holds the license or certificate is convicted of any
5801		-	17 of the following and the board, commission, or committee determines,
5802		-	18 after the individual has appeared in person, that the offense affects the
5803		-	19 individual's ability to perform the duties of the profession:
5804		-	20 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
5805		-	21 (2) Possession of methamphetamine under IC 35-48-4-6.1.
5806		-	22 (3) Possession of a controlled substance under IC 35-48-4-7(a).
5807		-	23 (4) Fraudulently obtaining a controlled substance under
5808		-	24 IC 35-48-4-7(c).
5809		-	25 (5) Manufacture of paraphernalia as a Class D felony (for a crime
5810		-	26 committed before July 1, 2014) or a Level 6 felony (for a crime
5811		-	27 committed after June 30, 2014) under IC 35-48-4-8.1(b).
5812		-	28 (6) Dealing in paraphernalia as a Class D felony (for a crime
5813		-	29 committed before July 1, 2014) or a Level 6 felony (for a crime
5814		-	30 committed after June 30, 2014) under IC 35-48-4-8.5(b).
5815		-	31 (7) Possession of paraphernalia as a Class D felony (for a crime
5816		-	32 committed before July 1, 2014) or a Level 6 felony (for a crime
5817		-	33 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
5818		-	34 its amendment on July 1, 2015).
5819		-	35 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
5820		-	36 D felony (for a crime committed before July 1, 2014) or a Level
5821		-	37 6 felony (for a crime committed after June 30, 2014) under
5822		-	38 IC 35-48-4-11.
5823		-	39 (9) A felony offense under IC 35-48-4 involving possession of a
5824		-	40 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
5825		-	41 controlled substance analog (as defined in IC 35-48-1-9.3),
5826		-	42 IC 35-48-1.1-8), or possession of a synthetic drug lookalike
5827		-	ES 80—LS 6051/DI 112 136
5828		-	1 substance (as defined in IC 35-31.5-2-321.5 (before its repeal on
5829		-	2 July 1, 2019)) as a:
5830		-	3 (A) Class D felony for a crime committed before July 1, 2014;
5831		-	4 or
5832		-	5 (B) Level 6 felony for a crime committed after June 30, 2014;
5833		-	6 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
5834		-	7 (10) Maintaining a common nuisance under IC 35-48-4-13
5835		-	8 (repealed) or IC 35-45-1-5, if the common nuisance involves a
5836		-	9 controlled substance.
5837		-	10 (11) An offense relating to registration, labeling, and prescription
5838		-	11 forms under IC 35-48-4-14.
5839		-	12 (12) A sex crime under IC 35-42-4.
5840		-	13 (13) A felony that reflects adversely on the individual's fitness to
5841		-	14 hold a professional license.
5842		-	15 SECTION 135. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
5843		-	16 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5844		-	17 JULY 1, 2025]: Sec. 3. A board, a commission, or a committee shall
5845		-	18 revoke or suspend a license or certificate issued under this title by the
5846		-	19 board, the commission, or the committee if the individual who holds
5847		-	20 the license or certificate is convicted of any of the following:
5848		-	21 (1) Dealing in a controlled substance resulting in death under
5849		-	22 IC 35-42-1-1.5.
5850		-	23 (2) Dealing in or manufacturing cocaine or a narcotic drug under
5851		-	24 IC 35-48-4-1.
5852		-	25 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
5853		-	26 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
5854		-	27 (5) Dealing in a schedule I, II, or III controlled substance under
5855		-	28 IC 35-48-4-2.
5856		-	29 (6) Dealing in a schedule IV controlled substance under
5857		-	30 IC 35-48-4-3.
5858		-	31 (7) Dealing in a schedule V controlled substance under
5859		-	32 IC 35-48-4-4.
5860		-	33 (8) Dealing in a substance represented to be a controlled
5861		-	34 substance under IC 35-48-4-4.5 (before its repeal on July 1,
5862		-	35 2019).
5863		-	36 (9) Knowingly or intentionally manufacturing, advertising,
5864		-	37 distributing, or possessing with intent to manufacture, advertise,
5865		-	38 or distribute a substance represented to be a controlled substance
5866		-	39 under IC 35-48-4-4.6.
5867		-	40 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
5868		-	41 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
5869		-	42 under IC 35-48-4-10.
5870		-	ES 80—LS 6051/DI 112 137
5871		-	1 (12) An offense under IC 35-48-4 involving the manufacture or
5872		-	2 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
5873		-	3 synthetic drug lookalike substance (as defined in
5874		-	4 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
5875		-	5 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
5876		-	6 substance analog (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8),
5877		-	7 or a substance represented to be a controlled substance (as
5878		-	8 described in IC 35-48-4-4.6).
5879		-	9 (13) A violation of any federal or state drug law or rule related to
5880		-	10 wholesale legend drug distributors licensed under IC 25-26-14.
5881		-	11 SECTION 136. IC 25-1-9.3-3, AS ADDED BY P.L.28-2019,
5882		-	12 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5883		-	13 JULY 1, 2025]: Sec. 3. As used in this chapter, "controlled substance"
5884		-	14 has the meaning set forth in IC 35-48-1-9. IC 35-48-1.1-7.
5885		-	15 SECTION 137. IC 25-1-9.5-8, AS AMENDED BY P.L.85-2021,
5886		-	16 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5887		-	17 JULY 1, 2025]: Sec. 8. (a) A prescriber may issue a prescription to a
5888		-	18 patient who is receiving services through the use of telehealth if the
5889		-	19 patient has not been examined previously by the prescriber in person
5890		-	20 if the following conditions are met:
5891		-	21 (1) The prescriber has satisfied the applicable standard of care in
5892		-	22 the treatment of the patient.
5893		-	23 (2) The issuance of the prescription by the prescriber is within the
5894		-	24 prescriber's scope of practice and certification.
5895		-	25 (3) The prescription:
5896		-	26 (A) meets the requirements of subsection (b); and
5897		-	27 (B) is not for an opioid. However, an opioid may be prescribed
5898		-	28 if the opioid is a partial agonist that is used to treat or manage
5899		-	29 opioid dependence.
5900		-	30 (4) The prescription is not for an abortion inducing drug (as
5901		-	31 defined in IC 16-18-2-1.6).
5902		-	32 (5) If the prescription is for a medical device, including an
5903		-	33 ophthalmic device, the prescriber must use telehealth technology
5904		-	34 that is sufficient to allow the provider to make an informed
5905		-	35 diagnosis and treatment plan that includes the medical device
5906		-	36 being prescribed. However, a prescription for an ophthalmic
5907		-	37 device is also subject to the conditions in section 13 of this
5908		-	38 chapter.
5909		-	39 (b) Except as provided in subsection (a), a prescriber may issue a
5910		-	40 prescription for a controlled substance (as defined in IC 35-48-1-9)
5911		-	41 IC 35-48-1.1-7) to a patient who is receiving services through the use
5912		-	42 of telehealth, even if the patient has not been examined previously by
5913		-	ES 80—LS 6051/DI 112 138
5914		-	1 the prescriber in person, if the following conditions are met:
5915		-	2 (1) The prescriber maintains a valid controlled substance
5916		-	3 registration under IC 35-48-3.
5917		-	4 (2) The prescriber meets the conditions set forth in 21 U.S.C. 829
5918		-	5 et seq.
5919		-	6 (3) A practitioner acting in the usual course of the practitioner's
5920		-	7 professional practices issues the prescription for a legitimate
5921		-	8 medical purpose.
5922		-	9 (4) The telehealth communication is conducted using an
5923		-	10 audiovisual, real time, two-way interactive communication
5924		-	11 system.
5925		-	12 (5) The prescriber complies with the requirements of the
5926		-	13 INSPECT program (IC 25-26-24).
5927		-	14 (6) All other applicable federal and state laws are followed.
5928		-	15 (c) A prescription for a controlled substance under this section must
5929		-	16 be prescribed and dispensed in accordance with IC 25-1-9.3 and
5930		-	17 IC 25-26-24.
5931		-	18 SECTION 138. IC 25-1-20-2, AS ADDED BY P.L.166-2021,
	6179	+	16 JULY 1, 2025]: Sec. 7. (a) As used in this chapter, "prescription drug"
	6180	+	17 means a drug, as defined in IC 25-26-13-2, that requires a prescription
	6181	+	18 before being dispensed or administered to a patient.
	6182	+	19 (b) The term does not include:
	6183	+	20 (1) an abortion inducing drug (as defined in IC 16-18-2-1.6); or
	6184	+	21 (2) controlled substances (as defined in IC 35-48-1-9).
	6185	+	22 IC 35-48-1.1-7).
	6186	+	23 SECTION 144. IC 25-29-7-1 IS AMENDED TO READ AS
	6187	+	24 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. If after a physical or
	6188	+	25 mental examination under IC 25-1-9-7 and a hearing, the board
	6189	+	26 determines that a podiatrist is impaired from practicing podiatric
	6190	+	27 medicine with reasonable skill and safety because of a mental illness,
	6191	+	28 a physical illness, or an excessive use or habitual abuse of a controlled
	6192	+	29 substance (as defined in IC 35-48-1-9) IC 35-48-1.1-7) or alcohol the
	6193	+	30 board may impose any of the following, singly or in combination:
	6194	+	31 (1) Require the podiatrist to submit to care, counseling, or
	6195	+	32 treatment that is acceptable to the board.
	6196	+	33 (2) Suspend, limit, or restrict the podiatrist's license for the
	6197	+	34 duration of the impairment.
	6198	+	35 (3) Revoke the podiatrist's license.
	6199	+	36 SECTION 145. IC 27-1-29-4 IS AMENDED TO READ AS
	6200	+	37 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. As used in this
	6201	+	38 chapter, "political subdivision" has the meaning set forth in
	6202	+	39 IC 34-6-2-110. IC 34-6-2.1-155.
	6203	+	40 SECTION 146. IC 27-1-29.1-5 IS AMENDED TO READ AS
	6204	+	41 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. As used in this
	6205	+	42 chapter, "political subdivision" has the meaning set forth in
	6206	+	SB 80—LS 6051/DI 112 145
	6207	+	1 IC 34-6-2-110. IC 34-6-2.1-155.
	6208	+	2 SECTION 147. IC 27-1-45.5-2, AS ADDED BY P.L.117-2021,
	6209	+	3 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6210	+	4 JULY 1, 2025]: Sec. 2. As used in this chapter, "political subdivision"
	6211	+	5 has the meaning set forth in IC 34-6-2-110. IC 34-6-2.1-155.
	6212	+	6 SECTION 148. IC 27-13-31-2 IS AMENDED TO READ AS
	6213	+	7 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) As used in this
	6214	+	8 section, "in good faith and without malice" when used to describe an
	6215	+	9 action taken or a decision or recommendation made means that:
	6216	+	10 (1) a reasonable effort has been taken to obtain the facts of the
	6217	+	11 matter;
	6218	+	12 (2) a reasonable belief exists that the action, decision, or
	6219	+	13 recommendation is warranted by the facts known; and
	6220	+	14 (3) if the action is described in IC 34-30-15-7, the action is made
	6221	+	15 in compliance with IC 34-30-15-7.
	6222	+	16 (b) As used in this section, "health care review committee" means
	6223	+	17 a peer review committee under IC 34-6-2-99 IC 34-6-2.1-145 (or
	6224	+	18 IC 34-4-12.6-1(c) before its repeal).
	6225	+	19 (c) In all actions to which this section applies, good faith shall be
	6226	+	20 presumed and malice shall be required to be proven by the person
	6227	+	21 aggrieved.
	6228	+	22 (d) A person who, in good faith and without malice:
	6229	+	23 (1) takes any action or makes a decision or recommendation as a
	6230	+	24 member, an agent, or an employee of a health care review
	6231	+	25 committee; or
	6232	+	26 (2) furnishes any record, information, or assistance to a health
	6233	+	27 care review committee;
	6234	+	28 is not subject to liability for damages in any legal action in
	6235	+	29 consequence of that action.
	6236	+	30 (e) Neither:
	6237	+	31 (1) the health maintenance organization or limited service health
	6238	+	32 maintenance organization that established the health care review
	6239	+	33 committee; or
	6240	+	34 (2) the officers, directors, employees, or agents of the health
	6241	+	35 maintenance organization or limited service health maintenance
	6242	+	36 organization;
	6243	+	37 are liable for damages in any civil action for the activities of a person
	6244	+	38 who, in good faith and without malice, takes any action or makes a
	6245	+	39 decision or recommendation as a member, an agent, or an employee of
	6246	+	40 a health care review committee, or furnishes any record, information,
	6247	+	41 or assistance to a health care review committee.
	6248	+	42 (f) This section does not relieve any person of liability arising from
	6249	+	SB 80—LS 6051/DI 112 146
	6250	+	1 treatment of a patient or an enrollee, or from a determination of the
	6251	+	2 reimbursement to be provided under the terms of an insurance policy,
	6252	+	3 a health maintenance organization contract, or another benefit program
	6253	+	4 providing payment, reimbursement, or indemnification for health care
	6254	+	5 costs based on the appropriateness of health care services delivered to
	6255	+	6 an enrollee.
	6256	+	7 (g) A health care review committee shall comply with IC 34-6-2-99.
	6257	+	8 IC 34-6-2.1-145.
	6258	+	9 SECTION 149. IC 28-9-2-7 IS AMENDED TO READ AS
	6259	+	10 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. "Person" has the
	6260	+	11 meaning set forth in IC 3-5-2-36. IC 3-5-2.1-77.
	6261	+	12 SECTION 150. IC 31-9-2-24 IS AMENDED TO READ AS
	6262	+	13 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 24. "Controlled
	6263	+	14 substance", for purposes of the juvenile law, has the meaning set forth
	6264	+	15 in IC 35-48-1. IC 35-48-1.1.
	6265	+	16 SECTION 151. IC 31-9-2-97.4, AS AMENDED BY P.L.3-2016,
	6266	+	17 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6267	+	18 JULY 1, 2025]: Sec. 97.4. "Professional health care provider", for
	6268	+	19 purposes of IC 31-19-25, has the meaning set forth in IC 34-6-2-117.
	6269	+	20 IC 34-6-2.1-165.
	6270	+	21 SECTION 152. IC 31-19-19-4, AS AMENDED BY P.L.128-2012,
	6271	+	22 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6272	+	23 JULY 1, 2025]: Sec. 4. All papers, records, and information pertaining
	6273	+	24 to the adoption, whether part of:
	6274	+	25 (1) the permanent record of the court; or
	6275	+	26 (2) a file in:
	6276	+	27 (A) the division of vital records;
	6277	+	28 (B) the department or local office;
	6278	+	29 (C) a licensed child placing agency; or
	6279	+	30 (D) a professional health care provider (as defined in
	6280	+	31 IC 34-6-2-117); IC 34-6-2.1-165);
	6281	+	32 are confidential and may be disclosed only in accordance with
	6282	+	33 IC 31-19-17, this chapter, or IC 31-19-20 through IC 31-19-25.5.
	6283	+	34 SECTION 153. IC 31-19-21-6, AS AMENDED BY P.L.3-2016,
	6284	+	35 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6285	+	36 JULY 1, 2025]: Sec. 6. The following persons shall provide for the
	6286	+	37 storage and indexing of consents made under this chapter to carry out
	6287	+	38 IC 31-19-24 through IC 31-19-25.5:
	6288	+	39 (1) The state registrar.
	6289	+	40 (2) The department.
	6290	+	41 (3) County offices of family and children.
	6291	+	42 (4) Licensed child placing agencies.
	6292	+	SB 80—LS 6051/DI 112 147
	6293	+	1 (5) Professional health care providers (as defined in
	6294	+	2 IC 34-6-2-117). IC 34-6-2.1-165).
	6295	+	3 (6) Courts.
	6296	+	4 SECTION 154. IC 31-19-21-7, AS AMENDED BY P.L.128-2012,
	6297	+	5 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6298	+	6 JULY 1, 2025]: Sec. 7. The following persons shall send a copy of a
	6299	+	7 consent for the release of identifying information and any signed
	6300	+	8 writing that withdraws or modifies a consent for the release of
	6301	+	9 identifying information received by the person to the state registrar:
	6302	+	10 (1) The department.
	6303	+	11 (2) A local office.
	6304	+	12 (3) A licensed child placing agency.
	6305	+	13 (4) A professional health care provider (as defined in
	6306	+	14 IC 34-6-2-117). IC 34-6-2.1-165).
	6307	+	15 (5) An attorney.
	6308	+	16 (6) A court.
	6309	+	17 SECTION 155. IC 31-19-23-1, AS AMENDED BY P.L.128-2012,
	6310	+	18 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6311	+	19 JULY 1, 2025]: Sec. 1. The following persons shall release
	6312	+	20 nonidentifying information concerning an adoption in the entity's
	6313	+	21 possession to any person described in IC 31-19-18-2(a) upon request:
	6314	+	22 (1) The state registrar.
	6315	+	23 (2) The department.
	6316	+	24 (3) A local office.
	6317	+	25 (4) A licensed child placing agency.
	6318	+	26 (5) A professional health care provider (as defined in
	6319	+	27 IC 34-6-2-117). IC 34-6-2.1-165).
	6320	+	28 (6) The attorney who arranged the adoption.
	6321	+	29 (7) A court.
	6322	+	30 SECTION 156. IC 31-19-24-1, AS AMENDED BY P.L.97-2013,
	6323	+	31 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6324	+	32 JULY 1, 2025]: Sec. 1. (a) Any interested person may file a petition
	6325	+	33 with any court with probate jurisdiction in Indiana requesting the
	6326	+	34 release of:
	6327	+	35 (1) medical information;
	6328	+	36 (2) nonidentifying information; or
	6329	+	37 (3) identifying information;
	6330	+	38 that is not available through the state registrar or not allowed to be
	6331	+	39 released by the state registrar.
	6332	+	40 (b) The contents of a petition must include to the best knowledge of
	6333	+	41 the petitioner the following:
	6334	+	42 (1) The full name and current address of the petitioner.
	6335	+	SB 80—LS 6051/DI 112 148
	6336	+	1 (2) The adopted person's:
	6337	+	2 (A) full name;
	6338	+	3 (B) sex;
	6339	+	4 (C) date of birth;
	6340	+	5 (D) place of birth, if known; and
	6341	+	6 (E) current address, if known.
	6342	+	7 (3) The county of the adoption proceeding, if known.
	6343	+	8 (4) The name and address of the agency that placed the adopted
	6344	+	9 person, if known.
	6345	+	10 (5) The full name and current address of the petitioners for
	6346	+	11 adoption, if any.
	6347	+	12 (6) The date of the adoption proceeding, if known.
	6348	+	13 (7) The full name and current address of the birth parents, if
	6349	+	14 known.
	6350	+	15 (8) The nature of the:
	6351	+	16 (A) medical;
	6352	+	17 (B) identifying; or
	6353	+	18 (C) nonidentifying;
	6354	+	19 information being sought.
	6355	+	20 (9) An affirmation:
	6356	+	21 (A) by an attending physician, if medical information is
	6357	+	22 sought, that indicates:
	6358	+	23 (i) the nature of the illness;
	6359	+	24 (ii) that the illness is believed to be hereditary or congenital;
	6360	+	25 or
	6361	+	26 (iii) why the information to be sought or shared is necessary
	6362	+	27 for diagnosis or treatment of any person;
	6363	+	28 (B) by the petitioner, if medical, identifying, or nonidentifying
	6364	+	29 information is sought, that sets forth the reasons why the
	6365	+	30 release of the information may be beneficial to the welfare of
	6366	+	31 the adoptee, a birth parent, a relative of an adoptee, or a
	6367	+	32 relative of a birth parent; and
	6368	+	33 (C) that the medical, identifying, or nonidentifying information
	6369	+	34 sought:
	6370	+	35 (i) is not available through the state registrar; or
	6371	+	36 (ii) is not allowed to be released by the state registrar.
	6372	+	37 (10) A statement by the petitioner that the petitioner agrees to the
	6373	+	38 payment of:
	6374	+	39 (A) a reasonable fee for the services of a confidential
	6375	+	40 intermediary if a confidential intermediary is appointed under
	6376	+	41 section 2 of this chapter; and
	6377	+	42 (B) reasonable fees and any actual expenses of an attorney, a
	6378	+	SB 80—LS 6051/DI 112 149
	6379	+	1 child placing agency, or a professional health care provider (as
	6380	+	2 defined in IC 34-6-2-117) IC 34-6-2.1-165) that is requested
	6381	+	3 to search its records and release information under sections 2
	6382	+	4 through 11 of this chapter.
	6383	+	5 (11) A description of the medical, identifying, or nonidentifying
	6384	+	6 information being sought.
	6385	+	7 SECTION 157. IC 31-19-24-3, AS AMENDED BY P.L.128-2012,
	6386	+	8 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6387	+	9 JULY 1, 2025]: Sec. 3. Whenever the court appoints a confidential
	6388	+	10 intermediary under section 2(2) of this chapter, the court shall do the
	6389	+	11 following:
	6390	+	12 (1) Consider:
	6391	+	13 (A) the highly emotional and personal issues relating to
	6392	+	14 adoption;
	6393	+	15 (B) the privacy rights of both birth parents, adoptees, and
	6394	+	16 pre-adoptive siblings;
	6395	+	17 (C) the reasons the medical, identifying, or nonidentifying
	6396	+	18 information is being sought under section 1 of this chapter;
	6397	+	19 and
	6398	+	20 (D) any irreparable harm to a birth parent, an adoptee, or a
	6399	+	21 pre-adoptive sibling that may arise if appropriate consideration
	6400	+	22 is not given to the issues described in clauses (A) through (C).
	6401	+	23 (2) Provide the confidential intermediary with an order
	6402	+	24 authorizing the confidential intermediary to search certain records
	6403	+	25 that may include:
	6404	+	26 (A) the division of public health statistics;
	6405	+	27 (B) the department or local office;
	6406	+	28 (C) any licensed child placing agency; or
	6407	+	29 (D) any professional health care provider (as defined in
	6408	+	30 IC 34-6-2-117). IC 34-6-2.1-165).
	6409	+	31 An order under this subdivision must specify the information to
	6410	+	32 be sought by the confidential intermediary.
	6411	+	33 (3) Specify the direct contact, if any, that a confidential
	6412	+	34 intermediary may have with any person from whom the medical,
	6413	+	35 identifying, or nonidentifying information is being sought, such
	6414	+	36 as providing that the confidential intermediary may only inform
	6415	+	37 the person of the existence of the adoption history program
	6416	+	38 administered by the state registrar under IC 31-19-18 through
	6417	+	39 IC 31-19-23, this chapter, IC 31-19-25, and IC 31-19-25.5.
	6418	+	40 (4) Specify the limitations, if any, that the court considers
	6419	+	41 necessary to prevent the confidential intermediary's search under
	6420	+	42 this chapter from resulting in harm to a birth parent, an adoptee,
	6421	+	SB 80—LS 6051/DI 112 150
	6422	+	1 or a pre-adoptive sibling.
	6423	+	2 (5) Require the confidential intermediary to affirm under oath that
	6424	+	3 the confidential intermediary agrees to act in good faith and
	6425	+	4 perform its responsibilities in accordance with sections 2 through
	6426	+	5 9 of this chapter.
	6427	+	6 (6) Instruct the confidential intermediary to act as quickly as
	6428	+	7 possible.
	6429	+	8 SECTION 158. IC 31-26-5-3, AS AMENDED BY P.L.183-2017,
	6430	+	9 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6431	+	10 JULY 1, 2025]: Sec. 3. (a) Family preservation services may provide:
	6432	+	11 (1) comprehensive, coordinated, flexible, and accessible services;
	6433	+	12 (2) intervention as early as possible with emphasis on establishing
	6434	+	13 a safe and nurturing environment;
	6435	+	14 (3) services to families who have members placed in care settings
	6436	+	15 outside the nuclear family; and
	6437	+	16 (4) planning options for temporary placement outside the family
	6438	+	17 if it would endanger the child to remain in the home.
	6439	+	18 (b) Unless authorized by a juvenile court, family preservation
	6440	+	19 services may not include a temporary out-of-home placement if a
	6441	+	20 person who is currently residing in the location designated as the
	6442	+	21 out-of-home placement has committed an act resulting in a
	6443	+	22 substantiated report of child abuse or neglect or has a juvenile
	6444	+	23 adjudication or a conviction for a nonwaivable offense, as defined in
	6445	+	24 IC 31-9-2-84.8.
	6446	+	25 (c) Before placing a child at imminent risk of placement in a
	6447	+	26 temporary out-of-home placement, the department shall conduct a
	6448	+	27 criminal history check (as defined in IC 31-9-2-22.5) for each person
	6449	+	28 described in subsection (b). However, the department is not required
	6450	+	29 to conduct a criminal history check under this section if the temporary
	6451	+	30 out-of-home placement is made to an entity or facility that is not a
	6452	+	31 residence (as defined in IC 3-5-2-42.5) IC 3-5-2.1-90) or that is
	6453	+	32 licensed by the state.
	6454	+	33 SECTION 159. IC 31-34-4-2, AS AMENDED BY P.L.46-2024,
	6455	+	34 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6456	+	35 JULY 1, 2025]: Sec. 2. (a) If a child alleged to be a child in need of
	6457	+	36 services is taken into custody under an order of the court under this
	6458	+	37 chapter and the court orders out-of-home placement, the department is
	6459	+	38 responsible for that placement and care and must consider placing the
	6460	+	39 child with a:
	6461	+	40 (1) suitable and willing relative; or
	6462	+	41 (2) de facto custodian;
	6463	+	42 before considering any other out-of-home placement.
	6464	+	SB 80—LS 6051/DI 112 151
	6465	+	1 (b) The department shall consider placing a child described in
	6466	+	2 subsection (a) with a relative related by blood, marriage, or adoption
	6467	+	3 before considering any other placement of the child.
	6468	+	4 (c) Before the department places a child in need of services with a
	6469	+	5 relative or a de facto custodian, the department shall complete an
	6470	+	6 evaluation based on a home visit of the relative's home.
	6471	+	7 (d) Except as provided in subsection (f), before placing a child in
	6472	+	8 need of services in an out-of-home placement, the department shall
	6473	+	9 conduct a criminal history check of each person who is currently
	6474	+	10 residing in the location designated as the out-of-home placement.
	6475	+	11 (e) Except as provided in subsection (g), the department may not
	6476	+	12 make an out-of-home placement if a person described in subsection (d)
	6477	+	13 has:
	6478	+	14 (1) committed an act resulting in a substantiated report of child
	6479	+	15 abuse or neglect; or
	6480	+	16 (2) been convicted of a nonwaivable offense, as defined in
	6481	+	17 IC 31-9-2-84.8 or had a juvenile adjudication for an act that
	6482	+	18 would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if
	6483	+	19 committed by an adult.
	6484	+	20 (f) The department is not required to conduct a criminal history
	6485	+	21 check under subsection (d) if the department makes an out-of-home
	6486	+	22 placement to an entity or a facility that is not a residence (as defined in
	6487	+	23 IC 3-5-2-42.5) IC 3-5-2.1-90) or that is licensed by the state.
	6488	+	24 (g) A court may order or the department may approve an
	6489	+	25 out-of-home placement if:
	6490	+	26 (1) a person described in subsection (d) has:
	6491	+	27 (A) committed an act resulting in a substantiated report of
	6492	+	28 child abuse or neglect;
	6493	+	29 (B) been convicted of:
	6494	+	30 (i) battery (IC 35-42-2-1);
	6495	+	31 (ii) criminal recklessness (IC 35-42-2-2) as a felony;
	6496	+	32 (iii) criminal confinement (IC 35-42-3-3) as a felony;
	6497	+	33 (iv) arson (IC 35-43-1-1) as a felony;
	6498	+	34 (v) nonsupport of a dependent child (IC 35-46-1-5);
	6499	+	35 (vi) operating a motorboat while intoxicated (IC 35-46-9-6)
	6500	+	36 as a felony;
	6501	+	37 (vii) a felony involving a weapon under IC 35-47;
	6502	+	38 (viii) a felony relating to controlled substances under
	6503	+	39 IC 35-48-4; or
	6504	+	40 (ix) a felony under IC 9-30-5;
	6505	+	41 if the conviction did not occur within the past five (5) years; or
	6506	+	42 (C) had a juvenile adjudication for a nonwaivable offense, as
	6507	+	SB 80—LS 6051/DI 112 152
	6508	+	1 defined in IC 31-9-2-84.8 that, if committed by an adult,
	6509	+	2 would be a felony; and
	6510	+	3 (2) the person's commission of the offense, delinquent act, or act
	6511	+	4 of abuse or neglect described in subdivision (1) is not relevant to
	6512	+	5 the person's present ability to care for a child, and the placement
	6513	+	6 is in the best interest of the child.
	6514	+	7 However, a court or the department shall not make an out-of-home
	6515	+	8 placement if the person has been convicted of a nonwaivable offense,
	6516	+	9 as defined in IC 31-9-2-84.8 that is not specifically excluded under
	6517	+	10 subdivision (1)(B).
	6518	+	11 (h) In considering the placement under subsection (g), the court or
	6519	+	12 the department shall consider the following:
	6520	+	13 (1) The length of time since the person committed the offense,
	6521	+	14 delinquent act, or abuse or neglect.
	6522	+	15 (2) The severity of the offense, delinquent act, or abuse or neglect.
	6523	+	16 (3) Evidence of the person's rehabilitation, including the person's
	6524	+	17 cooperation with a treatment plan, if applicable.
	6525	+	18 SECTION 160. IC 31-34-18-6.1, AS AMENDED BY P.L.210-2019,
	6526	+	19 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6527	+	20 JULY 1, 2025]: Sec. 6.1. (a) The predispositional report prepared by
	6528	+	21 the department or caseworker must include the following information:
	6529	+	22 (1) A description of all dispositional options considered in
	6530	+	23 preparing the report.
	6531	+	24 (2) An evaluation of each of the options considered in relation to
	6532	+	25 the plan of care, treatment, rehabilitation, or placement
	6533	+	26 recommended under the guidelines described in section 4 of this
	6534	+	27 chapter.
	6535	+	28 (3) A description of the due diligence efforts that the department
	6536	+	29 has made to identify all adult relatives of the child.
	6537	+	30 (4) The name, occupation and position, and any relationship to the
	6538	+	31 child of each person with whom the preparer of the report
	6539	+	32 conferred as provided in section 1.1 of this chapter.
	6540	+	33 (5) The report and recommendations of the dual status assessment
	6541	+	34 team if the child is a dual status child under IC 31-41.
	6542	+	35 (b) If the department or caseworker is considering an out-of-home
	6543	+	36 placement, including placement with a blood or an adoptive relative
	6544	+	37 caretaker, the department or caseworker shall conduct a criminal
	6545	+	38 history check (as defined in IC 31-9-2-22.5) for each person who is
	6546	+	39 currently residing in the location designated as the out-of-home
	6547	+	40 placement. The results of the criminal history check must be included
	6548	+	41 in the predispositional report.
	6549	+	42 (c) The department or caseworker is not required to conduct a
	6550	+	SB 80—LS 6051/DI 112 153
	6551	+	1 criminal history check under this section if:
	6552	+	2 (1) the department or caseworker is considering only an
	6553	+	3 out-of-home placement to an entity or a facility that:
	6554	+	4 (A) is not a residence (as defined in IC 3-5-2-42.5);
	6555	+	5 IC 3-5-2.1-90); or
	6556	+	6 (B) is licensed by the state; or
	6557	+	7 (2) placement under this section is undetermined at the time the
	6558	+	8 predispositional report is prepared.
	6559	+	9 SECTION 161. IC 31-34-20-1.5, AS AMENDED BY P.L.142-2020,
	6560	+	10 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6561	+	11 JULY 1, 2025]: Sec. 1.5. (a) Except as provided in subsection (d), the
	6562	+	12 juvenile court may not enter a dispositional decree approving or
	6563	+	13 ordering placement of a child in another home under section 1(a)(3) of
	6564	+	14 this chapter or awarding wardship to the department that will place the
	6565	+	15 child in another home under section 1(a)(4) of this chapter if a person
	6566	+	16 who is currently residing in the home in which the child would be
	6567	+	17 placed under section 1(a)(3) or 1(a)(4) of this chapter has committed
	6568	+	18 an act resulting in a substantiated report of child abuse or neglect, has
	6569	+	19 a juvenile adjudication for an act that would be a nonwaivable offense,
	6570	+	20 as defined in IC 31-9-2-84.8 if committed by an adult, or has a
	6571	+	21 conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
	6572	+	22 (b) The department or caseworker who prepared the predispositional
	6573	+	23 report shall conduct a criminal history check (as defined in
	6574	+	24 IC 31-9-2-22.5) to determine if a person described in subsection (a) has
	6575	+	25 committed an act resulting in a substantiated report of child abuse or
	6576	+	26 neglect, has a juvenile adjudication for an act that would be a
	6577	+	27 nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
	6578	+	28 adult, or has a conviction for a nonwaivable offense, as defined in
	6579	+	29 IC 31-9-2-84.8. However, the department or caseworker is not required
	6580	+	30 to conduct a criminal history check under this section if criminal
	6581	+	31 history information under IC 31-34-4-2 or IC 31-34-18-6.1 establishes
	6582	+	32 whether a person described in subsection (a) has committed an act
	6583	+	33 resulting in a substantiated report of child abuse or neglect, has a
	6584	+	34 juvenile adjudication for an act that would be a nonwaivable offense,
	6585	+	35 as defined in IC 31-9-2-84.8 if committed by an adult, or has a
	6586	+	36 conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
	6587	+	37 (c) The department or caseworker is not required to conduct a
	6588	+	38 criminal history check under this section if:
	6589	+	39 (1) the department or caseworker is considering only an
	6590	+	40 out-of-home placement to an entity or a facility that:
	6591	+	41 (A) is not a residence (as defined in IC 3-5-2-42.5);
	6592	+	42 IC 3-5-2.1-90); or
	6593	+	SB 80—LS 6051/DI 112 154
	6594	+	1 (B) is licensed by the state; or
	6595	+	2 (2) placement under this section is undetermined at the time the
	6596	+	3 predispositional report is prepared.
	6597	+	4 (d) A juvenile court may enter a dispositional decree that approves
	6598	+	5 placement of a child in another home or award wardship to the
	6599	+	6 department that will place the child in a home with a person described
	6600	+	7 in subsection (a) if:
	6601	+	8 (1) the person described in subsection (a) has:
	6602	+	9 (A) committed an act resulting in a substantiated report of
	6603	+	10 child abuse or neglect;
	6604	+	11 (B) been convicted of:
	6605	+	12 (i) battery (IC 35-42-2-1);
	6606	+	13 (ii) criminal recklessness (IC 35-42-2-2) as a felony;
	6607	+	14 (iii) criminal confinement (IC 35-42-3-3) as a felony;
	6608	+	15 (iv) arson (IC 35-43-1-1) as a felony;
	6609	+	16 (v) nonsupport of a dependent child (IC 35-46-1-5);
	6610	+	17 (vi) operating a motorboat while intoxicated (IC 35-46-9-6)
	6611	+	18 as a felony;
	6612	+	19 (vii) a felony involving a weapon under IC 35-47;
	6613	+	20 (viii) a felony relating to controlled substances under
	6614	+	21 IC 35-48-4; or
	6615	+	22 (ix) a felony under IC 9-30-5;
	6616	+	23 if the conviction did not occur within the past five (5) years; or
	6617	+	24 (C) had a juvenile adjudication for a nonwaivable offense, as
	6618	+	25 defined in IC 31-9-2-84.8 that, if committed by an adult,
	6619	+	26 would be a felony; and
	6620	+	27 (2) the person's commission of the offense, delinquent act, or act
	6621	+	28 of abuse or neglect described in subdivision (1) is not relevant to
	6622	+	29 the person's present ability to care for a child, and placing a child
	6623	+	30 in another home or awarding wardship to the department is in the
	6624	+	31 best interest of the child.
	6625	+	32 However, a court may not enter a dispositional decree that approves
	6626	+	33 placement of a child in another home or awards wardship to the
	6627	+	34 department if the person has been convicted of a nonwaivable offense,
	6628	+	35 as defined in IC 31-9-2-84.8 that is not specifically excluded under
	6629	+	36 subdivision (1)(B).
	6630	+	37 (e) In considering the placement under subsection (d), the court
	6631	+	38 shall consider the following:
	6632	+	39 (1) The length of time since the person committed the offense,
	6633	+	40 delinquent act, or act that resulted in the substantiated report of
	6634	+	41 abuse or neglect.
	6635	+	42 (2) The severity of the offense, delinquent act, or abuse or neglect.
	6636	+	SB 80—LS 6051/DI 112 155
	6637	+	1 (3) Evidence of the person's rehabilitation, including the person's
	6638	+	2 cooperation with a treatment plan, if applicable.
	6639	+	3 SECTION 162. IC 31-37-17-6.1, AS AMENDED BY P.L.101-2022,
	6640	+	4 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6641	+	5 JULY 1, 2025]: Sec. 6.1. (a) The predispositional report prepared by a
	6642	+	6 probation officer must include the following information:
	6643	+	7 (1) A validated risk and needs assessment as described in section
	6644	+	8 1 of this chapter.
	6645	+	9 (2) A description of all dispositional options considered in
	6646	+	10 preparing the report.
	6647	+	11 (3) An evaluation of each of the options considered in relation to
	6648	+	12 the plan of care, treatment, rehabilitation, or placement
	6649	+	13 recommended under the guidelines described in section 4 of this
	6650	+	14 chapter.
	6651	+	15 (4) The name, occupation and position, and any relationship to the
	6652	+	16 child of each person with whom the preparer of the report
	6653	+	17 conferred as provided in section 1.1 of this chapter.
	6654	+	18 (5) The items required under section 1 of this chapter.
	6655	+	19 (6) The results of a dual status screening tool to determine
	6656	+	20 whether the child is a dual status child as described in
	6657	+	21 IC 31-41-1-2.
	6658	+	22 (b) If a probation officer is considering an out-of-home placement,
	6659	+	23 including placement with a relative, the probation officer must conduct
	6660	+	24 a criminal history check (as defined in IC 31-9-2-22.5) for each person
	6661	+	25 who is currently residing in the location designated as the out-of-home
	6662	+	26 placement. The results of the criminal history check must be included
	6663	+	27 in the predispositional report.
	6664	+	28 (c) A probation officer is not required to conduct a criminal history
	6665	+	29 check under this section if:
	6666	+	30 (1) the probation officer is considering only an out-of-home
	6667	+	31 placement to an entity or a facility that:
	6668	+	32 (A) is not a residence (as defined in IC 3-5-2-42.5);
	6669	+	33 IC 3-5-2.1-90); or
	6670	+	34 (B) is licensed by the state; or
	6671	+	35 (2) placement under this section is undetermined at the time the
	6672	+	36 predispositional report is prepared.
	6673	+	37 SECTION 163. IC 31-37-19-6.5, AS AMENDED BY P.L.142-2020,
	6674	+	38 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6675	+	39 JULY 1, 2025]: Sec. 6.5. (a) Except as provided in subsection (d), the
	6676	+	40 juvenile court may not enter a dispositional decree approving
	6677	+	41 placement of a child in another home under section 1(a)(3) or
	6678	+	42 6(b)(2)(D) of this chapter or awarding wardship to a person or facility
	6679	+	SB 80—LS 6051/DI 112 156
	6680	+	1 that results in a placement with a person under section 1(a)(4) or
	6681	+	2 6(b)(2)(E) of this chapter if a person who is currently residing in the
	6682	+	3 home in which the child would be placed under section 1(a)(3), 1(a)(4),
	6683	+	4 6(b)(2)(D), or 6(b)(2)(E) of this chapter has committed an act resulting
	6684	+	5 in a substantiated report of child abuse or neglect, has a juvenile
	6685	+	6 adjudication for an act that would be a nonwaivable offense, as defined
	6686	+	7 in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a
	6687	+	8 nonwaivable offense, as defined in IC 31-9-2-84.8.
	6688	+	9 (b) The juvenile probation officer who prepared the predispositional
	6689	+	10 report shall conduct a criminal history check (as defined in
	6690	+	11 IC 31-9-2-22.5) to determine if a person described in subsection (a) has
	6691	+	12 committed an act resulting in a substantiated report of child abuse or
	6692	+	13 neglect, has a juvenile adjudication for an act that would be a
	6693	+	14 nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
	6694	+	15 adult, or has a conviction for a nonwaivable offense, as defined in
	6695	+	16 IC 31-9-2-84.8. However, the probation officer is not required to
	6696	+	17 conduct a criminal history check under this section if criminal history
	6697	+	18 information obtained under IC 31-37-17-6.1 establishes whether a
	6698	+	19 person described in subsection (a) has committed an act resulting in a
	6699	+	20 substantiated report of child abuse or neglect, has a juvenile
	6700	+	21 adjudication for an act that would be a nonwaivable offense, as defined
	6701	+	22 in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a
	6702	+	23 nonwaivable offense, as defined in IC 31-9-2-84.8.
	6703	+	24 (c) The juvenile probation officer is not required to conduct a
	6704	+	25 criminal history check under this section if:
	6705	+	26 (1) the probation officer is considering only an out-of-home
	6706	+	27 placement to an entity or a facility that:
	6707	+	28 (A) is not a residence (as defined in IC 3-5-2-42.5);
	6708	+	29 IC 3-5-2.1-90); or
	6709	+	30 (B) is licensed by the state; or
	6710	+	31 (2) placement under this section is undetermined at the time the
	6711	+	32 predispositional report is prepared.
	6712	+	33 (d) The juvenile court may enter a dispositional decree approving
	6713	+	34 placement of a child in another home under section 1(a)(3) or
	6714	+	35 6(b)(2)(D) of this chapter or awarding wardship to a person or facility
	6715	+	36 that results in a placement with a person under section 1(a)(4) or
	6716	+	37 6(b)(2)(E) of this chapter if:
	6717	+	38 (1) a person described in subsection (a) has:
	6718	+	39 (A) committed an act resulting in a substantiated report of
	6719	+	40 child abuse or neglect;
	6720	+	41 (B) been convicted of:
	6721	+	42 (i) a felony under IC 9-30-5;
	6722	+	SB 80—LS 6051/DI 112 157
	6723	+	1 (ii) battery (IC 35-42-2-1);
	6724	+	2 (iii) criminal recklessness (IC 35-42-2-2) as a felony;
	6725	+	3 (iv) criminal confinement (IC 35-42-3-3) as a felony;
	6726	+	4 (v) arson (IC 35-43-1-1) as a felony;
	6727	+	5 (vi) nonsupport of a dependent child (IC 35-46-1-5);
	6728	+	6 (vii) operating a motorboat while intoxicated (IC 35-46-9-6)
	6729	+	7 as a felony;
	6730	+	8 (viii) a felony involving a weapon under IC 35-47; or
	6731	+	9 (ix) a felony relating to controlled substances under
	6732	+	10 IC 35-48-4;
	6733	+	11 if the conviction did not occur within the past five (5) years; or
	6734	+	12 (C) had a juvenile adjudication for a nonwaivable offense, as
	6735	+	13 defined in IC 31-9-2-84.8 that, if committed by an adult,
	6736	+	14 would be a felony; and
	6737	+	15 (2) the person's commission of the offense, delinquent act, or act
	6738	+	16 of abuse or neglect described in subdivision (1) is not relevant to
	6739	+	17 the person's present ability to care for a child, and placing the
	6740	+	18 child in another home is in the best interest of the child.
	6741	+	19 However, a court may not enter a dispositional decree placing a child
	6742	+	20 in another home under section 1(a)(3) or 6(b)(2)(D) of this chapter or
	6743	+	21 awarding wardship to a person or facility under this subsection if a
	6744	+	22 person with whom the child is or will be placed has been convicted of
	6745	+	23 a nonwaivable offense, as defined in IC 31-9-2-84.8 that is not
	6746	+	24 specifically excluded under subdivision (1)(B).
	6747	+	25 (e) In considering the placement under subsection (d), the court
	6748	+	26 shall consider the following:
	6749	+	27 (1) The length of time since the person committed the offense,
	6750	+	28 delinquent act, or act that resulted in the substantiated report of
	6751	+	29 abuse or neglect.
	6752	+	30 (2) The severity of the offense, delinquent act, or abuse or neglect.
	6753	+	31 (3) Evidence of the person's rehabilitation, including the person's
	6754	+	32 cooperation with a treatment plan, if applicable.
	6755	+	33 SECTION 164. IC 31-37-19-13, AS AMENDED BY P.L.111-2021,
	6756	+	34 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6757	+	35 JULY 1, 2025]: Sec. 13. (a) This section applies if a child is a
	6758	+	36 delinquent child under IC 31-37-1 due to the commission of a
	6759	+	37 delinquent act that, if committed by an adult, would be:
	6760	+	38 (1) dealing in:
	6761	+	39 (A) a controlled substance (as defined in IC 35-48-1-9);
	6762	+	40 IC 35-48-1.1-7); or
	6763	+	41 (B) a counterfeit substance (as defined in IC 35-48-1-10);
	6764	+	42 IC 35-48-1.1-9);
	6765	+	SB 80—LS 6051/DI 112 158
	6766	+	1 (2) possessing:
	6767	+	2 (A) a controlled substance (as defined in IC 35-48-1-9);
	6768	+	3 IC 35-48-1.1-7); or
	6769	+	4 (B) a prescription drug (as defined in IC 35-48-1-25);
	6770	+	5 IC 35-48-1.1-35);
	6771	+	6 for which the child does not have a prescription; or
	6772	+	7 (3) conspiring to commit an act described in subdivision (1) or
	6773	+	8 (2).
	6774	+	9 (b) The juvenile court shall, in addition to any other order or decree
	6775	+	10 the court makes under this chapter, order the bureau of motor vehicles
	6776	+	11 to invalidate the child's driver's license or permit for a period specified
	6777	+	12 by the court of at least six (6) months but not more than one (1) year
	6778	+	13 from the time the child would otherwise be eligible for a learner's
	6779	+	14 permit.
	6780	+	15 SECTION 165. IC 31-37-19-15 IS AMENDED TO READ AS
	6781	+	16 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) This section
	6782	+	17 applies if a child is a delinquent child under IC 31-37-1 due to the
	6783	+	18 commission of a delinquent act that, if committed by an adult, would
	6784	+	19 be:
	6785	+	20 (1) dealing in:
	6786	+	21 (A) a controlled substance (as defined in IC 35-48-1-9);
	6787	+	22 IC 35-48-1.1-7); or
	6788	+	23 (B) a counterfeit substance (as defined in IC 35-48-1-10);
	6789	+	24 IC 35-48-1.1-9);
	6790	+	25 (2) possessing:
	6791	+	26 (A) a controlled substance (as defined in IC 35-48-1-9);
	6792	+	27 IC 35-48-1.1-7); or
	6793	+	28 (B) a prescription drug (as defined in IC 35-48-1-25);
	6794	+	29 IC 35-48-1.1-35);
	6795	+	30 for which the child does not have a prescription; or
	6796	+	31 (3) conspiring to commit an act described in subdivision (1) or
	6797	+	32 (2).
	6798	+	33 (b) The juvenile court shall, in addition to any other order or decree
	6799	+	34 the court makes under this chapter, order the bureau of motor vehicles
	6800	+	35 not to issue the child a learner's permit for a period specified by the
	6801	+	36 court of at least six (6) months but not more than one (1) year from the
	6802	+	37 time the child would otherwise be eligible for a learner's permit.
	6803	+	38 SECTION 166. IC 32-21-5-7, AS AMENDED BY P.L.175-2023,
	6804	+	39 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6805	+	40 JULY 1, 2025]: Sec. 7. (a) The Indiana real estate commission
	6806	+	41 established by IC 25-34.1-2-1 shall adopt a specific disclosure form
	6807	+	42 that contains the following:
	6808	+	SB 80—LS 6051/DI 112 159
	6809	+	1 (1) Disclosure by the owner of the known condition of the
	6810	+	2 following:
	6811	+	3 (A) The foundation.
	6812	+	4 (B) The mechanical systems.
	6813	+	5 (C) The roof.
	6814	+	6 (D) The structure.
	6815	+	7 (E) The water and sewer systems.
	6816	+	8 (F) Additions that may require improvements to the sewage
	6817	+	9 disposal system.
	6818	+	10 (G) Other areas that the Indiana real estate commission
	6819	+	11 determines are appropriate.
	6820	+	12 (2) Disclosure by the owner of known:
	6821	+	13 (A) contamination caused by the manufacture of a controlled
	6822	+	14 substance (as defined by IC 35-48-1-9) IC 35-48-1.1-7) on the
	6823	+	15 property that has not been certified as decontaminated by a
	6824	+	16 qualified inspector who is certified under IC 16-19-3.1; or
	6825	+	17 (B) manufacture of methamphetamine or dumping of waste
	6826	+	18 from the manufacture of methamphetamine in a residential
	6827	+	19 structure on the property.
	6828	+	20 (3) A notice to the prospective buyer that contains substantially
	6829	+	21 the following language:
	6830	+	22 "The prospective buyer and the owner may wish to obtain
	6831	+	23 professional advice or inspections of the property and provide for
	6832	+	24 appropriate provisions in a contract between them concerning any
	6833	+	25 advice, inspections, defects, or warranties obtained on the
	6834	+	26 property.".
	6835	+	27 (4) A notice to the prospective buyer that contains substantially
	6836	+	28 the following language:
	6837	+	29 "The representations in this form are the representations of the
	6838	+	30 owner and are not the representations of the agent, if any. This
	6839	+	31 information is for disclosure only and is not intended to be a part
	6840	+	32 of any contract between the buyer and owner.".
	6841	+	33 (5) A disclosure by the owner that an airport is located within a
	6842	+	34 geographical distance from the property as determined by the
	6843	+	35 Indiana real estate commission. The commission may consider the
	6844	+	36 differences between an airport serving commercial airlines and an
	6845	+	37 airport that does not serve commercial airlines in determining the
	6846	+	38 distance to be disclosed.
	6847	+	39 (6) A disclosure by the owner that:
	6848	+	40 (A) the property is located near a military installation, within
	6849	+	41 a state area of interest (as defined in IC 36-7-30.2-6), and may
	6850	+	42 be impacted to some degree by the effects of the installation's
	6851	+	SB 80—LS 6051/DI 112 160
	6852	+	1 military operations; and
	6853	+	2 (B) local laws may restrict use and development of the
	6854	+	3 property to promote compatibility with military installation
	6855	+	4 operations.
	6856	+	5 (7) If the owner has personal knowledge of the fact that all or a
	6857	+	6 portion of the real estate is located within a community's
	6858	+	7 floodplain boundaries, as indicated in a Federal Emergency
	6859	+	8 Management Agency Flood Insurance Rate Map, a disclosure by
	6860	+	9 the owner of that fact.
	6861	+	10 (b) Responsibility for the disclosure required under subsection
	6862	+	11 (a)(6) rests solely with the owner of the property and no liability for the
	6863	+	12 owner's failure to make the required disclosure shall accrue to any third
	6864	+	13 party. Failure of the owner to make the required disclosure under
	6865	+	14 subsection (a)(6) shall not:
	6866	+	15 (1) invalidate the transfer of the property; or
	6867	+	16 (2) create any encumbrance or lien upon any legal or equitable
	6868	+	17 title to the property.
	6869	+	18 SECTION 167. IC 32-21-13-1, AS ADDED BY P.L.5-2010,
	6870	+	19 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6871	+	20 JULY 1, 2025]: Sec. 1. The definitions in IC 3-5-2 IC 3-5-2.1 apply to
	6872	+	21 this chapter.
	6873	+	22 SECTION 168. IC 32-30-8-2, AS AMENDED BY P.L.80-2019,
	6874	+	23 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6875	+	24 JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (d), as
	6876	+	25 used in this chapter, "property" means a house, a building, a mobile
	6877	+	26 home, or an apartment that is leased for residential or commercial
	6878	+	27 purposes.
	6879	+	28 (b) The term includes:
	6880	+	29 (1) an entire building or complex of buildings; or
	6881	+	30 (2) a mobile home community;
	6882	+	31 and all real property of any nature appurtenant to and used in
	6883	+	32 connection with the house, building, mobile home, or apartment,
	6884	+	33 including all individual rental units and common areas.
	6885	+	34 (c) The term does not include a hotel, motel, or other guest house,
	6886	+	35 part of which is rented to a transient guest.
	6887	+	36 (d) For actions brought by the attorney general in relation to the sale
	6888	+	37 or solicited sale of a synthetic drug (as defined in IC 35-31.5-2-321),
	6889	+	38 a controlled substance analog (as defined in IC 35-48-1-9.3),
	6890	+	39 IC 35-48-1.1-8), or a substance represented to be a controlled
	6891	+	40 substance (as described in IC 35-48-4-4.6), "property" means a house,
	6892	+	41 a building, a mobile home, or an apartment that is owned or leased for
	6893	+	42 commercial or residential purposes. The term includes all real property
	6894	+	SB 80—LS 6051/DI 112 161
	6895	+	1 of any nature appurtenant to and used in connection with the house,
	6896	+	2 building, mobile home, or apartment.
	6897	+	3 SECTION 169. IC 32-30-8-10.5, AS AMENDED BY P.L.80-2019,
	6898	+	4 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6899	+	5 JULY 1, 2025]: Sec. 10.5. In addition to the remedies and penalties
	6900	+	6 specified in sections 10, 11, 12, and 13 of this chapter, the court may
	6901	+	7 do any of the following in an action brought under this chapter
	6902	+	8 concerning the sale or solicited sale of a synthetic drug (as defined in
	6903	+	9 IC 35-31.5-2-321), a controlled substance analog (as defined in
	6904	+	10 IC 35-48-1-9.3), IC 35-48-1.1-8), or a substance represented to be a
	6905	+	11 controlled substance (as described in IC 35-48-4-4.6):
	6906	+	12 (1) Issue a restraining order against the person subject to
	6907	+	13 IC 32-30-7-9 and IC 32-30-7-13.
	6908	+	14 (2) Issue a preliminary injunction, temporary forfeiture, or closure
	6909	+	15 order pending final decision on a permanent injunction subject to
	6910	+	16 IC 32-30-7-12.
	6911	+	17 (3) Issue an order of abatement subject to IC 32-30-7-22.
	6912	+	18 SECTION 170. IC 33-23-1-4.5, AS ADDED BY P.L.252-2017,
5932	6913		19 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5933		-	20 JULY 1, 2025]: Sec. 2. The following definitions apply throughout this
5934		-	21 chapter:
5935		-	22 (1) "Arising (or arises) from a (or the) state disaster emergency"
5936		-	23 means an injury or harm:
5937		-	24 (A) caused by or resulting from an act or omission performed
5938		-	25 in response to a state disaster emergency declared under
5939		-	26 IC 10-14-3-12 to respond to COVID-19; and
5940		-	27 (B) arising from COVID-19 (as defined by IC 34-6-2-10.4(b)).
5941		-	28 IC 34-6-2.1-14(b)).
5942		-	29 (2) "COVID-19" has the meaning set forth in IC 34-6-2-31.4(c).
5943		-	30 IC 34-6-2.1-40(c).
5944		-	31 (3) "Health care provider" has the meaning set forth in
5945		-	32 IC 4-6-14-2.
5946		-	33 (4) "Health care services" has the meaning set forth in
5947		-	34 IC 34-6-2-55(b). IC 34-6-2.1-84(b).
5948		-	35 SECTION 139. IC 25-23-1-19.5, AS AMENDED BY P.L.9-2022,
5949		-	36 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5950		-	37 JULY 1, 2025]: Sec. 19.5. (a) This section does not apply to certified
5951		-	38 registered nurse anesthetists.
5952		-	39 (b) The board shall establish a program under which advanced
5953		-	40 practice registered nurses who meet the requirements established by
5954		-	41 the board are authorized to prescribe drugs, including controlled
5955		-	42 substances (as defined in IC 35-48-1-9) IC 35-48-1.1-7) in accordance
5956		-	ES 80—LS 6051/DI 112 139
5957		-	1 with IC 25-1-9.3.
5958		-	2 (c) The authority granted by the board under this section:
5959		-	3 (1) expires on October 31 of the odd-numbered year following the
5960		-	4 year the authority was granted or renewed; and
5961		-	5 (2) is subject to renewal indefinitely for successive periods of two
5962		-	6 (2) years.
5963		-	7 (d) The rules adopted under section 7 of this chapter concerning the
5964		-	8 authority of advanced practice registered nurses to prescribe drugs
5965		-	9 must do the following:
5966		-	10 (1) Require an advanced practice registered nurse or a prospective
5967		-	11 advanced practice registered nurse who seeks the authority to
5968		-	12 submit an application to the board.
5969		-	13 (2) Require an applicant to satisfy the following as a prerequisite
5970		-	14 to the initial granting of the authority:
5971		-	15 (A) Meet all the qualifications for licensure as a registered
5972		-	16 nurse under this article.
5973		-	17 (B) Successfully complete:
5974		-	18 (i) education requirements determined by the board to be
5975		-	19 appropriate to the advanced practice registered nurse's role;
5976		-	20 and
5977		-	21 (ii) a graduate level course in pharmacology providing at
5978		-	22 least two (2) semester hours of academic credit.
5979		-	23 (C) Either:
5980		-	24 (i) provide documentation, as requested by the board, that
5981		-	25 the applicant has graduated before December 31, 1997, from
5982		-	26 an advanced, organized formal education program
5983		-	27 appropriate to the practice and that is acceptable to the
5984		-	28 board; or
5985		-	29 (ii) complete a graduate, postgraduate, or doctoral advanced
5986		-	30 practice registered nurse program from an accredited college
5987		-	31 or university.
5988		-	32 (3) Establish requirements for an advanced practice registered
5989		-	33 nurse to comply with national certification or the certification's
5990		-	34 equivalence, including a portfolio equivalence, appropriate to the
5991		-	35 advanced practice registered nurse's role.
5992		-	36 (4) Require, as a condition of the renewal of the authority, the
5993		-	37 completion by the advanced practice registered nurse of the
5994		-	38 continuing education requirements set out in section 19.7 of this
5995		-	39 chapter.
5996		-	40 SECTION 140. IC 25-24-3-6, AS AMENDED BY P.L.56-2015,
	6914	+	20 JULY 1, 2025]: Sec. 4.5. "Drug related felony" has the meaning set
	6915	+	21 forth in IC 35-48-1-16.3. IC 35-48-1.1-17.
	6916	+	22 SECTION 171. IC 33-23-16-2, AS AMENDED BY P.L.187-2011,
	6917	+	23 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6918	+	24 JULY 1, 2025]: Sec. 2. As used in this chapter, "chemical test" means
	6919	+	25 an analysis of an individual's:
	6920	+	26 (1) blood;
	6921	+	27 (2) breath;
	6922	+	28 (3) hair;
	6923	+	29 (4) sweat;
	6924	+	30 (5) saliva;
	6925	+	31 (6) urine; or
	6926	+	32 (7) other bodily substance;
	6927	+	33 to determine the presence of alcohol, a drug, or a controlled substance
	6928	+	34 (as defined in IC 35-48-1-9). IC 35-48-1.1-7).
	6929	+	35 SECTION 172. IC 33-33-2-11 IS AMENDED TO READ AS
	6930	+	36 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11. A judge or
	6931	+	37 candidate for judge of the Allen superior court may not:
	6932	+	38 (1) accept a contribution (as defined in IC 3-5-2-15)
	6933	+	39 IC 3-5-2.1-27) from any political party, political action committee
	6934	+	40 (as defined in IC 3-5-2-37), IC 3-5-2.1-78), or regular party
	6935	+	41 committee (as defined in IC 3-5-2-42); IC 3-5-2.1-89); or
	6936	+	42 (2) accept more than a total of ten thousand dollars ($10,000) in
	6937	+	SB 80—LS 6051/DI 112 162
	6938	+	1 contributions from all sources to pay expenses connected with the
	6939	+	2 candidate's candidacy.
	6940	+	3 SECTION 173. IC 33-33-49-13.1, AS ADDED BY P.L.245-2017,
	6941	+	4 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	6942	+	5 JULY 1, 2025]: Sec. 13.1. (a) As used in this chapter:
	6943	+	6 (1) "close relative" has the meaning set forth in IC 33-23-11-2;
	6944	+	7 and
	6945	+	8 (2) "committee" refers to the Marion County judicial selection
	6946	+	9 committee established by subsection (b).
	6947	+	10 (b) The Marion County judicial selection committee is established
	6948	+	11 to:
	6949	+	12 (1) select nominees for the court; and
	6950	+	13 (2) make recommendations to the voters concerning the retention
	6951	+	14 of a judge on the court.
	6952	+	15 (c) The committee consists of the following fourteen (14) members:
	6953	+	16 (1) Four (4) members who reside in Marion County, appointed as
	6954	+	17 follows:
	6955	+	18 (A) One (1) member appointed by the speaker of the house of
	6956	+	19 representatives.
	6957	+	20 (B) One (1) member appointed by the minority leader of the
	6958	+	21 house of representatives.
	6959	+	22 (C) One (1) member appointed by the president pro tempore
	6960	+	23 of the senate.
	6961	+	24 (D) One (1) member appointed by the minority leader of the
	6962	+	25 senate.
	6963	+	26 A person appointed under this subdivision may not be a member
	6964	+	27 of the general assembly.
	6965	+	28 (2) An attorney who resides in Marion County and practices
	6966	+	29 primarily in the area of criminal law, appointed by the president
	6967	+	30 of the Indianapolis bar association.
	6968	+	31 (3) An attorney who resides in Marion County and practices
	6969	+	32 primarily in the area of criminal law, appointed by the president
	6970	+	33 of the Marion County bar association.
	6971	+	34 (4) An attorney who resides in Marion County, appointed by the
	6972	+	35 president of the Indiana Trial Lawyers Association.
	6973	+	36 (5) An attorney who resides in Marion County, appointed by the
	6974	+	37 president of the Defense Trial Counsel of Indiana.
	6975	+	38 (6) Two (2) members appointed by the chairperson of each major
	6976	+	39 political party (as defined by IC 3-5-2-30(2)) IC 3-5-2.1-62(2)) in
	6977	+	40 Marion County. Each of the four (4) members appointed under
	6978	+	41 this subdivision must reside in Marion County and must reflect
	6979	+	42 the diversity and makeup of Marion County.
	6980	+	SB 80—LS 6051/DI 112 163
	6981	+	1 (7) The chief judge of the Indiana Court of Appeals or a designee
	6982	+	2 of the chief judge who is a judge of the Indiana Court of Appeals.
	6983	+	3 The chief judge or chief judge's designee serves as the vice
	6984	+	4 chairperson of the committee ex officio.
	6985	+	5 (8) The chief justice of Indiana or a designee of the chief justice
	6986	+	6 who is a justice of the Indiana Supreme Court. The chief justice
	6987	+	7 or chief justice's designee serves as the chairperson of the
	6988	+	8 committee ex officio.
	6989	+	9 (d) If a member of the committee is employed by a law firm, no
	6990	+	10 other person employed by the same law firm may be appointed to the
	6991	+	11 committee.
	6992	+	12 (e) A member of the committee may not be:
	6993	+	13 (1) a current or former judge of the Marion superior or circuit
	6994	+	14 court;
	6995	+	15 (2) a current or former judicial officer appointed by the Marion
	6996	+	16 superior or circuit court;
	6997	+	17 (3) a current or former employee of the Marion superior or circuit
	6998	+	18 court; or
	6999	+	19 (4) a close relative of anyone described in subdivision (1), (2), or
	7000	+	20 (3).
	7001	+	21 This subsection does not apply to a member appointed under
	7002	+	22 subsection (c)(7) or (c)(8).
	7003	+	23 (f) All attorney members of the committee must be in active and
	7004	+	24 good standing with the Indiana Supreme Court.
	7005	+	25 (g) Each member of the committee who is not an ex officio member
	7006	+	26 serves a four (4) year term, beginning on July 1, 2017, and ending on
	7007	+	27 June 30, 2021. A member of the committee may be reappointed for one
	7008	+	28 (1) or more additional four (4) year terms. If a member is appointed to
	7009	+	29 fill a vacancy, the member serves during the unexpired term of the
	7010	+	30 member's predecessor and may be reappointed for one (1) or more
	7011	+	31 additional four (4) year terms.
	7012	+	32 (h) If a vacancy exists on the committee, the appointing authority
	7013	+	33 who appointed the former member whose position has become vacant
	7014	+	34 shall appoint an individual to fill the vacancy.
	7015	+	35 (i) An ex officio member of the committee ceases to be a member
	7016	+	36 of the committee at the time the person no longer holds the office that
	7017	+	37 entitles the person to be a member of the committee.
	7018	+	38 (j) A member of the committee described in subsection (c)(1)
	7019	+	39 through (c)(6) who no longer resides in Marion County is considered
	7020	+	40 to have resigned from the committee. A member of the committee who
	7021	+	41 no longer resides in Marion County shall notify the chairperson in
	7022	+	42 writing of the member's change in residence.
	7023	+	SB 80—LS 6051/DI 112 164
	7024	+	1 (k) A quorum consists of nine (9) members of the committee.
	7025	+	2 (l) The affirmative votes of nine (9) members of the committee are
	7026	+	3 required for the committee to take official action with respect to any
	7027	+	4 candidate for judicial office.
	7028	+	5 (m) The committee shall:
	7029	+	6 (1) nominate judicial candidates for the court in accordance with
	7030	+	7 section 13.4 of this chapter; and
	7031	+	8 (2) make recommendations concerning retention in accordance
	7032	+	9 with section 13.7 of this chapter.
	7033	+	10 (n) The committee meets upon the call of the chairperson.
	7034	+	11 (o) The committee shall meet in the Indiana statehouse or in any
	7035	+	12 other appropriate location in Marion County, as determined by the
	7036	+	13 chairperson.
	7037	+	14 (p) Except as otherwise provided in subsection (q) or otherwise
	7038	+	15 provided in this chapter, the committee may adopt its own policies and
	7039	+	16 operating procedures. The policies and procedures must comply with
	7040	+	17 IC 5-14-1.5 (the open door law) and this chapter, and must include
	7041	+	18 procedures by which eligible candidates for a vacancy on the court may
	7042	+	19 submit their names to the committee. The policies and procedures are
	7043	+	20 public records, and the meetings of the committee at which the policies
	7044	+	21 and procedures are considered for initial adoption or amendment must
	7045	+	22 be publicly announced and open to the public. Applications of
	7046	+	23 candidates for judicial appointment are public records.
	7047	+	24 (q) Notwithstanding IC 5-14-1.5-2, the committee is a public agency
	7048	+	25 for the purposes of IC 5-14-1.5. The committee may meet in executive
	7049	+	26 session under IC 5-14-1.5-6.1 for the consideration of a candidate for
	7050	+	27 appointment to or retention on the court if:
	7051	+	28 (1) notice of the executive session is given in the manner
	7052	+	29 prescribed by IC 5-14-1.5-5; and
	7053	+	30 (2) all interviews of candidates are conducted at meetings open to
	7054	+	31 the public.
	7055	+	32 (r) Notwithstanding IC 5-14-3-4, all public records (as defined in
	7056	+	33 IC 5-14-3-2) of the committee are subject to IC 5-14-3-3, including
	7057	+	34 records described in IC 5-14-3-4(b)(12). However, the following
	7058	+	35 records are excepted from public inspection and copying at the
	7059	+	36 discretion of the committee:
	7060	+	37 (1) Personnel files of committee employees and members and
	7061	+	38 files of applicants for employment with the committee to the
	7062	+	39 extent permitted under IC 5-14-3-4(b)(8).
	7063	+	40 (2) Records specifically prepared for discussion or developed
	7064	+	41 during discussion in an executive session under IC 5-14-1.5-6.1,
	7065	+	42 unless the records are prepared for use in the consideration of a
	7066	+	SB 80—LS 6051/DI 112 165
	7067	+	1 candidate for retention or judicial appointment.
	7068	+	2 (3) Investigatory records prepared for the committee until:
	7069	+	3 (A) the records are considered in connection with the
	7070	+	4 consideration of a candidate;
	7071	+	5 (B) the records are publicly discussed by the committee in
	7072	+	6 connection with the consideration of a candidate;
	7073	+	7 (C) a candidate elects to have the records released by the
	7074	+	8 committee; or
	7075	+	9 (D) the committee elects to release the records that the
	7076	+	10 committee considers appropriate in response to publicly
	7077	+	11 disseminated statements relating to the activities or actions of
	7078	+	12 the committee;
	7079	+	13 whichever occurs first.
	7080	+	14 (4) The work product of an attorney (as defined in IC 5-14-3-2)
	7081	+	15 representing the committee.
	7082	+	16 (s) When an event described by subsection (r)(3) occurs, the
	7083	+	17 investigatory record becomes available for public inspection and
	7084	+	18 copying under IC 5-14-3-3.
	7085	+	19 (t) A former member of the committee may not be nominated as a
	7086	+	20 judge of the court if the person has served as a member of the
	7087	+	21 committee within the previous five (5) years.
	7088	+	22 SECTION 174. IC 33-42-9-7, AS AMENDED BY P.L.185-2021,
	7089	+	23 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	7090	+	24 JULY 1, 2025]: Sec. 7. (a) A notarial act may be performed by the
	7091	+	25 following individuals:
	7092	+	26 (1) Notaries public.
	7093	+	27 (2) An official court reporter acting under IC 33-41-1-6.
	7094	+	28 (3) Judges and justices of Indiana courts.
	7095	+	29 (4) The secretary of state.
	7096	+	30 (5) The clerk of the supreme court.
	7097	+	31 (6) Mayors, clerks, clerk-treasurers of towns and cities, township
	7098	+	32 trustees, in their respective towns, cities, and townships.
	7099	+	33 (7) Clerks of circuit courts and master commissioners in their
	7100	+	34 respective counties.
	7101	+	35 (8) Judges of United States district courts of Indiana, in their
	7102	+	36 respective jurisdictions.
	7103	+	37 (9) United States commissioners appointed for any United States
	7104	+	38 district court of Indiana, in their respective jurisdictions.
	7105	+	39 (10) A precinct election officer (as defined in IC 3-5-2-40.1)
	7106	+	40 IC 3-5-2.1-82) and an absentee voter board member appointed
	7107	+	41 under IC 3-11-10 or IC 3-11.5-4, for any purpose authorized
	7108	+	42 under IC 3.
	7109	+	SB 80—LS 6051/DI 112 166
	7110	+	1 (11) A member of the Indiana election commission, a co-director
	7111	+	2 of the election division, or an employee of the election division as
	7112	+	3 defined under IC 3-6-4.2.
	7113	+	4 (12) County auditors in their respective counties.
	7114	+	5 (13) County recorders in their respective counties.
	7115	+	6 (14) Any member of the Indiana general assembly anywhere in
	7116	+	7 Indiana.
	7117	+	8 (15) The adjutant general of the Indiana National Guard, specific
	7118	+	9 active duty members, reserve duty members, or civilian
	7119	+	10 employees of the Indiana National Guard designated by the
	7120	+	11 adjutant general of the Indiana National Guard for any purpose
	7121	+	12 related to the service of an active duty or reserve member of the
	7122	+	13 Indiana National Guard.
	7123	+	14 (b) The signature and title of an individual performing a notarial act
	7124	+	15 in Indiana is prima facie evidence of the fact that:
	7125	+	16 (1) the signature is genuine; and
	7126	+	17 (2) the individual holds the designated title.
	7127	+	18 SECTION 175. IC 34-6-2 IS REPEALED [EFFECTIVE JULY 1,
	7128	+	19 2025]. (Definitions for Civil Law Statute).
	7129	+	20 SECTION 176. IC 34-6-2.1 IS ADDED TO THE INDIANA CODE
	7130	+	21 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	7131	+	22 JULY 1, 2025]:
	7132	+	23 Chapter 2.1. Definitions
	7133	+	24 Sec. 1. (a) "Actual damages", for purposes of IC 34-15-3,
	7134	+	25 includes all damages that the plaintiff may have suffered in respect
	7135	+	26 to the plaintiff's character, property, business, trade, profession, or
	7136	+	27 occupation.
	7137	+	28 (b) "Actual damages", for purposes of IC 34-15-4, means all
	7138	+	29 damages that the plaintiff may have suffered in respect to the
	7139	+	30 plaintiff's reputation, property, business, trade, profession, or
	7140	+	31 occupation.
	7141	+	32 (c) The phrase does not include any other damages.
	7142	+	33 Sec. 2. "Adult person", for purposes of IC 34-23-1-2, has the
	7143	+	34 meaning set forth in IC 34-23-1-2(a).
	7144	+	35 Sec. 3. "Advance payment", for purposes of IC 34-44-2, means
	7145	+	36 a payment made:
	7146	+	37 (1) by:
	7147	+	38 (A) the defendant in an action to recover damages for
	7148	+	39 personal injuries, wrongful death, or property damage; or
	7149	+	40 (B) the defendant's insurance company; and
	7150	+	41 (2) to or for the plaintiff or any other person.
	7151	+	42 Sec. 4. "Advanced emergency medical technician", for purposes
	7152	+	SB 80—LS 6051/DI 112 167
	7153	+	1 of IC 34-18, has the meaning set forth in IC 34-18-2-3.5.
	7154	+	2 Sec. 5. (a) "Advertiser or sponsor", for purposes of IC 34-30-22,
	7155	+	3 means a person who for political, commercial, educational,
	7156	+	4 benevolent, or charitable purposes:
	7157	+	5 (1) donates or contributes money, materials, or products; or
	7158	+	6 (2) pays fees to advertise or display trademarks;
	7159	+	7 in connection with an event.
	7160	+	8 (b) The term does not include a person who exercises primary
	7161	+	9 control over an event.
	7162	+	10 Sec. 6. (a) "Agency", for purposes of IC 34-30-9, has the
	7163	+	11 meaning set forth in IC 4-20.5-1-3. The term includes any
	7164	+	12 institution supported by taxes.
	7165	+	13 (b) "Agency", for purposes of IC 34-52-2, refers to any elected
	7166	+	14 official or other authority exercising any of the executive, including
	7167	+	15 administrative, authority of the state. The term does not include
	7168	+	16 the legislative or judicial department of state government or a
	7169	+	17 political subdivision.
	7170	+	18 Sec. 7. "Aggrieved person", for purposes of IC 34-24-2, means
	7171	+	19 any of the following:
	7172	+	20 (1) A person who has an interest in property or in an
	7173	+	21 enterprise that:
	7174	+	22 (A) is the object of corrupt business influence (IC
	7175	+	23 35-45-6-2); or
	7176	+	24 (B) has suffered damages or harm as a result of corrupt
	7177	+	25 business influence (IC 35-45-6-2).
	7178	+	26 (2) An individual whose personal safety is threatened by
	7179	+	27 criminal organization (as defined in section 42 of this chapter)
	7180	+	28 activity.
	7181	+	29 (3) An individual or a business whose property value or
	7182	+	30 business activity is negatively affected due to criminal
	7183	+	31 organization (as defined in section 42 of this chapter) activity.
	7184	+	32 (4) A political subdivision in which criminal organization (as
	7185	+	33 defined in section 42 of this chapter) activity negatively affects
	7186	+	34 the property values or business activity of the political
	7187	+	35 subdivision or the personal safety of the political subdivision's
	7188	+	36 residents.
	7189	+	37 (5) The state.
	7190	+	38 Sec. 8. "Agricultural product", for purposes of IC 34-30-3 and
	7191	+	39 IC 34-30-5, means a natural product of a farm, a nursery, a grove,
	7192	+	40 an orchard, a vineyard, a garden, or an apiary. The term includes
	7193	+	41 trees and firewood.
	7194	+	42 Sec. 9. "Agritourism activity", for the purposes of IC 34-31-9,
	7195	+	SB 80—LS 6051/DI 112 168
	7196	+	1 has the meaning set forth in IC 34-31-9-2.
	7197	+	2 Sec. 10. "Agritourism provider", for the purposes of IC 34-31-9,
	7198	+	3 has the meaning set forth in IC 34-31-9-3.
	7199	+	4 Sec. 11. "Ambulance service", for purposes of IC 34-18, has the
	7200	+	5 meaning set forth in IC 34-18-2-4.
	7201	+	6 Sec. 12. "Annual aggregate", for purposes of IC 34-18, has the
	7202	+	7 meaning set forth in IC 34-18-2-5.
	7203	+	8 Sec. 13. "Arising (or arises) from a (or the) state disaster
	7204	+	9 emergency", for purposes of IC 34-7-8 and IC 34-30-13.5, means
	7205	+	10 an injury or harm:
	7206	+	11 (1) caused by or resulting from an act or omission performed
	7207	+	12 in response to a state disaster emergency declared under
	7208	+	13 IC 10-14-3-12 to respond to COVID-19; and
	7209	+	14 (2) arising from COVID-19.
	7210	+	15 Sec. 14. (a) "Arising from COVID-19", for purposes of
	7211	+	16 IC 34-30-32, has the meaning set forth in IC 34-30-32-2.
	7212	+	17 (b) "Arising from COVID-19", for purposes of section 13 of this
	7213	+	18 chapter, IC 34-12-5, and IC 34-13-3-3, means an injury or harm
	7214	+	19 caused by or resulting from:
	7215	+	20 (1) the actual, alleged, or possible exposure to or contraction
	7216	+	21 of COVID-19; or
	7217	+	22 (2) services, treatment, or other actions performed for
	7218	+	23 COVID-19.
	7219	+	24 (c) The definition under subsection (b) includes:
	7220	+	25 (1) the implementation of policies and procedures to:
	7221	+	26 (A) prevent or minimize the spread of COVID-19; and
	7222	+	27 (B) reallocate or procure staff or resources for COVID-19;
	7223	+	28 (2) testing in response to COVID-19;
	7224	+	29 (3) monitoring, collecting, reporting, tracking, tracing,
	7225	+	30 disclosing, or investigating COVID-19 exposure or other
	7226	+	31 COVID-19 related information;
	7227	+	32 (4) using, designing, manufacturing, providing, donating, or
	7228	+	33 servicing precautionary, diagnostic, collection, or other health
	7229	+	34 equipment or supplies, including personal protective
	7230	+	35 equipment, for COVID-19;
	7231	+	36 (5) closing or partially closing to prevent or minimize the
	7232	+	37 spread of COVID-19;
	7233	+	38 (6) delaying or modifying the scheduling or performance of a
	7234	+	39 nonemergency medical procedure or appointment due to
	7235	+	40 COVID-19;
	7236	+	41 (7) reasonable nonperformance of medical services due to
	7237	+	42 COVID-19; and
	7238	+	SB 80—LS 6051/DI 112 169
	7239	+	1 (8) providing services or products in response to government
	7240	+	2 appeal or repurposing operations to address an urgent need
	7241	+	3 for personal protective equipment, sanitation products, or
	7242	+	4 other products necessary to protect the public from
	7243	+	5 COVID-19.
	7244	+	6 Sec. 15. "Armory", for purposes of IC 34-30-8, means an
	7245	+	7 armory constructed and operated under IC 10-16-3 or IC 10-16-4.
	7246	+	8 Sec. 16. "Asbestos claim", for purposes of IC 34-31-8, has the
	7247	+	9 meaning set forth in IC 34-31-8-1.
	7248	+	10 Sec. 17. "Assisting sheriff", for purposes of IC 34-47-4, means
	7249	+	11 the sheriff of a county other than the county in which a writ of
	7250	+	12 attachment has been issued under IC 34-47-4.
	7251	+	13 Sec. 18. "Auctioneer", for purposes of IC 34-55-6, means an
	7252	+	14 auctioneer licensed under IC 25-6.1.
	7253	+	15 Sec. 19. "Authority", for purposes of IC 34-18, has the meaning
	7254	+	16 set forth in IC 34-18-2-6.
	7255	+	17 Sec. 20. "Authorized persons", for purposes of IC 34-43-1,
	7256	+	18 include:
	7257	+	19 (1) the patient;
	7258	+	20 (2) a person authorized by the patient to request the records,
	7259	+	21 if the authorization was made in writing not more than sixty
	7260	+	22 (60) days before the date of the request for the records;
	7261	+	23 (3) physicians or other professionals within the hospital;
	7262	+	24 (4) a person entitled to request health records under
	7263	+	25 IC 16-39-1-3;
	7264	+	26 (5) a coroner who is investigating a death under IC 36-2-14-6;
	7265	+	27 and
	7266	+	28 (6) any other person designated by order of a court of
	7267	+	29 competent jurisdiction.
	7268	+	30 Sec. 21. "Basic life support" has the meaning set forth in
	7269	+	31 IC 16-18-2-33.5.
	7270	+	32 Sec. 22. "Beverages", for purposes of IC 34-30-8, includes
	7271	+	33 alcoholic beverages.
	7272	+	34 Sec. 23. "Business", for purposes of IC 34-42, means each
	7273	+	35 business, bank, industry, governmental entity, profession,
	7274	+	36 occupation, and calling of every kind.
	7275	+	37 Sec. 24. "Center", for purposes of IC 34-57-3, means a
	7276	+	38 community dispute resolution center or local program that
	7277	+	39 provides conciliation, mediation, arbitration, or other dispute
	7278	+	40 resolution services.
	7279	+	41 Sec. 25. "Certified copy of a certificate of title", for purposes of
	7280	+	42 IC 34-40-4, means a document that is:
	7281	+	SB 80—LS 6051/DI 112 170
	7282	+	1 (1) a copy of a certificate of title for a motor vehicle, by
	7283	+	2 whatever name designated, that is issued by the bureau of
	7284	+	3 motor vehicles or a governmental entity in another state;
	7285	+	4 (2) prepared from a record of the governmental entity issuing
	7286	+	5 the certificate of title; and
	7287	+	6 (3) certified by the officer having legal custody of the record
	7288	+	7 described in subdivision (2) or the officer's deputy.
	7289	+	8 Sec. 26. "Charitable entity", for purposes of IC 34-30-5, means
	7290	+	9 any entity exempted from state gross retail tax under
	7291	+	10 IC 6-2.5-5-25(a)(1)(B).
	7292	+	11 Sec. 27. (a) "Child", for purposes of IC 34-23-2, has the meaning
	7293	+	12 set forth in IC 34-23-2.
	7294	+	13 (b) "Child", for purposes of IC 34-30-11, includes a child of any
	7295	+	14 age.
	7296	+	15 (c) "Child", for purposes of IC 34-30-29, means an individual
	7297	+	16 less than eighteen (18) years of age who does not have the capacity
	7298	+	17 to exit a motor vehicle.
	7299	+	18 (d) "Child", for purposes of IC 34-31-4, means an
	7300	+	19 unemancipated person who is less than eighteen (18) years of age.
	7301	+	20 Sec. 28. "Cognovit note", for purposes of IC 34-54-4, means a
	7302	+	21 negotiable instrument or other written contract to pay money that
	7303	+	22 contains a provision or stipulation:
	7304	+	23 (1) giving to any person a power of attorney, or authority as
	7305	+	24 attorney, for the maker, endorser, assignor, or other person
	7306	+	25 liable on the negotiable instrument or contract, and in the
	7307	+	26 name of the maker, endorser, assignor, or other obligor:
	7308	+	27 (A) to appear in any court, whether of record or inferior;
	7309	+	28 or
	7310	+	29 (B) to waive personal service of process;
	7311	+	30 in any action to enforce payment of money or any part of the
	7312	+	31 money claimed to be due;
	7313	+	32 (2) authorizing or purporting to authorize an attorney, agent,
	7314	+	33 or other representative, however designated, to confess
	7315	+	34 judgment on the instrument for a sum of money when the sum
	7316	+	35 is to be ascertained, or the judgment is to be rendered or
	7317	+	36 entered otherwise than by action of court upon a hearing after
	7318	+	37 personal service upon the debtor, whether with or without
	7319	+	38 attorney's fee; or
	7320	+	39 (3) authorizing or purporting to authorize an attorney, agent,
	7321	+	40 or representative to:
	7322	+	41 (A) release errors or the right of appeal from any
	7323	+	42 judgment; or
	7324	+	SB 80—LS 6051/DI 112 171
	7325	+	1 (B) consent to the issuance of execution on the judgment.
	7326	+	2 Sec. 29. "College, university, or junior college", for purposes of
	7327	+	3 IC 34-18, has the meaning set forth in IC 34-18-2-7.
	7328	+	4 Sec. 30. "Commissioner", for purposes of IC 34-18, has the
	7329	+	5 meaning set forth in IC 34-18-2-8.
	7330	+	6 Sec. 31. "Community health center", for purposes of IC 34-18,
	7331	+	7 has the meaning set forth in IC 34-18-2-9.
	7332	+	8 Sec. 32. "Community intellectual disability center", for
	7333	+	9 purposes of IC 34-18, has the meaning set forth in IC 34-18-2-11.
	7334	+	10 Sec. 33. "Community mental health center", for purposes of
	7335	+	11 IC 34-18, has the meaning set forth in IC 34-18-2-10.
	7336	+	12 Sec. 34. (a) "Compensation", for purposes of section 175 of this
	7337	+	13 chapter, does not include payments:
	7338	+	14 (1) to reimburse the expenses of a qualified director (as
	7339	+	15 defined in section 175 of this chapter); and
	7340	+	16 (2) for per diem.
	7341	+	17 (b) "Compensation", for purposes of IC 34-30-18, means
	7342	+	18 anything of value given as payment for performing a function. The
	7343	+	19 term does not include:
	7344	+	20 (1) payment for expenses, prizes, or trophies; or
	7345	+	21 (2) a payment to an individual of fifteen dollars ($15) or less
	7346	+	22 for performing one (1) or more functions during a day.
	7347	+	23 (c) "Compensation", for purposes of IC 34-30-19, does not
	7348	+	24 include the following:
	7349	+	25 (1) Reimbursement or payment of reasonable expenses
	7350	+	26 incurred for the benefit of a sports or leisure activity.
	7351	+	27 (2) Any award, meal, or other gift that does not exceed one
	7352	+	28 hundred dollars ($100) in value and is given as a token of
	7353	+	29 appreciation or recognition.
	7354	+	30 (3) Any per diem payment that does not exceed fifty dollars
	7355	+	31 ($50) for personal services as a referee, umpire, judge, or
	7356	+	32 assistant to a referee, umpire, or judge.
	7357	+	33 Sec. 35. "Consumer", for purposes of IC 34-20, means:
	7358	+	34 (1) a purchaser;
	7359	+	35 (2) any individual who uses or consumes the product;
	7360	+	36 (3) any other person who, while acting for or on behalf of the
	7361	+	37 injured party, was in possession and control of the product in
	7362	+	38 question; or
	7363	+	39 (4) any bystander injured by the product who would
	7364	+	40 reasonably be expected to be in the vicinity of the product
	7365	+	41 during its reasonably expected use.
	7366	+	42 Sec. 36. "Corporation", for purposes of IC 34-31-8, has the
	7367	+	SB 80—LS 6051/DI 112 172
	7368	+	1 meaning set forth in IC 34-31-8-2.
	7369	+	2 Sec. 37. "Cost of the periodic payments agreement", for
	7370	+	3 purposes of IC 34-18-14, has the meaning set forth in
	7371	+	4 IC 34-18-14-1.
	7372	+	5 Sec. 38. "Costs", for purposes of this article, includes fees.
	7373	+	6 Sec. 39. (a) "Court", for purposes of IC 34-51-4, refers to the
	7374	+	7 court awarding a judgment.
	7375	+	8 (b) "Court", for purposes of IC 34-57-2, has the meaning set
	7376	+	9 forth in IC 34-57-2-17.
	7377	+	10 Sec. 40. (a) "COVID-19", for purposes of IC 34-30-32, has the
	7378	+	11 meaning set forth in IC 34-30-32-3.
	7379	+	12 (b) "COVID-19", for purposes of IC 34-30-33, has the meaning
	7380	+	13 set forth in IC 34-30-33-2.
	7381	+	14 (c) "COVID-19", for purposes of sections 14 and 84 of this
	7382	+	15 chapter, IC 34-7-8, IC 34-12-5, IC 34-13-3-3, IC 34-30-13.5-1, and
	7383	+	16 IC 34-30-13.5-3, has the meaning set forth in IC 34-30-32-3.
	7384	+	17 Sec. 41. "COVID-19 protective product", for purposes of
	7385	+	18 IC 34-30-33, has the meaning set forth in IC 34-30-33-2.
	7386	+	19 Sec. 42. "Criminal organization", for purposes of section 7 of
	7387	+	20 this chapter, has the meaning set forth in IC 35-45-9-1.
	7388	+	21 Sec. 43. "Cyber liability" means liability related to use of
	7389	+	22 computer systems.
	7390	+	23 Sec. 44. "Daily newspaper", for purposes of IC 34-15-4, means
	7391	+	24 a newspaper that publishes five (5) or more issues each week.
	7392	+	25 Sec. 45. "Debt", for purposes of sections 63, 107, 112, 113, and
	7393	+	26 188 of this chapter and IC 34-55-10, means a legally or an
	7394	+	27 equitably enforced monetary obligation or liability of an individual
	7395	+	28 arising out of contract, tort, or otherwise.
	7396	+	29 Sec. 46. "Department", for purposes of IC 34-13-3-7, refers to
	7397	+	30 the department of correction.
	7398	+	31 Sec. 47. "Disclosure", for purposes of IC 34-21.5, has the
	7399	+	32 meaning set forth in IC 34-21.5-2-1.
	7400	+	33 Sec. 48. "Distribute", for purposes of IC 34-21.5, has the
	7401	+	34 meaning set forth in IC 34-21.5-2-1.
	7402	+	35 Sec. 49. "Domestic animal", for purposes of IC 34-30-30, has the
	7403	+	36 meaning set forth in IC 34-30-30-1.
	7404	+	37 Sec. 50. "Domestic or family violence" means, except for an act
	7405	+	38 of self-defense, the occurrence of at least one (1) of the following
	7406	+	39 acts committed by a family or household member:
	7407	+	40 (1) Attempting to cause, threatening to cause, or causing
	7408	+	41 physical harm to another family or household member.
	7409	+	42 (2) Placing a family or household member in fear of physical
	7410	+	SB 80—LS 6051/DI 112 173
	7411	+	1 harm.
	7412	+	2 (3) Causing a family or household member to involuntarily
	7413	+	3 engage in sexual activity by force, threat of force, or duress.
	7414	+	4 (4) Abusing (as described in IC 35-46-3-0.5), torturing (as
	7415	+	5 described in IC 35-46-3-0.5), mutilating (as described in
	7416	+	6 IC 35-46-3-0.5), or killing a vertebrate animal without
	7417	+	7 justification with the intent to threaten, intimidate, coerce,
	7418	+	8 harass, or terrorize a family or household member.
	7419	+	9 For purposes of IC 34-26-5, domestic and family violence also
	7420	+	10 includes stalking (as defined in IC 35-45-10-1) or a sex offense
	7421	+	11 under IC 35-42-4, whether or not the stalking or sex offense is
	7422	+	12 committed by a family or household member.
	7423	+	13 Sec. 51. "Economically feasible", for purposes of IC 34-55-6,
	7424	+	14 means a finding by the court that:
	7425	+	15 (1) a reasonable probability exists that with the use of
	7426	+	16 auctioneer services a valid and enforceable bid will be made
	7427	+	17 at the execution for a sale price equal to or greater than the
	7428	+	18 amount of the judgment and the costs and expenses necessary
	7429	+	19 to its satisfaction, including the costs of the auctioneer; and
	7430	+	20 (2) no such probability exists without the use of an auctioneer.
	7431	+	21 Sec. 52. "Emergency", for purposes of IC 34-30-6, means an
	7432	+	22 occurrence or an imminent threat of an occurrence that involves
	7433	+	23 a hazardous substance or compressed gas and that creates the
	7434	+	24 possibility of harm to any person, to property, or to the
	7435	+	25 environment.
	7436	+	26 Sec. 53. "Emergency medical technician", for purposes of
	7437	+	27 IC 34-18, has the meaning set forth in IC 34-18-2-12.
	7438	+	28 Sec. 54. (a) "Employee" and "public employee", for purposes of
	7439	+	29 section 137 of this chapter, IC 34-13-2, IC 34-13-3, IC 34-13-4, and
	7440	+	30 IC 34-30-14, mean a person presently or formerly acting on behalf
	7441	+	31 of a governmental entity, whether temporarily or permanently or
	7442	+	32 with or without compensation, including members of boards,
	7443	+	33 committees, commissions, authorities, and other instrumentalities
	7444	+	34 of governmental entities, volunteer firefighters (as defined in
	7445	+	35 IC 36-8-12-2), and elected public officials.
	7446	+	36 (b) The term also includes attorneys at law whether employed
	7447	+	37 by the governmental entity as employees or independent
	7448	+	38 contractors and physicians licensed under IC 25-22.5 and
	7449	+	39 optometrists who provide medical or optical care to confined
	7450	+	40 offenders (as defined in IC 11-8-1) within the course of their
	7451	+	41 employment by or contractual relationship with the department of
	7452	+	42 correction. However, the term does not include:
	7453	+	SB 80—LS 6051/DI 112 174
	7454	+	1 (1) an independent contractor (other than an attorney at law,
	7455	+	2 a physician, or an optometrist described in this section);
	7456	+	3 (2) an agent or employee of an independent contractor;
	7457	+	4 (3) a person appointed by the governor to an honorary
	7458	+	5 advisory or honorary military position; or
	7459	+	6 (4) a physician licensed under IC 25-22.5 with regard to a
	7460	+	7 claim against the physician for an act or omission occurring
	7461	+	8 or allegedly occurring in the physician's capacity as an
	7462	+	9 employee of a hospital.
	7463	+	10 (c) For purposes of IC 34-13-3 and IC 34-13-4, the term includes
	7464	+	11 a person that engages in an act or omission before July 1, 2004, in
	7465	+	12 the person's capacity as:
	7466	+	13 (1) a contractor under IC 6-1.1-4-32 (repealed);
	7467	+	14 (2) an employee acting within the scope of the employee's
	7468	+	15 duties for a contractor under IC 6-1.1-4-32 (repealed);
	7469	+	16 (3) a subcontractor of the contractor under IC 6-1.1-4-32
	7470	+	17 (repealed) that is acting within the scope of the
	7471	+	18 subcontractor's duties; or
	7472	+	19 (4) an employee of a subcontractor described in subdivision
	7473	+	20 (3) that is acting within the scope of the employee's duties.
	7474	+	21 Sec. 55. "Enterprise", for purposes of IC 34-24-2, has the
	7475	+	22 meaning set forth in IC 35-45-6-1.
	7476	+	23 Sec. 56. "Equine", for purposes of IC 34-31-5, means a horse,
	7477	+	24 pony, mule, donkey, or hinny.
	7478	+	25 Sec. 57. (a) "Equine activity", for purposes of IC 34-31-5,
	7479	+	26 includes the following:
	7480	+	27 (1) Equine shows, fairs, competitions, performances, or
	7481	+	28 parades that involve equines and any of the equine disciplines,
	7482	+	29 including dressage, hunter and jumper horse shows, grand
	7483	+	30 prix jumping, three (3) day events, combined training, rodeos,
	7484	+	31 driving, pulling, cutting, polo, steeplechasing, English and
	7485	+	32 western performance riding, endurance trail riding and
	7486	+	33 western games, and hunting.
	7487	+	34 (2) Equine training or teaching activities.
	7488	+	35 (3) Boarding equines.
	7489	+	36 (4) Riding, driving, inspecting, or evaluating an equine,
	7490	+	37 whether or not monetary consideration or anything of value
	7491	+	38 is exchanged.
	7492	+	39 (5) Rides, trips, hunts, or other equine activities of any type
	7493	+	40 (even if informal or impromptu) that are sponsored by an
	7494	+	41 equine activity sponsor.
	7495	+	42 (6) Placing or replacing horseshoes on an equine.
	7496	+	SB 80—LS 6051/DI 112 175
	7497	+	1 (b) The term does not include being a spectator at an equine
	7498	+	2 activity.
	7499	+	3 Sec. 58. "Equine activity sponsor", for purposes of IC 34-31-5,
	7500	+	4 means a person who sponsors, organizes, or provides facilities for
	7501	+	5 an equine activity.
	7502	+	6 Sec. 59. "Equine professional", for purposes of IC 34-31-5,
	7503	+	7 means a person who, for compensation:
	7504	+	8 (1) instructs a participant on riding, driving, or being a
	7505	+	9 passenger upon an equine;
	7506	+	10 (2) rents to a participant an equine for the purpose of riding,
	7507	+	11 driving, or being a passenger upon the equine; or
	7508	+	12 (3) rents equipment or tack to a participant.
	7509	+	13 Sec. 60. (a) "Evaluation of patient care", for purposes of
	7510	+	14 IC 34-30-15, relates to:
	7511	+	15 (1) the accuracy of diagnosis;
	7512	+	16 (2) the propriety, appropriateness, quality, or necessity of
	7513	+	17 care rendered by a professional health care provider; and
	7514	+	18 (3) the reasonableness of the utilization of services,
	7515	+	19 procedures, and facilities in the treatment of individual
	7516	+	20 patients.
	7517	+	21 (b) The term does not relate to charges for services or to
	7518	+	22 methods used in arriving at diagnoses.
	7519	+	23 Sec. 61. "Event", for purposes of section 5 of this chapter and
	7520	+	24 IC 34-30-22, means:
	7521	+	25 (1) a performance;
	7522	+	26 (2) a benefit;
	7523	+	27 (3) a fundraiser;
	7524	+	28 (4) an auction;
	7525	+	29 (5) a meal;
	7526	+	30 (6) a concert;
	7527	+	31 (7) a sporting event;
	7528	+	32 (8) a festival;
	7529	+	33 (9) a parade;
	7530	+	34 (10) a reception;
	7531	+	35 (11) a trade show;
	7532	+	36 (12) a convention;
	7533	+	37 (13) an educational program; or
	7534	+	38 (14) another occasion organized by or for a federally tax
	7535	+	39 exempt organization.
	7536	+	40 Sec. 62. "Exempt", for purposes of IC 34-55-10, means
	7537	+	41 protected from a judicial lien, process, or proceeding to collect a
	7538	+	42 debt.
	7539	+	SB 80—LS 6051/DI 112 176
	7540	+	1 Sec. 63. "Exemption", for purposes of IC 34-55-10, means
	7541	+	2 protection from a judicial lien, process, or proceeding to collect a
	7542	+	3 debt.
	7543	+	4 Sec. 64. (a) "Extreme sport area", for purposes of IC 34-13-3,
	7544	+	5 means an indoor or outdoor ramp, course, or area specifically
	7545	+	6 designated for the exclusive recreational or sporting use of one (1)
	7546	+	7 or more types of extreme sport equipment.
	7547	+	8 (b) The term does not include property used at any time as a
	7548	+	9 public sidewalk, footpath, vehicle parking lot, multiple use trail,
	7549	+	10 multiple use greenway, or other public way.
	7550	+	11 Sec. 65. "Extreme sport equipment", for purposes of section 64
	7551	+	12 of this chapter and IC 34-13-3, means any of the following
	7552	+	13 nonmotorized devices:
	7553	+	14 (1) Skateboards.
	7554	+	15 (2) Roller skates.
	7555	+	16 (3) Inline skates.
	7556	+	17 (4) Freestyle bicycles.
	7557	+	18 (5) Mountain bicycles.
	7558	+	19 (6) An apparatus that is:
	7559	+	20 (A) wheeled;
	7560	+	21 (B) recreational or sporting in nature;
	7561	+	22 (C) powered solely by the physical efforts of the user; and
	7562	+	23 (D) generally known, as the term is used in Rule 201 of the
	7563	+	24 Indiana Rules of Evidence, as an apparatus used for
	7564	+	25 extreme sport.
	7565	+	26 Sec. 66. "Family law arbitrator", for purposes of IC 34-57-5,
	7566	+	27 means:
	7567	+	28 (1) an attorney certified as a family law specialist in Indiana
	7568	+	29 by an independent certifying organization that is approved
	7569	+	30 and monitored under Rule 30 of the Rules for Admission to
	7570	+	31 the Bar;
	7571	+	32 (2) a private judge qualified under Rule 1.3 of the Indiana
	7572	+	33 Supreme Court Rules for Alternative Dispute Resolution;
	7573	+	34 (3) an individual who is a former magistrate or commissioner
	7574	+	35 of an Indiana court of record; or
	7575	+	36 (4) an attorney who is a registered domestic relations
	7576	+	37 mediator under Rule 2.5(B) of the Indiana Supreme Court
	7577	+	38 Rules for Alternative Dispute Resolution.
	7578	+	39 Sec. 67. (a) An individual is a "family or household member" of
	7579	+	40 another person if the individual:
	7580	+	41 (1) is a current or former spouse of the other person;
	7581	+	42 (2) is dating or has dated the other person;
	7582	+	SB 80—LS 6051/DI 112 177
	7583	+	1 (3) is engaged or was engaged in a sexual relationship with the
	7584	+	2 other person;
	7585	+	3 (4) is related by blood or adoption to the other person;
	7586	+	4 (5) is or was related by marriage to the other person;
	7587	+	5 (6) has or previously had an established legal relationship:
	7588	+	6 (A) as a guardian of the other person;
	7589	+	7 (B) as a ward of the other person;
	7590	+	8 (C) as a custodian of the other person;
	7591	+	9 (D) as a foster parent of the other person; or
	7592	+	10 (E) in a capacity with respect to the other person similar to
	7593	+	11 those listed in clauses (A) through (D);
	7594	+	12 (7) has a child in common with the other person; or
	7595	+	13 (8) has adopted a child of the other person.
	7596	+	14 (b) An individual is a "family or household member" of both
	7597	+	15 persons to whom subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5),
	7598	+	16 (a)(6), (a)(7), or (a)(8) applies if the individual is a minor child of
	7599	+	17 one (1) of the persons.
	7600	+	18 Sec. 68. (a) "Fault", for purposes of IC 34-20, means an act or
	7601	+	19 omission that is negligent, willful, wanton, reckless, or intentional
	7602	+	20 toward the person or property of others. The term includes the
	7603	+	21 following:
	7604	+	22 (1) Unreasonable failure to avoid an injury or to mitigate
	7605	+	23 damages.
	7606	+	24 (2) A finding under IC 34-20-2 (or IC 33-1-1.5-3 before its
	7607	+	25 repeal) that a person is subject to liability for physical harm
	7608	+	26 caused by a product, notwithstanding the lack of negligence
	7609	+	27 or willful, wanton, or reckless conduct by the manufacturer
	7610	+	28 or seller.
	7611	+	29 (b) "Fault", for purposes of IC 34-51-2 and IC 34-51-6, includes
	7612	+	30 any act or omission that is negligent, willful, wanton, reckless, or
	7613	+	31 intentional toward the person or property of others. The term also
	7614	+	32 includes unreasonable assumption of risk not constituting an
	7615	+	33 enforceable express consent, incurred risk, and unreasonable
	7616	+	34 failure to avoid an injury or to mitigate damages.
	7617	+	35 Sec. 69. "Fees or other expenses", for purposes of IC 34-52-2,
	7618	+	36 include:
	7619	+	37 (1) the reasonable expenses of expert witnesses that are found
	7620	+	38 by a court under IC 34-52-2 to be necessary for the
	7621	+	39 preparation of the petitioner's case;
	7622	+	40 (2) the reasonable costs of any:
	7623	+	41 (A) study;
	7624	+	42 (B) analysis;
	7625	+	SB 80—LS 6051/DI 112 178
	7626	+	1 (C) engineering report; or
	7627	+	2 (D) test project;
	7628	+	3 that are found by a court under IC 34-52-2 to be necessary for
	7629	+	4 the preparation of the petitioner's case;
	7630	+	5 (3) any reasonable discovery expenses, that are found by a
	7631	+	6 court under IC 34-52-2 to be necessary for the preparation of
	7632	+	7 the petitioner's case; and
	7633	+	8 (4) reasonable attorney's fees.
	7634	+	9 Sec. 70. "Financial interest", for purposes of IC 34-30-13.5-3,
	7635	+	10 means an ownership or investment interest through equity, debt,
	7636	+	11 or other means. The term includes an ownership or investment
	7637	+	12 interest in an entity that holds, either directly or through a
	7638	+	13 subsidiary, an ownership or investment interest.
	7639	+	14 Sec. 71. "Fire control or protection equipment", for purposes of
	7640	+	15 IC 34-30-10.5, includes vehicles, firefighting tools, protective gear,
	7641	+	16 breathing apparatuses, and other supplies, equipment, and tools
	7642	+	17 used in firefighting or emergency rescue.
	7643	+	18 Sec. 72. "Firearm", for purposes of IC 34-28-7 and IC 34-30-20,
	7644	+	19 has the meaning set forth in IC 35-47-1-5.
	7645	+	20 Sec. 73. "Food item", for purposes of IC 34-30-5, means any
	7646	+	21 item that may be ingested as a normal part of the human diet. The
	7647	+	22 term includes food that was prepared for serving by a food source
	7648	+	23 (as defined in section 74 of this chapter) but not served by the food
	7649	+	24 source.
	7650	+	25 Sec. 74. "Food source", for purposes of IC 34-30-5, means any
	7651	+	26 of the following:
	7652	+	27 (1) A restaurant.
	7653	+	28 (2) A cafeteria.
	7654	+	29 (3) A hospital.
	7655	+	30 (4) A hotel.
	7656	+	31 (5) A caterer.
	7657	+	32 (6) A public or a private school, or postsecondary educational
	7658	+	33 institution.
	7659	+	34 (7) A fraternal organization or veterans organization.
	7660	+	35 (8) Any other person that prepares and serves food to
	7661	+	36 individuals in the ordinary course of that person's business.
	7662	+	37 Sec. 75. "Foreign judgment", for purposes of IC 34-54-11,
	7663	+	38 means any judgment, decree or order of:
	7664	+	39 (1) a court of the United States; or
	7665	+	40 (2) any other court that is entitled to the full faith and credit
	7666	+	41 of Indiana.
	7667	+	42 Sec. 76. "Foreign protection order", for purposes of
	7668	+	SB 80—LS 6051/DI 112 179
	7669	+	1 IC 34-26-5-17, means a protection order issued by a tribunal of:
	7670	+	2 (1) another state; or
	7671	+	3 (2) an Indian tribe;
	7672	+	4 regardless of whether the protection order was issued in an
	7673	+	5 independent proceeding or as part of another criminal or civil
	7674	+	6 proceeding.
	7675	+	7 Sec. 77. (a) "Governmental entity", for purposes of section 137
	7676	+	8 of this chapter, IC 34-13-2, IC 34-13-3, and IC 34-13-4, means the
	7677	+	9 state or a political subdivision of the state. For purposes of
	7678	+	10 IC 34-13-2, IC 34-13-3, and IC 34-13-4, the term includes a charter
	7679	+	11 school.
	7680	+	12 (b) "Governmental entity", for purposes of section 149(j) of this
	7681	+	13 chapter, means the state or a political subdivision of the state.
	7682	+	14 Sec. 78. "Grant recipient", for purposes of IC 34-57-3, means a
	7683	+	15 nonprofit corporation or an organization that administers a
	7684	+	16 community dispute resolution center under IC 34-57-3.
	7685	+	17 Sec. 79. (a) "Gratuitously renders emergency care", for
	7686	+	18 purposes of IC 34-30-12-1, means the giving of emergency care
	7687	+	19 (including the use of an automatic external defibrillator):
	7688	+	20 (1) that was volunteered without legal obligation on the part
	7689	+	21 of the person rendering the emergency care; and
	7690	+	22 (2) for which the person rendering the emergency care does
	7691	+	23 not expect remuneration.
	7692	+	24 (b) Emergency care may not be considered to be gratuitously
	7693	+	25 rendered emergency care solely because of the failure to send a bill
	7694	+	26 for the emergency care.
	7695	+	27 Sec. 80. (a) "Harassment", for purposes of IC 34-26-5, means
	7696	+	28 conduct directed toward a victim that includes, but is not limited
	7697	+	29 to, repeated or continuing impermissible contact:
	7698	+	30 (1) that would cause a reasonable person to suffer emotional
	7699	+	31 distress; and
	7700	+	32 (2) that actually causes the victim to suffer emotional distress.
	7701	+	33 (b) "Harassment" does not include statutorily or
	7702	+	34 constitutionally protected activity, such as lawful picketing
	7703	+	35 pursuant to labor disputes or lawful employer-related activities
	7704	+	36 pursuant to labor disputes.
	7705	+	37 Sec. 81. "Hazardous substance", for purposes of IC 34-30-6,
	7706	+	38 means:
	7707	+	39 (1) a material or waste that has been determined to be
	7708	+	40 hazardous or potentially hazardous to any individual, to
	7709	+	41 property, or to the environment by the United States
	7710	+	42 Environmental Protection Agency, the federal Nuclear
	7711	+	SB 80—LS 6051/DI 112 180
	7712	+	1 Regulatory Commission, the United States Department of
	7713	+	2 Transportation, the environmental rules board, or the United
	7714	+	3 States Occupational Safety and Health Agency or any agent
	7715	+	4 or designee of any of the above mentioned boards, agencies,
	7716	+	5 or commission; or
	7717	+	6 (2) any substance that may be potentially hazardous to any
	7718	+	7 person, to property or to the environment.
	7719	+	8 Sec. 82. "Health care", for purposes of IC 34-18, has the
	7720	+	9 meaning set forth in IC 34-18-2-13.
	7721	+	10 Sec. 83. (a) "Health care provider", for purposes of IC 34-18,
	7722	+	11 has the meaning set forth in IC 34-18-2-14.
	7723	+	12 (b) "Health care provider", for purposes of IC 34-30-12.5, has
	7724	+	13 the meaning set forth in IC 34-30-12.5-2.
	7725	+	14 Sec. 84. (a) "Health care services":
	7726	+	15 (1) except as provided in subdivision (2), for purposes of
	7727	+	16 IC 34-30-13, has the meaning set forth in IC 27-13-1-18(a);
	7728	+	17 and
	7729	+	18 (2) for purposes of IC 34-30-13-1.2, means only noninvasive
	7730	+	19 examinations, treatments, and procedures and the following
	7731	+	20 invasive procedures:
	7732	+	21 (A) Routine dental services.
	7733	+	22 (B) Injections.
	7734	+	23 (C) Suturing of minor lacerations.
	7735	+	24 (D) Incisions of boils or superficial abscesses.
	7736	+	25 The term does not include performance of an abortion,
	7737	+	26 including abortion by surgical means, by use of an abortion
	7738	+	27 inducing drug, or by prescribing a controlled substance or
	7739	+	28 scheduled drug under IC 35-48.
	7740	+	29 (b) "Health care services", for purposes of IC 34-30-13.5,
	7741	+	30 means:
	7742	+	31 (1) any services provided by an individual licensed under:
	7743	+	32 (A) IC 25-2.5;
	7744	+	33 (B) IC 25-10;
	7745	+	34 (C) IC 25-13;
	7746	+	35 (D) IC 25-14;
	7747	+	36 (E) IC 25-19;
	7748	+	37 (F) IC 25-22.5;
	7749	+	38 (G) IC 25-23;
	7750	+	39 (H) IC 25-23.5;
	7751	+	40 (I) IC 25-23.6;
	7752	+	41 (J) IC 25-24;
	7753	+	42 (K) IC 25-26;
	7754	+	SB 80—LS 6051/DI 112 181
	7755	+	1 (L) IC 25-27;
	7756	+	2 (M) IC 25-27.5;
	7757	+	3 (N) IC 25-29;
	7758	+	4 (O) IC 25-33;
	7759	+	5 (P) IC 25-34.5; or
	7760	+	6 (Q) IC 25-35.6;
	7761	+	7 (2) services provided as the result of hospitalization, to an
	7762	+	8 individual admitted to a health facility licensed under
	7763	+	9 IC 16-28, or to a person residing in a housing with services
	7764	+	10 establishment (as defined by IC 12-10-15-3);
	7765	+	11 (3) services incidental to the furnishing of services described
	7766	+	12 in subdivision (1) or (2);
	7767	+	13 (4) any services by individuals:
	7768	+	14 (A) licensed as paramedics;
	7769	+	15 (B) certified as advanced emergency medical technicians;
	7770	+	16 or
	7771	+	17 (C) certified as emergency medical technicians under
	7772	+	18 IC 16-31;
	7773	+	19 (5) any services provided by individuals certified as
	7774	+	20 emergency medical responders under IC 16-31;
	7775	+	21 (6) any services provided by certified health care
	7776	+	22 professionals who are registered with the Indiana department
	7777	+	23 of health, including:
	7778	+	24 (A) certified nurse aides certified under IC 16-28-1-11;
	7779	+	25 (B) qualified medication aides certified under
	7780	+	26 IC 16-28-1-11; and
	7781	+	27 (C) home health aides registered under rules adopted
	7782	+	28 under IC 16-27-1-7;
	7783	+	29 (7) any services provided by unlicensed health care
	7784	+	30 professionals who have successfully completed any applicable
	7785	+	31 training required by the Indiana department of health;
	7786	+	32 (8) any services provided by health care volunteers who are
	7787	+	33 permitted to practice during an event that is declared a
	7788	+	34 disaster emergency under IC 10-14-3-12 to respond to
	7789	+	35 COVID-19;
	7790	+	36 (9) any services provided by individuals with provisional or
	7791	+	37 temporary licenses who are permitted to practice during an
	7792	+	38 event that is declared a disaster emergency under
	7793	+	39 IC 10-14-3-12 to respond to COVID-19; or
	7794	+	40 (10) any other services or goods furnished for the purpose of
	7795	+	41 preventing, alleviating, curing, or healing human illness,
	7796	+	42 physical disability, or injury.
	7797	+	SB 80—LS 6051/DI 112 182
	7798	+	1 Sec. 85. "Health facility", for purposes of IC 34-18, has the
	7799	+	2 meaning set forth in IC 34-18-2-15.
	7800	+	3 Sec. 86. "Hitchhiker", for purposes of IC 34-30-11, means a
	7801	+	4 passenger who has solicited a ride in violation of IC 9-21-17-16.
	7802	+	5 Sec. 87. "Homeowners association", for purposes of section 175
	7803	+	6 of this chapter, means a corporation or other entity that:
	7804	+	7 (1) is organized and operated exclusively for the benefit of two
	7805	+	8 (2) or more persons who each own a dwelling in fee simple;
	7806	+	9 and
	7807	+	10 (2) acts, in accordance with the articles, bylaws, and other
	7808	+	11 documents governing the entity, to:
	7809	+	12 (A) acquire, transfer, manage, repair, maintain, or engage
	7810	+	13 in construction on or in the land and improvements on the
	7811	+	14 land related to the use of the dwellings owned by the
	7812	+	15 members of the corporation;
	7813	+	16 (B) purchase insurance to cover a casualty or an activity
	7814	+	17 on or in the land and improvements on the land;
	7815	+	18 (C) engage in an activity incidental to an activity described
	7816	+	19 in clause (A) or (B); or
	7817	+	20 (D) engage in more than one (1) of the activities described
	7818	+	21 in clauses (A) through (C).
	7819	+	22 Sec. 88. "Hospital", for purposes of IC 34-18, has the meaning
	7820	+	23 set forth in IC 34-18-2-16.
	7821	+	24 Sec. 89. "Hospital medical record", for purposes of IC 34-43-1,
	7822	+	25 means the hospital's clinical record maintained on each hospital
	7823	+	26 patient as provided in IC 16-18-2-168.
	7824	+	27 Sec. 90. "Ice skater", for purposes of IC 34-31-6.5, means a
	7825	+	28 person, including an invitee, who wears ice skates while in an ice
	7826	+	29 skating rink for the purpose of recreational or competitive ice
	7827	+	30 skating, whether or not the person pays consideration for entrance
	7828	+	31 to the skating rink.
	7829	+	32 Sec. 91. "Ice skating rink", for purposes of IC 34-31-6.5, means
	7830	+	33 a building, facility, or other property where an area specifically
	7831	+	34 designed for use for recreational or competitive ice skating is
	7832	+	35 present.
	7833	+	36 Sec. 92. "Illegal drug", for purposes of IC 34-24-4, means a drug
	7834	+	37 that is illegal to distribute under state law.
	7835	+	38 Sec. 93. "Illegal drug market", for purposes of IC 34-24-4,
	7836	+	39 means the support system of illegal drug related operations, from
	7837	+	40 production to retail sales, through which an illegal drug reaches a
	7838	+	41 drug user.
	7839	+	42 Sec. 94. "Illegal drug market target community", for purposes
	7840	+	SB 80—LS 6051/DI 112 183
	7841	+	1 of IC 34-24-4, means the following areas where a person
	7842	+	2 participates in the illegal drug market:
	7843	+	3 (1) The county in which the person's place of participation is
	7844	+	4 located if the person violates a statute concerning possession
	7845	+	5 or dealing of an illegal drug that is punishable as a Level 6
	7846	+	6 felony.
	7847	+	7 (2) The county described in subdivision (1) plus all counties
	7848	+	8 with a border contiguous to the county if the person violates
	7849	+	9 a statute concerning possession or dealing of an illegal drug
	7850	+	10 that is punishable as a Level 5 felony.
	7851	+	11 (3) The counties described in subdivision (2) plus all counties
	7852	+	12 with a border contiguous to those counties if the person
	7853	+	13 violates a statute concerning possession or dealing of an illegal
	7854	+	14 drug that is punishable as a Level 3 or Level 4 felony.
	7855	+	15 (4) Indiana if the person violates a statute in Indiana
	7856	+	16 concerning possession or dealing of an illegal drug that is
	7857	+	17 punishable as a Level 1 or Level 2 felony.
	7858	+	18 Sec. 95. "In good faith", for purposes of IC 34-13-3 and
	7859	+	19 IC 34-30-15, refers to an act taken:
	7860	+	20 (1) without malice;
	7861	+	21 (2) after a reasonable effort to obtain the facts of the matter;
	7862	+	22 and
	7863	+	23 (3) in the reasonable belief that the action taken is warranted
	7864	+	24 by the facts known.
	7865	+	25 Sec. 96. "Incapacitated", for purposes of IC 34-13-3, has the
	7866	+	26 meaning set forth in IC 29-3-1-7.5.
	7867	+	27 Sec. 97. "Indian tribe", for purposes of sections 76, 106, and 170
	7868	+	28 of this chapter and IC 34-26-5-17, means an Indian:
	7869	+	29 (1) tribe;
	7870	+	30 (2) band;
	7871	+	31 (3) pueblo;
	7872	+	32 (4) nation; or
	7873	+	33 (5) organized group or community, including an Alaska
	7874	+	34 Native village or regional or village corporation as defined in
	7875	+	35 or established under the Alaska Native Claims Settlement Act
	7876	+	36 (43 U.S.C. 1601 et seq.);
	7877	+	37 that is recognized as eligible for the special programs and services
	7878	+	38 provided by the United States to Indians because of their special
	7879	+	39 status as Indians.
	7880	+	40 Sec. 98. "Individual drug user", for purposes of IC 34-24-4,
	7881	+	41 means an individual whose illegal drug use is the basis of an action
	7882	+	42 brought under IC 34-24-4 (or IC 34-1-70 before its repeal).
	7883	+	SB 80—LS 6051/DI 112 184
	7884	+	1 Sec. 99. "Inherent risks of agritourism activities", for the
	7885	+	2 purposes of IC 34-31-9, has the meaning set forth in IC 34-31-9-4.
	7886	+	3 Sec. 100. "Inherent risks of equine activities", for purposes of
	7887	+	4 IC 34-31-5, means the dangers or conditions that are an integral
	7888	+	5 part of equine activities, including the following:
	7889	+	6 (1) The propensity of an equine to behave in ways that may
	7890	+	7 result in injury, harm, or death to persons on or around the
	7891	+	8 equine.
	7892	+	9 (2) The unpredictability of an equine's reaction to such things
	7893	+	10 as sound, sudden movement, unfamiliar objects, people, or
	7894	+	11 other animals.
	7895	+	12 (3) Hazards such as surface and subsurface conditions.
	7896	+	13 (4) Collisions with other equines or objects.
	7897	+	14 (5) The potential of a participant to act in a negligent manner
	7898	+	15 that may contribute to injury to the participant or others,
	7899	+	16 such as failing to maintain control over the animal or not
	7900	+	17 acting within the participant's ability.
	7901	+	18 Sec. 101. "Innocent successor corporation", for purposes of
	7902	+	19 IC 34-31-8, has the meaning set forth in IC 34-31-8-3.
	7903	+	20 Sec. 102. "Insured", for purposes of IC 34-53, means a person
	7904	+	21 insured by an insurer.
	7905	+	22 Sec. 103. (a) "Insurer", for purposes of IC 34-18, has the
	7906	+	23 meaning set forth in IC 34-18-2-17.
	7907	+	24 (b) "Insurer", for purposes of IC 34-53, has the meaning set
	7908	+	25 forth in IC 27-1-2-3.
	7909	+	26 Sec. 104. "Interested party", for purposes of IC 34-50-2, has the
	7910	+	27 meaning set forth in IC 34-50-2-1.
	7911	+	28 Sec. 105. "Intimate image", for purposes of IC 34-21.5, has the
	7912	+	29 meaning set forth in IC 34-21.5-2-1.
	7913	+	30 Sec. 106. "Issuing state or Indian tribe", for purposes of
	7914	+	31 IC 34-26-5-17, means the state or Indian tribe whose tribunal
	7915	+	32 issues a protection order.
	7916	+	33 Sec. 107. "Judicial lien", for purposes of sections 63 and 113 of
	7917	+	34 this chapter, means a lien on property obtained by a judgment,
	7918	+	35 levy, or another legal or equitable process or proceeding instituted
	7919	+	36 to collect a debt.
	7920	+	37 Sec. 108. "Land", for the purposes of IC 34-31-9, has the
	7921	+	38 meaning set forth in IC 34-31-9-5.
	7922	+	39 Sec. 109. "Law", as for example "the law relating to other civil
	7923	+	40 actions", for purposes of IC 34-13-5, means the statutes, including
	7924	+	41 but not limited to IC 34-13-5 (and IC 34-4-17 before its repeal), and
	7925	+	42 any applicable rules of the Indiana supreme court on any subject.
	7926	+	SB 80—LS 6051/DI 112 185
	7927	+	1 Sec. 110. "Law enforcement costs", for purposes of IC 34-24-1,
	7928	+	2 means:
	7929	+	3 (1) expenses incurred by the law enforcement agency that
	7930	+	4 makes a seizure under IC 34-24-1 (or IC 34-4-30.1 before its
	7931	+	5 repeal) for the criminal investigation associated with the
	7932	+	6 seizure;
	7933	+	7 (2) repayment of the investigative fund of the law enforcement
	7934	+	8 agency that makes a seizure under IC 34-24-1 to the extent
	7935	+	9 that the agency can specifically identify any part of the money
	7936	+	10 as having been expended from the fund; and
	7937	+	11 (3) expenses of the prosecuting attorney associated with the
	7938	+	12 costs of proceedings associated with the seizure and the
	7939	+	13 offenses related to the seizure.
	7940	+	14 Sec. 111. "Law enforcement officer", for purposes of
	7941	+	15 IC 34-26-5, has the meaning set forth in IC 35-31.5-2-185.
	7942	+	16 Sec. 112. "Levy", for purposes of section 107 of this chapter and
	7943	+	17 IC 34-55-10, means the seizure of property under a writ of
	7944	+	18 attachment, a garnishment, an execution, or a similar legal or
	7945	+	19 equitable process issued to collect a debt.
	7946	+	20 Sec. 113. "Lien", for purposes of section 107 of this chapter and
	7947	+	21 IC 34-55-10, means a security interest, judicial lien, statutory lien,
	7948	+	22 common law lien, or another interest in property to secure the
	7949	+	23 payment of a debt or the performance of an obligation.
	7950	+	24 Sec. 114. "Lifetime sex or violent offender", for purposes of
	7951	+	25 IC 34-28-2, has the meaning set forth in IC 34-28-2-1.5.
	7952	+	26 Sec. 115. "Livestock", for purposes of IC 34-30-5, means any
	7953	+	27 animal or fowl raised for commercial purposes.
	7954	+	28 Sec. 116. "Local law enforcement authority", for purposes of
	7955	+	29 IC 34-28-2, has the meaning set forth in IC 34-28-2-1.5.
	7956	+	30 Sec. 117. (a) "Loss", for purposes of IC 34-13-3, means injury
	7957	+	31 to or death of a person or damage to property.
	7958	+	32 (b) "Loss", for purposes of IC 34-30-6, means injury to or death
	7959	+	33 of a human being or damage to property or to the environment.
	7960	+	34 Sec. 118. "Malpractice", for purposes of IC 34-18, has the
	7961	+	35 meaning set forth in IC 34-18-2-18.
	7962	+	36 Sec. 119. (a) "Manufacturer", for purposes of IC 34-20, means
	7963	+	37 a person or an entity who designs, assembles, fabricates, produces,
	7964	+	38 constructs, or otherwise prepares a product or a component part
	7965	+	39 of a product before the sale of the product to a user or consumer.
	7966	+	40 "Manufacturer" includes a seller who:
	7967	+	41 (1) has actual knowledge of a defect in a product;
	7968	+	42 (2) creates and furnishes a manufacturer with specifications
	7969	+	SB 80—LS 6051/DI 112 186
	7970	+	1 relevant to the alleged defect for producing the product or
	7971	+	2 who otherwise exercises some significant control over all or a
	7972	+	3 portion of the manufacturing process;
	7973	+	4 (3) alters or modifies the product in any significant manner
	7974	+	5 after the product comes into the seller's possession and before
	7975	+	6 it is sold to the ultimate user or consumer;
	7976	+	7 (4) is owned in whole or significant part by the manufacturer;
	7977	+	8 or
	7978	+	9 (5) owns in whole or significant part the manufacturer.
	7979	+	10 (b) A seller who discloses the name of the actual manufacturer
	7980	+	11 of a product is not a manufacturer under this section merely
	7981	+	12 because the seller places or has placed a private label on a product.
	7982	+	13 Sec. 120. "Manufacturer or supplier", for purposes of
	7983	+	14 IC 34-30-33, has the meaning set forth in IC 34-30-33-2.
	7984	+	15 Sec. 121. "Mediation", for purposes of IC 34-57-3, means a
	7985	+	16 process where at least two (2) disputing parties choose to be guided
	7986	+	17 to a mutually agreeable solution with the aid of a mediator.
	7987	+	18 Sec. 122. "Mediator", for purposes of IC 34-57-3, means a
	7988	+	19 neutral and impartial person who assists in the resolution of a
	7989	+	20 dispute through the mediation process.
	7990	+	21 Sec. 123. "Mental health service provider", for purposes of
	7991	+	22 IC 34-30-16, means any of the following:
	7992	+	23 (1) A physician licensed under IC 25-22.5.
	7993	+	24 (2) A hospital licensed under IC 16-21.
	7994	+	25 (3) A private institution licensed under IC 12-25.
	7995	+	26 (4) A psychologist licensed under IC 25-33.
	7996	+	27 (5) A school psychologist licensed by the Indiana state board
	7997	+	28 of education.
	7998	+	29 (6) A postsecondary educational institution counseling center
	7999	+	30 under the direction of a licensed psychologist, physician, or
	8000	+	31 mental health professional.
	8001	+	32 (7) A registered nurse or licensed practical nurse licensed
	8002	+	33 under IC 25-23.
	8003	+	34 (8) A clinical social worker licensed under IC 25-23.6-5-2.
	8004	+	35 (9) A partnership, a limited liability company, a corporation,
	8005	+	36 or a professional corporation (as defined in IC 23-1.5-1-10)
	8006	+	37 whose partners, members, or shareholders are mental health
	8007	+	38 service providers described in subdivisions (1) through (6).
	8008	+	39 (10) A community mental health center (as defined in
	8009	+	40 IC 12-7-2-38).
	8010	+	41 (11) A program for the treatment, care, or rehabilitation of
	8011	+	42 alcohol abusers or drug abusers that is:
	8012	+	SB 80—LS 6051/DI 112 187
	8013	+	1 (A) certified under IC 12-23-1-6; or
	8014	+	2 (B) created and funded under IC 12-23-14 or IC 33-23-16.
	8015	+	3 (12) A state institution (as defined in IC 12-7-2-184).
	8016	+	4 (13) A provider (as defined in IC 12-7-2-149.1(5)).
	8017	+	5 Sec. 124. "Migrant health center", for purposes of IC 34-18, has
	8018	+	6 the meaning set forth in IC 34-18-2-20.
	8019	+	7 Sec. 125. "Military base", for purposes of IC 34-30-21, means
	8020	+	8 a United States or an Indiana government military installation
	8021	+	9 that:
	8022	+	10 (1) has an area of at least sixty thousand (60,000) acres and is
	8023	+	11 used for the design, construction, maintenance, and testing of
	8024	+	12 electronic devices and ordnance;
	8025	+	13 (2) has an area of at least nine hundred (900) acres and serves
	8026	+	14 as an urban training center for military units, civilian
	8027	+	15 personnel, and first responders; or
	8028	+	16 (3) has an area of at least five thousand (5,000) acres and
	8029	+	17 serves as a joint training center for active and reserve
	8030	+	18 components of the armed forces of the United States.
	8031	+	19 Sec. 126. "Minor", for purposes of IC 34-28-3, means a person
	8032	+	20 less than eighteen (18) years of age.
	8033	+	21 Sec. 127. "Monetary consideration", for the purposes of
	8034	+	22 IC 34-31-9, has the meaning set forth in IC 34-31-9-6.
	8035	+	23 Sec. 128. (a) "Motor vehicle", for purposes of IC 34-30-29.2 and
	8036	+	24 IC 34-40-4, has the meaning set forth in IC 9-13-2-105(a).
	8037	+	25 (b) "Motor vehicle", for purposes of IC 34-30-30, has the
	8038	+	26 meaning set forth in IC 34-30-30-2.
	8039	+	27 Sec. 129. "Moving traffic violation", for purposes of IC 34-28-5,
	8040	+	28 means a violation of:
	8041	+	29 (1) a statute defining an infraction; or
	8042	+	30 (2) an ordinance;
	8043	+	31 that applies when a motor vehicle is in motion.
	8044	+	32 Sec. 130. "Municipal corporation", for purposes of IC 34-13-5,
	8045	+	33 means:
	8046	+	34 (1) a:
	8047	+	35 (A) local subdivision of the state; or
	8048	+	36 (B) public instrumentality or public corporate body
	8049	+	37 created by state law;
	8050	+	38 including but not limited to cities, towns, townships, counties,
	8051	+	39 school corporations, special taxing districts, conservancy
	8052	+	40 districts, and any other local public instrumentality or
	8053	+	41 corporation that has the right to sue and be sued;
	8054	+	42 (2) a corporate or other entity that leases a public
	8055	+	SB 80—LS 6051/DI 112 188
	8056	+	1 improvement to a municipal corporation; or
	8057	+	2 (3) the governing body of a municipal corporation and its
	8058	+	3 members and officers in their official capacity.
	8059	+	4 Sec. 131. "News service", for purposes of IC 34-15-4, means an
	8060	+	5 entity that is either a membership association or a corporation with
	8061	+	6 subscribers that:
	8062	+	7 (1) gathers and transmits news to its members or subscribers;
	8063	+	8 and
	8064	+	9 (2) maintains an office in Indiana.
	8065	+	10 Sec. 132. "Noneconomic damages", for purposes of
	8066	+	11 IC 34-30-29.2, has the meaning set forth in IC 34-30-29.2-2.
	8067	+	12 Sec. 133. "Nonparty", for purposes of IC 34-51-2, means a
	8068	+	13 person who caused or contributed to cause the alleged injury,
	8069	+	14 death, or damage to property but who has not been joined in the
	8070	+	15 action as a defendant.
	8071	+	16 Sec. 134. "Nonprofit religious organization", for purposes of
	8072	+	17 IC 34-31-7, means an organization, a church, a body of
	8073	+	18 communicants, or a group organized primarily for religious
	8074	+	19 purposes and not for pecuniary profit that:
	8075	+	20 (1) operates:
	8076	+	21 (A) under Section 501 of the Internal Revenue Code or the
	8077	+	22 Section 501 nonprofit status of the parent organization of
	8078	+	23 the organization, church, body of communicants, or group;
	8079	+	24 and
	8080	+	25 (B) under a constitution, a charter, an article, or a bylaw
	8081	+	26 containing a clause that provides that upon dissolution, all
	8082	+	27 remaining assets must:
	8083	+	28 (i) be used for nonprofit religious purposes; or
	8084	+	29 (ii) revert to the parent organization for nonprofit
	8085	+	30 religious purposes; or
	8086	+	31 (2) operates as a place of worship and is recognized as a
	8087	+	32 nonprofit organization by the Internal Revenue Service.
	8088	+	33 Sec. 135. (a) "Offender", for purposes of IC 34-13-3-7, means a
	8089	+	34 person who is committed to the department of correction or was
	8090	+	35 committed to the department of correction.
	8091	+	36 (b) "Offender", for purposes of IC 34-58, means a person who
	8092	+	37 is committed to the department of correction or incarcerated in a
	8093	+	38 jail.
	8094	+	39 Sec. 136. "Offeror", for purposes of IC 34-50, means a party to
	8095	+	40 a civil action who makes a qualified settlement offer (as defined in
	8096	+	41 section 176 of this chapter) to a recipient (as defined in section 177
	8097	+	42 of this chapter) who is an opposing party in the civil action.
	8098	+	SB 80—LS 6051/DI 112 189
	8099	+	1 Sec. 137. (a) "Operator", for purposes of IC 34-30-3, means a
	8100	+	2 person who is an owner, a lessee, a tenant, or an occupant of land
	8101	+	3 or premises that are used in the production of agricultural
	8102	+	4 products.
	8103	+	5 (b) "Operator", for purposes of IC 34-31-6, means a person or
	8104	+	6 an entity, other than a governmental entity or an employee of a
	8105	+	7 governmental entity, that owns, manages, controls, directs, or has
	8106	+	8 operational responsibility for a roller skating rink.
	8107	+	9 (c) "Operator", for purposes of IC 34-31-6.5, means an
	8108	+	10 approved postsecondary educational institution (as defined in
	8109	+	11 IC 21-7-13-6) that owns, manages, controls, directs, or has
	8110	+	12 operational responsibility for an ice skating rink.
	8111	+	13 (d) "Operator", for purposes of IC 34-31-11.4, means an:
	8112	+	14 (1) elementary school (as defined under IC 20-18-2-4);
	8113	+	15 (2) approved secondary school (as defined under
	8114	+	16 IC 21-12-1-5); or
	8115	+	17 (3) approved postsecondary school (as defined under
	8116	+	18 IC 21-7-13-6);
	8117	+	19 that owns, manages, controls, directs, or has operational
	8118	+	20 responsibility for a recreational facility.
	8119	+	21 Sec. 138. "Paramedic", for purposes of IC 34-18, has the
	8120	+	22 meaning set forth in IC 34-18-2-21.
	8121	+	23 Sec. 139. (a) "Parents", for purposes of IC 34-28-3, means:
	8122	+	24 (1) the child's birth mother and father who:
	8123	+	25 (A) is listed as the father on the birth certificate;
	8124	+	26 (B) is presumed by law under IC 31-14-7 to be the child's
	8125	+	27 father; or
	8126	+	28 (C) has established paternity with a court order;
	8127	+	29 (2) in the case of adoption, the adopting father and mother of
	8128	+	30 a child;
	8129	+	31 (3) where custody of a child has been awarded in a court
	8130	+	32 proceeding to someone other than the mother or father, the
	8131	+	33 court appointed guardian or custodian of the child;
	8132	+	34 (4) where the child's parents are divorced, the parent to whom
	8133	+	35 the divorce decree or modification awards physical custody or
	8134	+	36 control of the child; or
	8135	+	37 (5) if the child's parents are living apart, the parent to whom
	8136	+	38 physical custody or control of the child has been awarded by
	8137	+	39 a court order.
	8138	+	40 (b) The term does not include a natural or adopting parent who
	8139	+	41 has given written consent for the child to be adopted by another (if
	8140	+	42 the child has been adopted by another), nor does the term include
	8141	+	SB 80—LS 6051/DI 112 190
	8142	+	1 a child's parent who has lost custody of the child under subsection
	8143	+	2 (a)(3), (a)(4), or (a)(5).
	8144	+	3 Sec. 140. "Partially emancipated minor", for purposes of
	8145	+	4 IC 34-28-3, means a minor who has been given certain limited
	8146	+	5 authority to contract under IC 34-28-3.
	8147	+	6 Sec. 141. (a) "Participant", for purposes of IC 34-31-5, means
	8148	+	7 a person, whether an amateur or a professional, who engages in an
	8149	+	8 equine activity, whether or not a fee is paid to participate in the
	8150	+	9 equine activity.
	8151	+	10 (b) "Participant", for purposes of IC 34-31-9, has the meaning
	8152	+	11 set forth in 34-31-9-7.
	8153	+	12 Sec. 142. "Participate", for purposes of IC 34-28-3, means any
	8154	+	13 action a person takes:
	8155	+	14 (1) according to license or authority of the entity that
	8156	+	15 sanctions a professional automobile or motorcycle racing
	8157	+	16 event; or
	8158	+	17 (2) by direction or authority of the race organizer of a
	8159	+	18 sanctioned event;
	8160	+	19 including participation as a driver, mechanic, pit crew member, or
	8161	+	20 unpaid volunteer in and around the pit and race track area.
	8162	+	21 Sec. 143. (a) "Participate in the illegal drug market", for
	8163	+	22 purposes of IC 34-24-4, means to:
	8164	+	23 (1) distribute;
	8165	+	24 (2) possess with an intent to distribute;
	8166	+	25 (3) commit an act intended to facilitate the marketing or
	8167	+	26 distribution of; or
	8168	+	27 (4) agree to distribute;
	8169	+	28 an illegal drug.
	8170	+	29 (b) The term does not include the purchase or receipt of an
	8171	+	30 illegal drug for personal use only.
	8172	+	31 Sec. 144. "Patient", for purposes of IC 34-18, has the meaning
	8173	+	32 set forth in IC 34-18-2-22.
	8174	+	33 Sec. 145. (a) "Peer review committee", for purposes of
	8175	+	34 IC 34-30-15, means a committee that:
	8176	+	35 (1) has the responsibility of evaluation of:
	8177	+	36 (A) qualifications of professional health care providers;
	8178	+	37 (B) patient care rendered by professional health care
	8179	+	38 providers; or
	8180	+	39 (C) the merits of a complaint against a professional health
	8181	+	40 care provider that includes a determination or
	8182	+	41 recommendation concerning the complaint, and the
	8183	+	42 complaint is based on the competence or professional
	8184	+	SB 80—LS 6051/DI 112 191
	8185	+	1 conduct of an individual health care provider, whose
	8186	+	2 competence or conduct affects or could affect adversely the
	8187	+	3 health or welfare of a patient or patients; and
	8188	+	4 (2) meets the following criteria:
	8189	+	5 (A) The committee is organized:
	8190	+	6 (i) by a state, regional, or local organization of
	8191	+	7 professional health care providers or by a nonprofit
	8192	+	8 foundation created by the professional organization for
	8193	+	9 purposes of improvement of patient care;
	8194	+	10 (ii) by the professional staff of a hospital, another health
	8195	+	11 care facility, a nonprofit health care organization (under
	8196	+	12 section 165(23) of this chapter), a professional health
	8197	+	13 care organization, or a medical school located in
	8198	+	14 Indiana;
	8199	+	15 (iii) by state or federal law or regulation;
	8200	+	16 (iv) by a governing board of a hospital, a nonprofit
	8201	+	17 health care organization (under section 165(23) of this
	8202	+	18 chapter), or professional health care organization;
	8203	+	19 (v) as a governing board or committee of the board of a
	8204	+	20 hospital, a nonprofit health care organization (under
	8205	+	21 section 165(23) of this chapter), or professional health
	8206	+	22 care organization;
	8207	+	23 (vi) by an organization, a plan, or a program described
	8208	+	24 in section 165(16) through 165(17) of this chapter;
	8209	+	25 (vii) as a hospital or a nonprofit health care organization
	8210	+	26 (under section 165(23) of this chapter) medical staff or a
	8211	+	27 section of that staff;
	8212	+	28 (viii) as a governing board or committee of the board of
	8213	+	29 a professional health care provider (as defined in section
	8214	+	30 165(16) through 165(17) of this chapter); or
	8215	+	31 (ix) by a perinatal center described in IC 16-21-13.
	8216	+	32 (B) At least fifty percent (50%) of the committee members
	8217	+	33 are:
	8218	+	34 (i) individual professional health care providers, the
	8219	+	35 governing board of a hospital, the governing board of a
	8220	+	36 nonprofit health care organization (under section
	8221	+	37 165(23) of this chapter), or professional health care
	8222	+	38 organization, or the governing board or a committee of
	8223	+	39 the board of a professional health care provider (as
	8224	+	40 defined in section 165(16) through 165(17) of this
	8225	+	41 chapter); or
	8226	+	42 (ii) individual professional health care providers and the
	8227	+	SB 80—LS 6051/DI 112 192
	8228	+	1 committee is organized as an interdisciplinary committee
	8229	+	2 to conduct evaluation of patient care services.
	8230	+	3 (b) However, "peer review committee" does not include a
	8231	+	4 medical review panel created under IC 34-18-10 (or IC 27-12-10
	8232	+	5 before its repeal).
	8233	+	6 Sec. 146. "Performance", for purposes of IC 34-30-4, means the
	8234	+	7 acts of a qualified director pertaining to the setting of policy and
	8235	+	8 the controlling or overseeing of the activities or functional
	8236	+	9 responsibilities of the entity served by the qualified director.
	8237	+	10 Sec. 147. "Period of illegal drug use", for purposes of
	8238	+	11 IC 34-24-4, means the time:
	8239	+	12 (1) of an individual drug user's first use of an illegal drug to
	8240	+	13 the accrual of the cause of action under this chapter; and
	8241	+	14 (2) that is presumed to begin two (2) years before the cause of
	8242	+	15 action accrues unless a defendant in the action proves
	8243	+	16 otherwise by clear and convincing evidence.
	8244	+	17 Sec. 148. "Periodic payments agreement", for purposes of
	8245	+	18 IC 34-18-14, has the meaning set forth in IC 34-18-14-2.
	8246	+	19 Sec. 149. (a) "Person", for purposes of IC 34-14, has the
	8247	+	20 meaning set forth in IC 34-14-1-13.
	8248	+	21 (b) "Person", for purposes of IC 34-11-2-11.5 and IC 34-24-4,
	8249	+	22 means:
	8250	+	23 (1) an individual;
	8251	+	24 (2) a governmental entity;
	8252	+	25 (3) a corporation;
	8253	+	26 (4) a firm;
	8254	+	27 (5) a trust;
	8255	+	28 (6) a partnership; or
	8256	+	29 (7) an incorporated or unincorporated association that exists
	8257	+	30 under or is authorized by the laws of this state, another state,
	8258	+	31 or a foreign country.
	8259	+	32 (c) "Person", for purposes of section 67 of this chapter and
	8260	+	33 IC 34-30-29-1, means an adult or a minor.
	8261	+	34 (d) "Person", for purposes of IC 34-26-4, has the meaning set
	8262	+	35 forth in IC 35-31.5-2-234.
	8263	+	36 (e) "Person", for purposes of IC 34-30-5, means any of the
	8264	+	37 following:
	8265	+	38 (1) An individual.
	8266	+	39 (2) A corporation.
	8267	+	40 (3) A partnership.
	8268	+	41 (4) An unincorporated association.
	8269	+	42 (5) The state (as defined in section 193 of this chapter).
	8270	+	SB 80—LS 6051/DI 112 193
	8271	+	1 (6) A political subdivision (as defined in section 155 of this
	8272	+	2 chapter).
	8273	+	3 (7) Any other entity recognized by law.
	8274	+	4 (f) "Person", for purposes of IC 34-30-6, means an individual,
	8275	+	5 a corporation, a limited liability company, a partnership, an
	8276	+	6 unincorporated association, or a governmental entity that:
	8277	+	7 (1) has qualifications or experience in:
	8278	+	8 (A) storing, transporting, or handling a hazardous
	8279	+	9 substance or compressed gas;
	8280	+	10 (B) fighting fires;
	8281	+	11 (C) emergency rescue; or
	8282	+	12 (D) first aid care; or
	8283	+	13 (2) is otherwise qualified to provide assistance appropriate to
	8284	+	14 remedy or contribute to the remedy of the emergency.
	8285	+	15 (g) "Person", for purposes of IC 34-30-18, includes:
	8286	+	16 (1) an individual;
	8287	+	17 (2) an incorporated or unincorporated organization or
	8288	+	18 association;
	8289	+	19 (3) the State of Indiana;
	8290	+	20 (4) a political subdivision (as defined in IC 36-1-2-13);
	8291	+	21 (5) an agency of the state or a political subdivision; or
	8292	+	22 (6) a group of such persons acting in concert.
	8293	+	23 (h) "Person", for purposes of sections 58, 59, 100, and 141of this
	8294	+	24 chapter, means an individual, an incorporated or unincorporated
	8295	+	25 organization or association, or a group of such persons acting in
	8296	+	26 concert.
	8297	+	27 (i) "Person", for purposes of IC 34-30-10.5, means the
	8298	+	28 following:
	8299	+	29 (1) A political subdivision (as defined in IC 36-1-2-13).
	8300	+	30 (2) A volunteer fire department (as defined in IC 36-8-12-2).
	8301	+	31 (3) An employee of an entity described in subdivision (1) or (2)
	8302	+	32 who acts within the scope of the employee's responsibilities.
	8303	+	33 (4) A volunteer firefighter (as defined in IC 36-8-12-2) who is
	8304	+	34 acting for a volunteer fire department.
	8305	+	35 (5) A corporation, a limited liability company, a partnership,
	8306	+	36 an unincorporated association, or any other entity recognized
	8307	+	37 by law.
	8308	+	38 (j) "Person", for purposes of IC 34-28-7, means:
	8309	+	39 (1) an individual;
	8310	+	40 (2) a governmental entity;
	8311	+	41 (3) a corporation;
	8312	+	42 (4) a firm;
	8313	+	SB 80—LS 6051/DI 112 194
	8314	+	1 (5) a trust;
	8315	+	2 (6) a partnership; or
	8316	+	3 (7) an incorporated or unincorporated association that exists
	8317	+	4 under or is authorized by the laws of this state, another state,
	8318	+	5 or a foreign country.
	8319	+	6 (k) "Person", for purposes of IC 34-31-9, has the meaning set
	8320	+	7 forth in IC 34-31-9-8.
	8321	+	8 (l) "Person", for purposes of IC 34-30-32, has the meaning set
	8322	+	9 forth in IC 34-30-32-4.
	8323	+	10 Sec. 150. "Personnel of a peer review committee", for purposes
	8324	+	11 of IC 34-30-15, means not only members of the committee but also
	8325	+	12 all of the committee's employees, representatives, agents, attorneys,
	8326	+	13 investigators, assistants, clerks, staff, and any other person or
	8327	+	14 organization who serves a peer review committee in any capacity.
	8328	+	15 Sec. 151. (a) "Physical harm", for purposes of IC 34-20, means
	8329	+	16 bodily injury, death, loss of services, and rights arising from any
	8330	+	17 such injuries, as well as sudden, major damage to property.
	8331	+	18 (b) The term does not include gradually evolving damage to
	8332	+	19 property or economic losses from such damage.
	8333	+	20 Sec. 152. "Physician", for purposes of IC 34-18, has the meaning
	8334	+	21 set forth in IC 34-18-2-23.
	8335	+	22 Sec. 153. "Place of illegal drug activity", for purposes of
	8336	+	23 IC 34-24-4, means each county in which:
	8337	+	24 (1) an individual drug user possesses or uses an illegal drug;
	8338	+	25 or
	8339	+	26 (2) the individual drug user:
	8340	+	27 (A) resides;
	8341	+	28 (B) attends school; or
	8342	+	29 (C) is employed;
	8343	+	30 during the period of the individual drug user's illegal drug
	8344	+	31 use;
	8345	+	32 unless a defendant in an action brought under IC 34-24-4 proves
	8346	+	33 otherwise by clear and convincing evidence.
	8347	+	34 Sec. 154. "Place of participation", for purposes of IC 34-24-4,
	8348	+	35 means each county in which:
	8349	+	36 (1) a person participates in the illegal drug market; or
	8350	+	37 (2) the person:
	8351	+	38 (A) resides;
	8352	+	39 (B) attends school; or
	8353	+	40 (C) is employed;
	8354	+	41 during the period of the person's participation in the illegal
	8355	+	42 drug market.
	8356	+	SB 80—LS 6051/DI 112 195
	8357	+	1 Sec. 155. "Political subdivision", for purposes of IC 34-12-3.5
	8358	+	2 and IC 34-13-3, means a:
	8359	+	3 (1) county;
	8360	+	4 (2) township;
	8361	+	5 (3) city;
	8362	+	6 (4) town;
	8363	+	7 (5) separate municipal corporation;
	8364	+	8 (6) special taxing district;
	8365	+	9 (7) state educational institution;
	8366	+	10 (8) city or county hospital;
	8367	+	11 (9) school corporation;
	8368	+	12 (10) board or commission of one (1) of the entities listed in
	8369	+	13 subdivisions (1) through (9);
	8370	+	14 (11) drug enforcement task force operated jointly by political
	8371	+	15 subdivisions;
	8372	+	16 (12) community correctional service program organized
	8373	+	17 under IC 12-12-1; or
	8374	+	18 (13) solid waste management district established under
	8375	+	19 IC 13-21 or IC 13-9.5-2 (before its repeal).
	8376	+	20 Sec. 156. "Position of the agency", for purposes of IC 34-52-2,
	8377	+	21 means the litigation stance taken by the state in a civil action
	8378	+	22 subject to IC 34-52-2.
	8379	+	23 Sec. 157. "Possessor of land", for purposes of IC 34-31-11, has
	8380	+	24 the meaning set forth in IC 34-31-11-1.
	8381	+	25 Sec. 158. "Practitioner", for purposes of IC 34-30-14, means a
	8382	+	26 person described in IC 16-42-19-5 who acts within the scope of the
	8383	+	27 practitioner's practice.
	8384	+	28 Sec. 159. "Prejudgment interest", for purposes of IC 34-51-4,
	8385	+	29 means interest on the amount of a judgment that is computed for
	8386	+	30 a period preceding the date that the court returns a verdict or
	8387	+	31 finding in the proceeding.
	8388	+	32 Sec. 160. "Premises", for purposes of IC 34-30-32, has the
	8389	+	33 meaning set forth in IC 34-30-32-5.
	8390	+	34 Sec. 161. "Prior civil law and procedure", for purposes of
	8391	+	35 IC 34-7, refers to the statutes that are repealed or amended in the
	8392	+	36 recodification act of the 1998 regular session of the general
	8393	+	37 assembly as the statutes existed before the effective date of the
	8394	+	38 applicable or corresponding provision of the recodification act of
	8395	+	39 the 1998 regular session of the general assembly.
	8396	+	40 Sec. 162. (a) "Product", for purposes of IC 34-20, means any
	8397	+	41 item or good that is personalty at the time it is conveyed by the
	8398	+	42 seller to another party.
	8399	+	SB 80—LS 6051/DI 112 196
	8400	+	1 (b) The term does not apply to a transaction that, by its nature,
	8401	+	2 involves wholly or predominantly the sale of a service rather than
	8402	+	3 a product.
	8403	+	4 Sec. 163. "Product liability action", for purposes of IC 34-20,
	8404	+	5 means an action that is brought:
	8405	+	6 (1) against a manufacturer or seller of a product; and
	8406	+	7 (2) for or on account of physical harm;
	8407	+	8 regardless of the substantive legal theory or theories upon which
	8408	+	9 the action is brought.
	8409	+	10 Sec. 164. "Professional health care organization", for purposes
	8410	+	11 of IC 34-30-15, refers to an organization described in section
	8411	+	12 165(14) or 165(25) of this chapter.
	8412	+	13 Sec. 165. "Professional health care provider", for purposes of
	8413	+	14 IC 34-30-15, means:
	8414	+	15 (1) a physician licensed under IC 25-22.5;
	8415	+	16 (2) a dentist licensed under IC 25-14;
	8416	+	17 (3) a hospital licensed under IC 16-21;
	8417	+	18 (4) a podiatrist licensed under IC 25-29;
	8418	+	19 (5) a chiropractor licensed under IC 25-10;
	8419	+	20 (6) an optometrist licensed under IC 25-24;
	8420	+	21 (7) a psychologist licensed under IC 25-33;
	8421	+	22 (8) a pharmacist licensed under IC 25-26;
	8422	+	23 (9) a health facility licensed under IC 16-28-2;
	8423	+	24 (10) a registered or licensed practical nurse licensed under
	8424	+	25 IC 25-23;
	8425	+	26 (11) a physical therapist licensed under IC 25-27;
	8426	+	27 (12) a home health agency licensed under IC 16-27-1;
	8427	+	28 (13) a community mental health center (as defined in
	8428	+	29 IC 12-7-2-38);
	8429	+	30 (14) a health care organization whose members, shareholders,
	8430	+	31 subsidiaries, affiliates, or partners are:
	8431	+	32 (A) professional health care providers described in
	8432	+	33 subdivisions (1) through (13);
	8433	+	34 (B) professional corporations comprised of health care
	8434	+	35 professionals (as defined in IC 23-1.5-1-8); or
	8435	+	36 (C) professional health care providers described in
	8436	+	37 subdivisions (1) through (13) and professional corporations
	8437	+	38 comprised of persons described in subdivisions (1) through
	8438	+	39 (13);
	8439	+	40 (15) a private psychiatric hospital licensed under IC 12-25;
	8440	+	41 (16) a preferred provider organization (including a preferred
	8441	+	42 provider arrangement or reimbursement agreement under
	8442	+	SB 80—LS 6051/DI 112 197
	8443	+	1 IC 27-8-11);
	8444	+	2 (17) a health maintenance organization (as defined in
	8445	+	3 IC 27-13-1-19) or a limited service health maintenance
	8446	+	4 organization (as defined in IC 27-13-34-4);
	8447	+	5 (18) a respiratory care practitioner licensed under IC 25-34.5;
	8448	+	6 (19) an occupational therapist licensed under IC 25-23.5;
	8449	+	7 (20) a state institution (as defined in IC 12-7-2-184);
	8450	+	8 (21) a clinical social worker who is licensed under
	8451	+	9 IC 25-23.6-5-2;
	8452	+	10 (22) a provider (as defined in IC 12-7-2-149.1(5));
	8453	+	11 (23) a nonprofit health care organization affiliated with a
	8454	+	12 hospital that is owned or operated by a religious order, whose
	8455	+	13 members are members of that religious order;
	8456	+	14 (24) a nonprofit health care organization with one (1) or more
	8457	+	15 hospital affiliates;
	8458	+	16 (25) a health care organization that owns or controls, in whole
	8459	+	17 or in part, one (1) or more entities described in subdivisions
	8460	+	18 (1) through (24);
	8461	+	19 (26) a provider organization (as defined in IC 16-18-2-296);
	8462	+	20 (27) a paramedic licensed under IC 16-31;
	8463	+	21 (28) an emergency medical technician certified under
	8464	+	22 IC 16-31;
	8465	+	23 (29) an emergency medical responder certified under
	8466	+	24 IC 16-31; or
	8467	+	25 (30) an advanced emergency medical technician certified
	8468	+	26 under IC 16-31.
	8469	+	27 Sec. 166. "Professional staff", for purposes of IC 34-30-15,
	8470	+	28 means:
	8471	+	29 (1) all individual professional health care providers
	8472	+	30 authorized to provide health care in a hospital or other health
	8473	+	31 care facility; or
	8474	+	32 (2) the multidisciplinary staff of a community mental health
	8475	+	33 center (as defined in IC 12-7-2-38).
	8476	+	34 Sec. 167. "Program", for purposes of IC 34-57-3, refers to the
	8477	+	35 community dispute resolution centers program established under
	8478	+	36 IC 34-57-3-2.
	8479	+	37 Sec. 168. (a) "Property", for purposes of IC 34-24-2, has the
	8480	+	38 meaning set forth in IC 35-31.5-2-253.
	8481	+	39 (b) "Property", for purposes of IC 34-30-9, includes the
	8482	+	40 following:
	8483	+	41 (1) Real property.
	8484	+	42 (2) Private ways.
	8485	+	SB 80—LS 6051/DI 112 198
	8486	+	1 (3) Waters.
	8487	+	2 (4) A structure located on property listed in subdivisions (1)
	8488	+	3 through (3).
	8489	+	4 Sec. 169. "Protected person" means a petitioner or a family or
	8490	+	5 household member of the petitioner who is protected by the terms
	8491	+	6 of a civil protection order issued under IC 34-26-5.
	8492	+	7 Sec. 170. (a) "Protection order" or "order for protection", for
	8493	+	8 purposes of sections 76, 169, and 182 of this chapter and
	8494	+	9 IC 34-26-5, means an injunction or other order issued by a tribunal
	8495	+	10 of the issuing state or Indian tribe to prevent an individual from:
	8496	+	11 (1) engaging in violent or threatening acts against;
	8497	+	12 (2) engaging in harassment of;
	8498	+	13 (3) engaging in contact or communication with; or
	8499	+	14 (4) being in physical proximity to;
	8500	+	15 another person, including temporary and final orders issued by
	8501	+	16 civil and criminal courts.
	8502	+	17 (b) The term does not include a support or child custody order
	8503	+	18 issued under the dissolution and child custody laws of a state or
	8504	+	19 Indian tribe, except to the extent that the order qualifies as a
	8505	+	20 protection order under subsection (a) and is entitled to full faith
	8506	+	21 and credit under a federal law other than 18 U.S.C. 2265.
	8507	+	22 (c) The term applies to an order regardless of whether the order
	8508	+	23 is obtained by filing an independent action or as a pendente lite
	8509	+	24 order in another proceeding if any civil order was issued in
	8510	+	25 response to a complaint, petition, or motion filed by or on behalf of
	8511	+	26 a person seeking protection.
	8512	+	27 Sec. 171. "Protection order records", for purposes of
	8513	+	28 IC 34-26-7.5, has the meaning set forth in IC 34-26-7.5-2.
	8514	+	29 Sec. 172. "Psychiatric hospital", for purposes of IC 34-18, has
	8515	+	30 the meaning set forth in IC 34-18-2-24.
	8516	+	31 Sec. 173. "Public employee", for purposes of IC 34-13-2,
	8517	+	32 IC 34-13-3, and IC 34-13-4, has the meaning set forth in section 54
	8518	+	33 of this chapter.
	8519	+	34 Sec. 174. (a) "Public lawsuit", for purposes of IC 34-13-5,
	8520	+	35 means:
	8521	+	36 (1) any action in which the validity, location, wisdom,
	8522	+	37 feasibility, extent, or character of construction, financing, or
	8523	+	38 leasing of a public improvement by a municipal corporation
	8524	+	39 is questioned directly or indirectly, including but not limited
	8525	+	40 to suits for declaratory judgments or injunctions to declare
	8526	+	41 invalid or to enjoin the construction, financing, or leasing;
	8527	+	42 and
	8528	+	SB 80—LS 6051/DI 112 199
	8529	+	1 (2) any action to declare invalid or enjoin the creation,
	8530	+	2 organization, or formation of any municipal corporation.
	8531	+	3 (b) The definition of "public lawsuit", as used in IC 34-13-5,
	8532	+	4 shall not be construed to broaden any right of action as is validly
	8533	+	5 limited by applicable law.
	8534	+	6 Sec. 175. "Qualified director", for purposes of IC 34-30-4,
	8535	+	7 means any of the following individuals:
	8536	+	8 (1) An individual who serves without compensation for
	8537	+	9 personal services as a member of a board or commission of
	8538	+	10 the state or a political subdivision for the purpose of setting
	8539	+	11 policy, controlling, or otherwise overseeing the activities or
	8540	+	12 functional responsibilities of that board or commission.
	8541	+	13 (2) An individual who serves without compensation for
	8542	+	14 personal services as a director or an officer for the purpose of
	8543	+	15 setting policy, controlling, or otherwise overseeing the
	8544	+	16 activities or functional responsibilities of a nonprofit
	8545	+	17 corporation operating under IC 12-29, except IC 12-29-3-6 or
	8546	+	18 an agency providing services under IC 12-12-3, or a nonprofit
	8547	+	19 corporation that has one (1) of the following purposes:
	8548	+	20 (A) Religion.
	8549	+	21 (B) Charity.
	8550	+	22 (C) Benevolence.
	8551	+	23 (D) Providing goods or services at no charge to the general
	8552	+	24 public.
	8553	+	25 (E) Education.
	8554	+	26 (F) Scientific activity.
	8555	+	27 (G) Developing or providing hospital services.
	8556	+	28 (H) Medical research.
	8557	+	29 (I) Developing or providing ambulance services or
	8558	+	30 emergency medical treatment services.
	8559	+	31 (3) An individual who serves without compensation for
	8560	+	32 personal services as a director for the purpose of setting
	8561	+	33 policy, controlling, or otherwise overseeing the activities or
	8562	+	34 functional responsibilities of an organization that acts as an
	8563	+	35 advocate for its members and that has as its members
	8564	+	36 individuals or organizations that are:
	8565	+	37 (A) members of a particular trade or industry; or
	8566	+	38 (B) members of the business community of a particular
	8567	+	39 municipality or area of the state.
	8568	+	40 (4) An individual who serves without compensation for
	8569	+	41 personal services as a director of a national, regional, or local
	8570	+	42 fraternity or sorority that is connected with, and under the
	8571	+	SB 80—LS 6051/DI 112 200
	8572	+	1 supervision of, a postsecondary educational institution located
	8573	+	2 within Indiana.
	8574	+	3 (5) An individual who serves the purpose of setting policy,
	8575	+	4 controlling, or otherwise overseeing the activities or
	8576	+	5 functional responsibilities of a homeowners association (as
	8577	+	6 defined in section 87 of this chapter).
	8578	+	7 (6) An individual who serves without compensation for
	8579	+	8 personal services as a director for the purpose of setting
	8580	+	9 policy, controlling, or otherwise overseeing the activities or
	8581	+	10 functional responsibilities of the Special Olympics or the Pan
	8582	+	11 American Games.
	8583	+	12 "Compensation", for purposes of this section, has the meaning set
	8584	+	13 forth in section 34(a) of this chapter.
	8585	+	14 Sec. 176. "Qualified settlement offer", for purposes of IC 34-50,
	8586	+	15 means an offer of full and final settlement to resolve all claims and
	8587	+	16 defenses at issue between the offeror (as defined in section 136 of
	8588	+	17 this chapter) and the recipient (as defined in section 177 of this
	8589	+	18 chapter).
	8590	+	19 Sec. 177. "Recipient", for purposes of IC 34-50, means a party
	8591	+	20 to a civil action who receives a qualified settlement offer (as
	8592	+	21 defined in section 176 of this chapter) from an offeror (as defined
	8593	+	22 in section 136 of this chapter) who is an opposing party in the civil
	8594	+	23 action.
	8595	+	24 Sec. 178. "Recreation", for purposes of IC 34-31-11.4, includes
	8596	+	25 physical exercise, leisure, or sports.
	8597	+	26 Sec. 179. "Recreational facility", for purposes of IC 34-31-11.4,
	8598	+	27 means a building, location, or area primarily designed and used for
	8599	+	28 purposes of recreation. The term includes:
	8600	+	29 (1) a gymnasium;
	8601	+	30 (2) a park;
	8602	+	31 (3) a playground;
	8603	+	32 (4) a swimming pool;
	8604	+	33 (5) a fieldhouse;
	8605	+	34 (6) a beach;
	8606	+	35 (7) a stadium;
	8607	+	36 (8) a golf course;
	8608	+	37 (9) a campground;
	8609	+	38 (10) a boat launching site;
	8610	+	39 (11) an arboretum;
	8611	+	40 (12) a bicycle path;
	8612	+	41 (13) a bridle path;
	8613	+	42 (14) a community center;
	8614	+	SB 80—LS 6051/DI 112 201
	8615	+	1 (15) a bowling alley;
	8616	+	2 (16) a billiard hall;
	8617	+	3 (17) a court, field, or other area designated for sports; and
	8618	+	4 (18) any other building, location, or area specifically set aside
	8619	+	5 for recreation.
	8620	+	6 Sec. 180. "Recreational user", for purposes of IC 34-31-11.4,
	8621	+	7 means an authorized user of a recreational facility who is using the
	8622	+	8 facility for the recreational purpose for which it was primarily
	8623	+	9 designed. However, the term does not include a person
	8624	+	10 participating in or attending an intercollegiate or interscholastic
	8625	+	11 event.
	8626	+	12 Sec. 181. "Representative", for purposes of IC 34-18, has the
	8627	+	13 meaning set forth in IC 34-18-2-25.
	8628	+	14 Sec. 182. "Respondent", for purposes of IC 34-26-5, means the
	8629	+	15 individual against whom the enforcement of a protection order is
	8630	+	16 sought.
	8631	+	17 Sec. 183. "Retirement plan", for purposes of IC 34-55-10,
	8632	+	18 includes:
	8633	+	19 (1) a stock bonus, a pension, a profit sharing, an annuity, or
	8634	+	20 a similar plan or arrangement, including a retirement plan
	8635	+	21 for self-employed individuals or a simplified employee pension
	8636	+	22 plan;
	8637	+	23 (2) a government or church retirement plan or contract; or
	8638	+	24 (3) an individual retirement annuity or individual retirement
	8639	+	25 account;
	8640	+	26 that is intended in good faith to qualify as a retirement plan under
	8641	+	27 applicable provisions of the Internal Revenue Code of 1986, as
	8642	+	28 amended.
	8643	+	29 Sec. 184. "Risk", for purposes of IC 34-18, has the meaning set
	8644	+	30 forth in IC 34-18-2-26.
	8645	+	31 Sec. 185. "Risk manager", for purposes of IC 34-18, has the
	8646	+	32 meaning set forth in IC 34-18-2-27.
	8647	+	33 Sec. 186. "Roller skater", for purposes of IC 34-31-6, means a
	8648	+	34 person, including an invitee, who wears roller skates while in a
	8649	+	35 roller skating rink for the purpose of recreational or competitive
	8650	+	36 roller skating, whether or not the person pays consideration for
	8651	+	37 entrance to the roller skating rink.
	8652	+	38 Sec. 187. "Roller skating rink", for purposes of IC 34-31-6,
	8653	+	39 means a building, facility, or other property where an area
	8654	+	40 specifically designed for use by the public for recreational or
	8655	+	41 competitive roller skating is present.
	8656	+	42 Sec. 188. "Security interest", for purposes of section 113 of this
	8657	+	SB 80—LS 6051/DI 112 202
	8658	+	1 chapter, means an interest in property created by a contract to
	8659	+	2 secure the payment of a debt or the performance of an obligation.
	8660	+	3 Sec. 189. "Seller", for purposes of IC 34-20, means a person
	8661	+	4 engaged in the business of selling or leasing a product for resale,
	8662	+	5 use, or consumption.
	8663	+	6 Sec. 190. "Session of the general assembly", for purposes of
	8664	+	7 IC 34-13-1-6, does not include a regular technical session.
	8665	+	8 Sec. 191. "Sheriff", for purposes of IC 34-47-4, means the
	8666	+	9 sheriff of the county in which a court issues a writ of attachment
	8667	+	10 under IC 34-47-4 (or IC 34-4-9 before its repeal).
	8668	+	11 Sec. 192. "Sports or leisure activity", for purposes of
	8669	+	12 IC 34-30-19, means:
	8670	+	13 (1) an athletic or sports competition, exhibition, or event; and
	8671	+	14 (2) an activity conducted for a recreational purpose.
	8672	+	15 Sec. 193. "State":
	8673	+	16 (1) for purposes of section 77(b) of this chapter and
	8674	+	17 IC 34-13-3, means Indiana and its state agencies; and
	8675	+	18 (2) for purposes of sections 76 and 106 of this chapter and
	8676	+	19 IC 34-26-5, has the meaning set forth in IC 1-1-4-5.
	8677	+	20 Sec. 194. "State agency", for purposes of IC 34-13-3, means:
	8678	+	21 (1) a board;
	8679	+	22 (2) a commission;
	8680	+	23 (3) a department;
	8681	+	24 (4) a division;
	8682	+	25 (5) a governmental subdivision, including a soil and water
	8683	+	26 conservation district;
	8684	+	27 (6) a bureau;
	8685	+	28 (7) a committee;
	8686	+	29 (8) an authority;
	8687	+	30 (9) a military body; or
	8688	+	31 (10) another instrumentality;
	8689	+	32 of the state. However, the term does not include a political
	8690	+	33 subdivision.
	8691	+	34 Sec. 195. "Stepchild", for purposes of IC 34-30-11, includes a
	8692	+	35 stepchild of any age.
	8693	+	36 Sec. 196. "Structured settlement", for purposes of IC 34-50-2,
	8694	+	37 has the meaning set forth in IC 34-50-2-2.
	8695	+	38 Sec. 197. "Successor asbestos related liability", for purposes of
	8696	+	39 IC 34-31-8, has the meaning set forth in IC 34-31-8-4.
	8697	+	40 Sec. 198. "Telecommunications", for purposes of IC 34-30-21,
	8698	+	41 means the transmission of any document, picture, datum, sound, or
	8699	+	42 other symbol by television, radio, microwave, optical, or other
	8700	+	SB 80—LS 6051/DI 112 203
	8701	+	1 electromagnetic signal.
	8702	+	2 Sec. 199. "Tort", for purposes of IC 34-18, has the meaning set
	8703	+	3 forth in IC 34-18-2-28.
	8704	+	4 Sec. 200. "Transfer", for purposes of IC 34-50-2, has the
	8705	+	5 meaning set forth in IC 34-50-2-3.
	8706	+	6 Sec. 201. "Transferee", for purposes of IC 34-50-2, has the
	8707	+	7 meaning set forth in IC 34-50-2-4.
	8708	+	8 Sec. 202. "Transferor corporation", for purposes of IC 34-31-8,
	8709	+	9 has the meaning set forth in IC 34-31-8-5.
	8710	+	10 Sec. 203. "Trespasser", for purposes of IC 34-31-11, has the
	8711	+	11 meaning set forth in IC 34-31-11-2.
	8712	+	12 Sec. 204. "Trial", for purposes of IC 34-35-5, includes the
	8713	+	13 impaneling of the jury, the actual trial, or other evidentiary
	8714	+	14 hearing where witnesses are sworn and testify, hearings on motions
	8715	+	15 for summary judgment, and entries of final disposition of a cause
	8716	+	16 of action.
	8717	+	17 Sec. 205. "Tribunal", for purposes of sections 76 and 170 of this
	8718	+	18 chapter and IC 34-26-5, means a court, an agency, or another
	8719	+	19 entity authorized by law to issue or modify a protection order.
	8720	+	20 Sec. 206. "Uninsured motorist with a previous violation", for
	8721	+	21 purposes of IC 34-30-29.2, has the meaning set forth in
	8722	+	22 IC 27-7-5.1-4.
	8723	+	23 Sec. 207. "Unit", for purposes of IC 34-24-1 and IC 34-24-2, has
	8724	+	24 the meaning specified in IC 36-1-2-23.
	8725	+	25 Sec. 208. "Unreasonably dangerous", for purposes of IC 34-20,
	8726	+	26 refers to any situation in which the use of a product exposes the
	8727	+	27 user or consumer to a risk of physical harm to an extent beyond
	8728	+	28 that contemplated by the ordinary consumer who purchases the
	8729	+	29 product with the ordinary knowledge about the product's
	8730	+	30 characteristics common to the community of consumers.
	8731	+	31 Sec. 209. "User", for purposes of IC 34-20, has the same
	8732	+	32 meaning as the term "consumer", which is set forth in section 35
	8733	+	33 of this chapter.
	8734	+	34 Sec. 210. "Vehicle", for purposes of IC 34-24-3, has the meaning
	8735	+	35 set forth in IC 35-31.5-2-346.
	8736	+	36 Sec. 211. "Victim", for purposes of IC 34-60-1, has the meaning
	8737	+	37 set forth in IC 34-60-1-1.
	8738	+	38 Sec. 212. "Victim advocate", for purposes of IC 34-60-1, has the
	8739	+	39 meaning set forth in IC 34-60-1-2.
	8740	+	40 Sec. 213. "Victim notification capabilities" means, with respect
	8741	+	41 to a GPS tracking device, the ability of the device to do the
	8742	+	42 following:
	8743	+	SB 80—LS 6051/DI 112 204
	8744	+	1 (1) Immediately notify law enforcement or other supervisory
	8745	+	2 personnel if the device enters a forbidden area.
	8746	+	3 (2) Notify the victim in real time or near real time if the device
	8747	+	4 enters a forbidden area.
	8748	+	5 (3) Allow a law enforcement officer or other supervisory
	8749	+	6 officer to contact the offender immediately if the device enters
	8750	+	7 a forbidden area.
	8751	+	8 (4) Activate an alarm to warn others of the device's presence
	8752	+	9 in a forbidden area.
	8753	+	10 Sec. 214. "Victim service provider", for purposes of IC 34-60-1,
	8754	+	11 has the meaning set forth in IC 34-60-1-3.
	8755	+	12 Sec. 215. "Volunteer", for purposes of IC 34-30-19, means an
	8756	+	13 individual who, without compensation, engages in or provides
	8757	+	14 other personal services for a sports or leisure activity such as
	8758	+	15 baseball, basketball, football, soccer, hockey, volleyball,
	8759	+	16 cheerleading, or other similar sports or leisure activities involving
	8760	+	17 children who are less than sixteen (16) years of age.
	8761	+	18 Sec. 216. "Weekly newspaper", for purposes of IC 34-15-4,
	8762	+	19 means a newspaper that publishes one (1), two (2), three (3), or
	8763	+	20 four (4) issues each week.
	8764	+	21 SECTION 177. IC 34-11-2-11.5, AS ADDED BY P.L.154-2011,
	8765	+	22 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	8766	+	23 JULY 1, 2025]: Sec. 11.5. (a) As used in this chapter, "person" has the
	8767	+	24 meaning set forth in IC 34-6-2-103(b). IC 34-6-2.1-149(b).
	8768	+	25 (b) Subject to subsections (c), (d), and (e), a person may seek to
	8769	+	26 recover the following in an action brought on or after the effective date
	8770	+	27 of this section under IC 13-30-9-2 or IC 13-23-13-8(b) to recover costs
	8771	+	28 incurred for a removal action, a remedial action, or a corrective action:
	8772	+	29 (1) The costs incurred not more than ten (10) years before the date
	8773	+	30 the action is brought, even if the person or any other person also
	8774	+	31 incurred costs more than ten (10) years before the date the action
	8775	+	32 is brought.
	8776	+	33 (2) The costs incurred on or after the date the action is brought.
	8777	+	34 (c) Costs are eligible for recovery under subsection (b) regardless
	8778	+	35 of whether any part of the costs is incurred before the effective date of
	8779	+	36 this section.
	8780	+	37 (d) This section does not permit a person to revive or raise new
	8781	+	38 claims in an action brought under IC 13-30-9-2 or IC 13-23-13-8(b)
	8782	+	39 that was finally adjudicated or settled before the effective date of this
	8783	+	40 section.
	8784	+	41 (e) Any person that brought an action under IC 13-30-9-2 or
	8785	+	42 IC 13-23-13-8(b) that was not finally adjudicated or settled prior to the
	8786	+	SB 80—LS 6051/DI 112 205
	8787	+	1 effective date of this section may not amend that action, or bring a new
	8788	+	2 action, under this section.
	8789	+	3 SECTION 178. IC 34-12-3.5-2, AS ADDED BY P.L.170-2024,
	8790	+	4 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	8791	+	5 JULY 1, 2025]: Sec. 2. The following definitions apply throughout this
	8792	+	6 chapter:
	8793	+	7 (1) "Ammunition" has the meaning set forth in IC 35-47-1-2.5.
	8794	+	8 (2) "Firearm" has the meaning set forth in 18 U.S.C. 921(a)(3).
	8795	+	9 (3) "Political subdivision" has the meaning set forth in
	8796	+	10 IC 34-6-2-110. IC 34-6-2.1-155.
	8797	+	11 (4) "Trade association" means a corporation, unincorporated
	8798	+	12 association, federation, business league, professional
	8799	+	13 organization, or business organization that meets all of the
	8800	+	14 following requirements:
	8801	+	15 (A) The entity is not organized or operated for profit.
	8802	+	16 (B) No part of the net earnings of the entity inures to the
	8803	+	17 benefit of a private shareholder or individual.
	8804	+	18 (C) The entity is an organization:
	8805	+	19 (i) described in 26 U.S.C. 501(c)(6); and
	8806	+	20 (ii) exempt from taxation under 26 U.S.C. 501(a).
	8807	+	21 (D) Two (2) or more members of the entity are manufacturers
	8808	+	22 or dealers in firearms or ammunition.
	8809	+	23 SECTION 179. IC 34-12-5-3, AS ADDED BY P.L.166-2021,
	8810	+	24 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	8811	+	25 JULY 1, 2025]: Sec. 3. As used in this chapter, "arising from
	8812	+	26 COVID-19" has the meaning set forth in IC 34-6-2-10.4.
	8813	+	27 IC 34-6-2.1-14.
	8814	+	28 SECTION 180. IC 34-12-5-5, AS ADDED BY P.L.166-2021,
	8815	+	29 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	8816	+	30 JULY 1, 2025]: Sec. 5. As used in this chapter, "covered entity" means:
	8817	+	31 (1) a governmental entity (as defined by IC 34-6-2-49),
	8818	+	32 IC 34-6-2.1-77), including a political subdivision (as defined in
	8819	+	33 IC 34-6-2-110); IC 34-6-2.1-155); and
	8820	+	34 (2) an approved postsecondary educational institution (as defined
	8821	+	35 by IC 21-7-13-6).
	8822	+	36 SECTION 181. IC 34-12-5-6, AS ADDED BY P.L.166-2021,
	8823	+	37 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	8824	+	38 JULY 1, 2025]: Sec. 6. As used in this chapter, "COVID-19" has the
	8825	+	39 meaning set forth in IC 34-6-2-31.4. IC 34-6-2.1-40.
	8826	+	40 SECTION 182. IC 34-13-3-3, AS AMENDED BY P.L.135-2023,
5997	8827		41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5998		-	42 JULY 1, 2025]: Sec. 6. As used in this chapter, "legend drug" has the
5999		-	ES 80—LS 6051/DI 112 140
6000		-	1 meaning set forth in IC 16-18-2-199. The term does not include
6001		-	2 controlled substances (as defined in IC 35-48-1-9) IC 35-48-1.1-7)
6002		-	3 other than Tramadol (Ultram).
6003		-	4 SECTION 141. IC 25-26-13-25, AS AMENDED BY P.L.247-2019,
6004		-	5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6005		-	6 JULY 1, 2025]: Sec. 25. (a) All original prescriptions, whether in
6006		-	7 written or electronic format, shall be numbered and maintained in
6007		-	8 numerical and chronological order, or in a manner approved by the
6008		-	9 board and accessible for at least two (2) years in the pharmacy. A
6009		-	10 prescription transmitted from a practitioner by means of
6010		-	11 communication other than writing must immediately be reduced to
6011		-	12 writing or recorded in an electronic format by the pharmacist. The files
6012		-	13 shall be open for inspection to any member of the board or the board's
6013		-	14 duly authorized agent or representative.
6014		-	15 (b) A prescription may be electronically transmitted from the
6015		-	16 practitioner by computer or another electronic device to a pharmacy
6016		-	17 that is licensed under this article or any other state or territory. An
6017		-	18 electronic data intermediary that is approved by the board:
6018		-	19 (1) may transmit the prescription information between the
6019		-	20 prescribing practitioner and the pharmacy;
6020		-	21 (2) may archive copies of the electronic information related to the
6021		-	22 transmissions as necessary for auditing and security purposes; and
6022		-	23 (3) must maintain patient privacy and confidentiality of all
6023		-	24 archived information as required by applicable state and federal
6024		-	25 laws.
6025		-	26 (c) Except as provided in subsection (d), a prescription for any drug,
6026		-	27 the label of which bears either the legend, "Caution: Federal law
6027		-	28 prohibits dispensing without prescription" or "Rx Only", may not be
6028		-	29 refilled without written, electronically transmitted, or oral authorization
6029		-	30 of a licensed practitioner.
6030		-	31 (d) A prescription for any drug, the label of which bears either the
6031		-	32 legend, "Caution: Federal law prohibits dispensing without
6032		-	33 prescription" or "Rx Only", may be refilled by a pharmacist without the
6033		-	34 written, electronically transmitted, or oral authorization of a licensed
6034		-	35 practitioner if all of the following conditions are met:
6035		-	36 (1) The pharmacist has made every reasonable effort to contact
6036		-	37 the original prescribing practitioner or the practitioner's designee
6037		-	38 for consultation and authorization of the prescription refill.
6038		-	39 (2) The pharmacist believes that, under the circumstances, failure
6039		-	40 to provide a refill would be seriously detrimental to the patient's
6040		-	41 health.
6041		-	42 (3) The original prescription authorized a refill but a refill would
6042		-	ES 80—LS 6051/DI 112 141
6043		-	1 otherwise be invalid for either of the following reasons:
6044		-	2 (A) All of the authorized refills have been dispensed.
6045		-	3 (B) The prescription has expired under subsection (h).
6046		-	4 (4) The prescription for which the patient requests the refill was:
6047		-	5 (A) originally filled at the pharmacy where the request for a
6048		-	6 refill is received and the prescription has not been transferred
6049		-	7 for refills to another pharmacy at any time; or
6050		-	8 (B) filled at or transferred to another location of the same
6051		-	9 pharmacy or its affiliate owned by the same parent corporation
6052		-	10 if the pharmacy filling the prescription has full access to
6053		-	11 prescription and patient profile information that is
6054		-	12 simultaneously and continuously updated on the parent
6055		-	13 corporation's information system.
6056		-	14 (5) The drug is prescribed for continuous and uninterrupted use
6057		-	15 and the pharmacist determines that the drug is being taken
6058		-	16 properly in accordance with IC 25-26-16.
6059		-	17 (6) The pharmacist shall document the following information
6060		-	18 regarding the refill:
6061		-	19 (A) The information required for any refill dispensed under
6062		-	20 subsection (e).
6063		-	21 (B) The dates and times that the pharmacist attempted to
6064		-	22 contact the prescribing practitioner or the practitioner's
6065		-	23 designee for consultation and authorization of the prescription
6066		-	24 refill.
6067		-	25 (C) The fact that the pharmacist dispensed the refill without
6068		-	26 the authorization of a licensed practitioner.
6069		-	27 (7) The pharmacist notifies the original prescribing practitioner
6070		-	28 of the refill and the reason for the refill by the practitioner's next
6071		-	29 business day after the refill has been made by the pharmacist.
6072		-	30 (8) Any pharmacist initiated refill under this subsection may not
6073		-	31 be for more than the quantity on the most recent fill or a thirty
6074		-	32 (30) day supply, whichever is less.
6075		-	33 (9) Not more than one (1) pharmacist initiated refill is dispensed
6076		-	34 under this subsection for a single prescription in a six (6) month
6077		-	35 period.
6078		-	36 (10) The drug prescribed is not a controlled substance.
6079		-	37 A pharmacist may not refill a prescription under this subsection if the
6080		-	38 practitioner has designated on the prescription form the words "No
6081		-	39 Emergency Refill".
6082		-	40 (e) When refilling a prescription, the refill record shall include:
6083		-	41 (1) the date of the refill;
6084		-	42 (2) the quantity dispensed if other than the original quantity; and
6085		-	ES 80—LS 6051/DI 112 142
6086		-	1 (3) the dispenser's identity on:
6087		-	2 (A) the original prescription form; or
6088		-	3 (B) another board approved, uniformly maintained, readily
6089		-	4 retrievable record.
6090		-	5 (f) The original prescription form or the other board approved
6091		-	6 record described in subsection (e) must indicate by the number of the
6092		-	7 original prescription the following information:
6093		-	8 (1) The name and dosage form of the drug.
6094		-	9 (2) The date of each refill.
6095		-	10 (3) The quantity dispensed.
6096		-	11 (4) The identity of the pharmacist who dispensed the refill.
6097		-	12 (5) The total number of refills for that prescription.
6098		-	13 (g) This subsection does not apply:
6099		-	14 (1) unless a patient requests a prescription drug supply of more
6100		-	15 than thirty (30) days;
6101		-	16 (2) to the dispensing of a controlled substance (as defined in
6102		-	17 IC 35-48-1-9); IC 35-48-1.1-7); or
6103		-	18 (3) if a prescriber indicates on the prescription that the quantity of
6104		-	19 the prescription may not be changed.
6105		-	20 A pharmacist may dispense, upon request of the patient, personal or
6106		-	21 legal representative of the patient, or guardian of the patient, not more
6107		-	22 than a ninety (90) day supply of medication if the patient has completed
6108		-	23 an initial thirty (30) day supply of the drug therapy and the
6109		-	24 prescription, including any refills, allows a pharmacist to dispense at
6110		-	25 least a ninety (90) day supply of the medication. However, a pharmacist
6111		-	26 shall comply with state and federal laws and regulations concerning the
6112		-	27 dispensing limitations concerning a prescription drug. The pharmacist
6113		-	28 shall inform the customer concerning whether the additional supply of
6114		-	29 the prescription will be covered under the patient's insurance, if
6115		-	30 applicable.
6116		-	31 (h) A prescription is valid for not more than one (1) year after the
6117		-	32 original date of issue.
6118		-	33 (i) A pharmacist may not knowingly dispense a prescription after
6119		-	34 the demise of the practitioner, unless in the pharmacist's professional
6120		-	35 judgment it is in the best interest of the patient's health.
6121		-	36 (j) A pharmacist may not knowingly dispense a prescription after
6122		-	37 the demise of the patient.
6123		-	38 (k) A pharmacist or a pharmacy shall not resell, reuse, or
6124		-	39 redistribute a medication that is returned to the pharmacy after being
6125		-	40 dispensed unless the medication:
6126		-	41 (1) was dispensed to an individual:
6127		-	42 (A) residing in an institutional facility (as defined in 856
6128		-	ES 80—LS 6051/DI 112 143
6129		-	1 IAC 1-28.1-1(6));
6130		-	2 (B) in a hospice program under IC 16-25; or
6131		-	3 (C) in a county jail or department of correction facility;
6132		-	4 (2) was properly stored and securely maintained according to
6133		-	5 sound pharmacy practices;
6134		-	6 (3) is returned unopened and:
6135		-	7 (A) was dispensed in the manufacturer's original:
6136		-	8 (i) bulk, multiple dose container with an unbroken tamper
6137		-	9 resistant seal; or
6138		-	10 (ii) unit dose package; or
6139		-	11 (B) was packaged by the dispensing pharmacy in a:
6140		-	12 (i) multiple dose blister container; or
6141		-	13 (ii) unit dose package;
6142		-	14 (4) was dispensed by the same pharmacy as the pharmacy
6143		-	15 accepting the return;
6144		-	16 (5) is not expired; and
6145		-	17 (6) is not a controlled substance (as defined in IC 35-48-1-9),
6146		-	18 IC 35-48-1.1-7), unless the pharmacy holds a Category II permit
6147		-	19 (as described in section 17 of this chapter).
6148		-	20 (l) A pharmacist or a pharmacy shall not resell, reuse, or redistribute
6149		-	21 medical devices or medical supplies used for prescription drug therapy
6150		-	22 that have been returned to the pharmacy after being dispensed unless
6151		-	23 the medical devices or medical supplies:
6152		-	24 (1) were dispensed to an individual in a county jail or department
6153		-	25 of correction facility;
6154		-	26 (2) are not expired; and
6155		-	27 (3) are returned unopened and in the original sealed packaging.
6156		-	28 (m) A pharmacist may use the pharmacist's professional judgment
6157		-	29 as to whether to accept medication for return under this section.
6158		-	30 (n) This subsection does not apply to a controlled substance,
6159		-	31 compounded drug, or biological product, or if the prescriber has
6160		-	32 indicated adaptation of a prescription is not permitted. A pharmacist,
6161		-	33 acting in good faith, exercising reasonable care, and obtaining patient
6162		-	34 consent, may do the following:
6163		-	35 (1) Change the quantity of a medication prescribed if:
6164		-	36 (A) the prescribed quantity or package size is not
6165		-	37 commercially available;
6166		-	38 (B) the change in quantity is related to a change in dosage
6167		-	39 form; or
6168		-	40 (C) the change in quantity reflects the intended day supply.
6169		-	41 (2) Change the dosage form of the prescription if it is in the best
6170		-	42 interest of patient care, if the prescriber's directions are also
6171		-	ES 80—LS 6051/DI 112 144
6172		-	1 modified to equate to an equivalent amount of drug dispensed as
6173		-	2 prescribed.
6174		-	3 (3) Complete missing information on a prescription if there is
6175		-	4 sufficient evidence to support the change.
6176		-	5 (4) Extend a maintenance drug for the limited quantity necessary
6177		-	6 to coordinate a patient's refills in a medication synchronization
6178		-	7 program.
6179		-	8 A pharmacist who adapts a prescription in accordance with this
6180		-	9 subsection must document the adaptation in the patient's record.
6181		-	10 (o) A pharmacist who violates subsection (d) commits a Class A
6182		-	11 infraction.
6183		-	12 SECTION 142. IC 25-26-24-2.5, AS ADDED BY P.L.264-2019,
6184		-	13 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6185		-	14 JULY 1, 2025]: Sec. 2.5. As used in this chapter, "controlled
6186		-	15 substance" has the meaning set forth in IC 35-48-1-9. IC 35-48-1.1-7.
6187		-	16 The term includes gabapentin.
6188		-	17 SECTION 143. IC 25-26-26-7, AS ADDED BY P.L.208-2023,
6189		-	18 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6190		-	19 JULY 1, 2025]: Sec. 7. (a) As used in this chapter, "prescription drug"
6191		-	20 means a drug, as defined in IC 25-26-13-2, that requires a prescription
6192		-	21 before being dispensed or administered to a patient.
6193		-	22 (b) The term does not include:
6194		-	23 (1) an abortion inducing drug (as defined in IC 16-18-2-1.6); or
6195		-	24 (2) controlled substances (as defined in IC 35-48-1-9).
6196		-	25 IC 35-48-1.1-7).
6197		-	26 SECTION 144. IC 25-29-7-1 IS AMENDED TO READ AS
6198		-	27 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. If after a physical or
6199		-	28 mental examination under IC 25-1-9-7 and a hearing, the board
6200		-	29 determines that a podiatrist is impaired from practicing podiatric
6201		-	30 medicine with reasonable skill and safety because of a mental illness,
6202		-	31 a physical illness, or an excessive use or habitual abuse of a controlled
6203		-	32 substance (as defined in IC 35-48-1-9) IC 35-48-1.1-7) or alcohol the
6204		-	33 board may impose any of the following, singly or in combination:
6205		-	34 (1) Require the podiatrist to submit to care, counseling, or
6206		-	35 treatment that is acceptable to the board.
6207		-	36 (2) Suspend, limit, or restrict the podiatrist's license for the
6208		-	37 duration of the impairment.
6209		-	38 (3) Revoke the podiatrist's license.
6210		-	39 SECTION 145. IC 27-1-29-4 IS AMENDED TO READ AS
6211		-	40 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. As used in this
6212		-	41 chapter, "political subdivision" has the meaning set forth in
6213		-	42 IC 34-6-2-110. IC 34-6-2.1-155.
6214		-	ES 80—LS 6051/DI 112 145
6215		-	1 SECTION 146. IC 27-1-29.1-5 IS AMENDED TO READ AS
6216		-	2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. As used in this
6217		-	3 chapter, "political subdivision" has the meaning set forth in
6218		-	4 IC 34-6-2-110. IC 34-6-2.1-155.
6219		-	5 SECTION 147. IC 27-1-45.5-2, AS ADDED BY P.L.117-2021,
6220		-	6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6221		-	7 JULY 1, 2025]: Sec. 2. As used in this chapter, "political subdivision"
6222		-	8 has the meaning set forth in IC 34-6-2-110. IC 34-6-2.1-155.
6223		-	9 SECTION 148. IC 27-13-31-2 IS AMENDED TO READ AS
6224		-	10 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) As used in this
6225		-	11 section, "in good faith and without malice" when used to describe an
6226		-	12 action taken or a decision or recommendation made means that:
6227		-	13 (1) a reasonable effort has been taken to obtain the facts of the
6228		-	14 matter;
6229		-	15 (2) a reasonable belief exists that the action, decision, or
6230		-	16 recommendation is warranted by the facts known; and
6231		-	17 (3) if the action is described in IC 34-30-15-7, the action is made
6232		-	18 in compliance with IC 34-30-15-7.
6233		-	19 (b) As used in this section, "health care review committee" means
6234		-	20 a peer review committee under IC 34-6-2-99 IC 34-6-2.1-145 (or
6235		-	21 IC 34-4-12.6-1(c) before its repeal).
6236		-	22 (c) In all actions to which this section applies, good faith shall be
6237		-	23 presumed and malice shall be required to be proven by the person
6238		-	24 aggrieved.
6239		-	25 (d) A person who, in good faith and without malice:
6240		-	26 (1) takes any action or makes a decision or recommendation as a
6241		-	27 member, an agent, or an employee of a health care review
6242		-	28 committee; or
6243		-	29 (2) furnishes any record, information, or assistance to a health
6244		-	30 care review committee;
6245		-	31 is not subject to liability for damages in any legal action in
6246		-	32 consequence of that action.
6247		-	33 (e) Neither:
6248		-	34 (1) the health maintenance organization or limited service health
6249		-	35 maintenance organization that established the health care review
6250		-	36 committee; or
6251		-	37 (2) the officers, directors, employees, or agents of the health
6252		-	38 maintenance organization or limited service health maintenance
6253		-	39 organization;
6254		-	40 are liable for damages in any civil action for the activities of a person
6255		-	41 who, in good faith and without malice, takes any action or makes a
6256		-	42 decision or recommendation as a member, an agent, or an employee of
6257		-	ES 80—LS 6051/DI 112 146
6258		-	1 a health care review committee, or furnishes any record, information,
6259		-	2 or assistance to a health care review committee.
6260		-	3 (f) This section does not relieve any person of liability arising from
6261		-	4 treatment of a patient or an enrollee, or from a determination of the
6262		-	5 reimbursement to be provided under the terms of an insurance policy,
6263		-	6 a health maintenance organization contract, or another benefit program
6264		-	7 providing payment, reimbursement, or indemnification for health care
6265		-	8 costs based on the appropriateness of health care services delivered to
6266		-	9 an enrollee.
6267		-	10 (g) A health care review committee shall comply with IC 34-6-2-99.
6268		-	11 IC 34-6-2.1-145.
6269		-	12 SECTION 149. IC 28-9-2-7 IS AMENDED TO READ AS
6270		-	13 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. "Person" has the
6271		-	14 meaning set forth in IC 3-5-2-36. IC 3-5-2.1-77.
6272		-	15 SECTION 150. IC 31-9-2-24 IS AMENDED TO READ AS
6273		-	16 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 24. "Controlled
6274		-	17 substance", for purposes of the juvenile law, has the meaning set forth
6275		-	18 in IC 35-48-1. IC 35-48-1.1.
6276		-	19 SECTION 151. IC 31-9-2-97.4, AS AMENDED BY P.L.3-2016,
6277		-	20 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6278		-	21 JULY 1, 2025]: Sec. 97.4. "Professional health care provider", for
6279		-	22 purposes of IC 31-19-25, has the meaning set forth in IC 34-6-2-117.
6280		-	23 IC 34-6-2.1-165.
6281		-	24 SECTION 152. IC 31-19-19-4, AS AMENDED BY P.L.128-2012,
6282		-	25 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6283		-	26 JULY 1, 2025]: Sec. 4. All papers, records, and information pertaining
6284		-	27 to the adoption, whether part of:
6285		-	28 (1) the permanent record of the court; or
6286		-	29 (2) a file in:
6287		-	30 (A) the division of vital records;
6288		-	31 (B) the department or local office;
6289		-	32 (C) a licensed child placing agency; or
6290		-	33 (D) a professional health care provider (as defined in
6291		-	34 IC 34-6-2-117); IC 34-6-2.1-165);
6292		-	35 are confidential and may be disclosed only in accordance with
6293		-	36 IC 31-19-17, this chapter, or IC 31-19-20 through IC 31-19-25.5.
6294		-	37 SECTION 153. IC 31-19-21-6, AS AMENDED BY P.L.3-2016,
6295		-	38 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6296		-	39 JULY 1, 2025]: Sec. 6. The following persons shall provide for the
6297		-	40 storage and indexing of consents made under this chapter to carry out
6298		-	41 IC 31-19-24 through IC 31-19-25.5:
6299		-	42 (1) The state registrar.
6300		-	ES 80—LS 6051/DI 112 147
6301		-	1 (2) The department.
6302		-	2 (3) County offices of family and children.
6303		-	3 (4) Licensed child placing agencies.
6304		-	4 (5) Professional health care providers (as defined in
6305		-	5 IC 34-6-2-117). IC 34-6-2.1-165).
6306		-	6 (6) Courts.
6307		-	7 SECTION 154. IC 31-19-21-7, AS AMENDED BY P.L.128-2012,
6308		-	8 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6309		-	9 JULY 1, 2025]: Sec. 7. The following persons shall send a copy of a
6310		-	10 consent for the release of identifying information and any signed
6311		-	11 writing that withdraws or modifies a consent for the release of
6312		-	12 identifying information received by the person to the state registrar:
6313		-	13 (1) The department.
6314		-	14 (2) A local office.
6315		-	15 (3) A licensed child placing agency.
6316		-	16 (4) A professional health care provider (as defined in
6317		-	17 IC 34-6-2-117). IC 34-6-2.1-165).
6318		-	18 (5) An attorney.
6319		-	19 (6) A court.
6320		-	20 SECTION 155. IC 31-19-23-1, AS AMENDED BY P.L.128-2012,
6321		-	21 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6322		-	22 JULY 1, 2025]: Sec. 1. The following persons shall release
6323		-	23 nonidentifying information concerning an adoption in the entity's
6324		-	24 possession to any person described in IC 31-19-18-2(a) upon request:
6325		-	25 (1) The state registrar.
6326		-	26 (2) The department.
6327		-	27 (3) A local office.
6328		-	28 (4) A licensed child placing agency.
6329		-	29 (5) A professional health care provider (as defined in
6330		-	30 IC 34-6-2-117). IC 34-6-2.1-165).
6331		-	31 (6) The attorney who arranged the adoption.
6332		-	32 (7) A court.
6333		-	33 SECTION 156. IC 31-19-24-1, AS AMENDED BY P.L.97-2013,
6334		-	34 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6335		-	35 JULY 1, 2025]: Sec. 1. (a) Any interested person may file a petition
6336		-	36 with any court with probate jurisdiction in Indiana requesting the
6337		-	37 release of:
6338		-	38 (1) medical information;
6339		-	39 (2) nonidentifying information; or
6340		-	40 (3) identifying information;
6341		-	41 that is not available through the state registrar or not allowed to be
6342		-	42 released by the state registrar.
6343		-	ES 80—LS 6051/DI 112 148
6344		-	1 (b) The contents of a petition must include to the best knowledge of
6345		-	2 the petitioner the following:
6346		-	3 (1) The full name and current address of the petitioner.
6347		-	4 (2) The adopted person's:
6348		-	5 (A) full name;
6349		-	6 (B) sex;
6350		-	7 (C) date of birth;
6351		-	8 (D) place of birth, if known; and
6352		-	9 (E) current address, if known.
6353		-	10 (3) The county of the adoption proceeding, if known.
6354		-	11 (4) The name and address of the agency that placed the adopted
6355		-	12 person, if known.
6356		-	13 (5) The full name and current address of the petitioners for
6357		-	14 adoption, if any.
6358		-	15 (6) The date of the adoption proceeding, if known.
6359		-	16 (7) The full name and current address of the birth parents, if
6360		-	17 known.
6361		-	18 (8) The nature of the:
6362		-	19 (A) medical;
6363		-	20 (B) identifying; or
6364		-	21 (C) nonidentifying;
6365		-	22 information being sought.
6366		-	23 (9) An affirmation:
6367		-	24 (A) by an attending physician, if medical information is
6368		-	25 sought, that indicates:
6369		-	26 (i) the nature of the illness;
6370		-	27 (ii) that the illness is believed to be hereditary or congenital;
6371		-	28 or
6372		-	29 (iii) why the information to be sought or shared is necessary
6373		-	30 for diagnosis or treatment of any person;
6374		-	31 (B) by the petitioner, if medical, identifying, or nonidentifying
6375		-	32 information is sought, that sets forth the reasons why the
6376		-	33 release of the information may be beneficial to the welfare of
6377		-	34 the adoptee, a birth parent, a relative of an adoptee, or a
6378		-	35 relative of a birth parent; and
6379		-	36 (C) that the medical, identifying, or nonidentifying information
6380		-	37 sought:
6381		-	38 (i) is not available through the state registrar; or
6382		-	39 (ii) is not allowed to be released by the state registrar.
6383		-	40 (10) A statement by the petitioner that the petitioner agrees to the
6384		-	41 payment of:
6385		-	42 (A) a reasonable fee for the services of a confidential
6386		-	ES 80—LS 6051/DI 112 149
6387		-	1 intermediary if a confidential intermediary is appointed under
6388		-	2 section 2 of this chapter; and
6389		-	3 (B) reasonable fees and any actual expenses of an attorney, a
6390		-	4 child placing agency, or a professional health care provider (as
6391		-	5 defined in IC 34-6-2-117) IC 34-6-2.1-165) that is requested
6392		-	6 to search its records and release information under sections 2
6393		-	7 through 11 of this chapter.
6394		-	8 (11) A description of the medical, identifying, or nonidentifying
6395		-	9 information being sought.
6396		-	10 SECTION 157. IC 31-19-24-3, AS AMENDED BY P.L.128-2012,
6397		-	11 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6398		-	12 JULY 1, 2025]: Sec. 3. Whenever the court appoints a confidential
6399		-	13 intermediary under section 2(2) of this chapter, the court shall do the
6400		-	14 following:
6401		-	15 (1) Consider:
6402		-	16 (A) the highly emotional and personal issues relating to
6403		-	17 adoption;
6404		-	18 (B) the privacy rights of both birth parents, adoptees, and
6405		-	19 pre-adoptive siblings;
6406		-	20 (C) the reasons the medical, identifying, or nonidentifying
6407		-	21 information is being sought under section 1 of this chapter;
6408		-	22 and
6409		-	23 (D) any irreparable harm to a birth parent, an adoptee, or a
6410		-	24 pre-adoptive sibling that may arise if appropriate consideration
6411		-	25 is not given to the issues described in clauses (A) through (C).
6412		-	26 (2) Provide the confidential intermediary with an order
6413		-	27 authorizing the confidential intermediary to search certain records
6414		-	28 that may include:
6415		-	29 (A) the division of public health statistics;
6416		-	30 (B) the department or local office;
6417		-	31 (C) any licensed child placing agency; or
6418		-	32 (D) any professional health care provider (as defined in
6419		-	33 IC 34-6-2-117). IC 34-6-2.1-165).
6420		-	34 An order under this subdivision must specify the information to
6421		-	35 be sought by the confidential intermediary.
6422		-	36 (3) Specify the direct contact, if any, that a confidential
6423		-	37 intermediary may have with any person from whom the medical,
6424		-	38 identifying, or nonidentifying information is being sought, such
6425		-	39 as providing that the confidential intermediary may only inform
6426		-	40 the person of the existence of the adoption history program
6427		-	41 administered by the state registrar under IC 31-19-18 through
6428		-	42 IC 31-19-23, this chapter, IC 31-19-25, and IC 31-19-25.5.
6429		-	ES 80—LS 6051/DI 112 150
6430		-	1 (4) Specify the limitations, if any, that the court considers
6431		-	2 necessary to prevent the confidential intermediary's search under
6432		-	3 this chapter from resulting in harm to a birth parent, an adoptee,
6433		-	4 or a pre-adoptive sibling.
6434		-	5 (5) Require the confidential intermediary to affirm under oath that
6435		-	6 the confidential intermediary agrees to act in good faith and
6436		-	7 perform its responsibilities in accordance with sections 2 through
6437		-	8 9 of this chapter.
6438		-	9 (6) Instruct the confidential intermediary to act as quickly as
6439		-	10 possible.
6440		-	11 SECTION 158. IC 31-26-5-3, AS AMENDED BY P.L.183-2017,
6441		-	12 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6442		-	13 JULY 1, 2025]: Sec. 3. (a) Family preservation services may provide:
6443		-	14 (1) comprehensive, coordinated, flexible, and accessible services;
6444		-	15 (2) intervention as early as possible with emphasis on establishing
6445		-	16 a safe and nurturing environment;
6446		-	17 (3) services to families who have members placed in care settings
6447		-	18 outside the nuclear family; and
6448		-	19 (4) planning options for temporary placement outside the family
6449		-	20 if it would endanger the child to remain in the home.
6450		-	21 (b) Unless authorized by a juvenile court, family preservation
6451		-	22 services may not include a temporary out-of-home placement if a
6452		-	23 person who is currently residing in the location designated as the
6453		-	24 out-of-home placement has committed an act resulting in a
6454		-	25 substantiated report of child abuse or neglect or has a juvenile
6455		-	26 adjudication or a conviction for a nonwaivable offense, as defined in
6456		-	27 IC 31-9-2-84.8.
6457		-	28 (c) Before placing a child at imminent risk of placement in a
6458		-	29 temporary out-of-home placement, the department shall conduct a
6459		-	30 criminal history check (as defined in IC 31-9-2-22.5) for each person
6460		-	31 described in subsection (b). However, the department is not required
6461		-	32 to conduct a criminal history check under this section if the temporary
6462		-	33 out-of-home placement is made to an entity or facility that is not a
6463		-	34 residence (as defined in IC 3-5-2-42.5) IC 3-5-2.1-90) or that is
6464		-	35 licensed by the state.
6465		-	36 SECTION 159. IC 31-34-4-2, AS AMENDED BY P.L.46-2024,
6466		-	37 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6467		-	38 JULY 1, 2025]: Sec. 2. (a) If a child alleged to be a child in need of
6468		-	39 services is taken into custody under an order of the court under this
6469		-	40 chapter and the court orders out-of-home placement, the department is
6470		-	41 responsible for that placement and care and must consider placing the
6471		-	42 child with a:
6472		-	ES 80—LS 6051/DI 112 151
6473		-	1 (1) suitable and willing relative; or
6474		-	2 (2) de facto custodian;
6475		-	3 before considering any other out-of-home placement.
6476		-	4 (b) The department shall consider placing a child described in
6477		-	5 subsection (a) with a relative related by blood, marriage, or adoption
6478		-	6 before considering any other placement of the child.
6479		-	7 (c) Before the department places a child in need of services with a
6480		-	8 relative or a de facto custodian, the department shall complete an
6481		-	9 evaluation based on a home visit of the relative's home.
6482		-	10 (d) Except as provided in subsection (f), before placing a child in
6483		-	11 need of services in an out-of-home placement, the department shall
6484		-	12 conduct a criminal history check of each person who is currently
6485		-	13 residing in the location designated as the out-of-home placement.
6486		-	14 (e) Except as provided in subsection (g), the department may not
6487		-	15 make an out-of-home placement if a person described in subsection (d)
6488		-	16 has:
6489		-	17 (1) committed an act resulting in a substantiated report of child
6490		-	18 abuse or neglect; or
6491		-	19 (2) been convicted of a nonwaivable offense, as defined in
6492		-	20 IC 31-9-2-84.8 or had a juvenile adjudication for an act that
6493		-	21 would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if
6494		-	22 committed by an adult.
6495		-	23 (f) The department is not required to conduct a criminal history
6496		-	24 check under subsection (d) if the department makes an out-of-home
6497		-	25 placement to an entity or a facility that is not a residence (as defined in
6498		-	26 IC 3-5-2-42.5) IC 3-5-2.1-90) or that is licensed by the state.
6499		-	27 (g) A court may order or the department may approve an
6500		-	28 out-of-home placement if:
6501		-	29 (1) a person described in subsection (d) has:
6502		-	30 (A) committed an act resulting in a substantiated report of
6503		-	31 child abuse or neglect;
6504		-	32 (B) been convicted of:
6505		-	33 (i) battery (IC 35-42-2-1);
6506		-	34 (ii) criminal recklessness (IC 35-42-2-2) as a felony;
6507		-	35 (iii) criminal confinement (IC 35-42-3-3) as a felony;
6508		-	36 (iv) arson (IC 35-43-1-1) as a felony;
6509		-	37 (v) nonsupport of a dependent child (IC 35-46-1-5);
6510		-	38 (vi) operating a motorboat while intoxicated (IC 35-46-9-6)
6511		-	39 as a felony;
6512		-	40 (vii) a felony involving a weapon under IC 35-47;
6513		-	41 (viii) a felony relating to controlled substances under
6514		-	42 IC 35-48-4; or
6515		-	ES 80—LS 6051/DI 112 152
6516		-	1 (ix) a felony under IC 9-30-5;
6517		-	2 if the conviction did not occur within the past five (5) years; or
6518		-	3 (C) had a juvenile adjudication for a nonwaivable offense, as
6519		-	4 defined in IC 31-9-2-84.8 that, if committed by an adult,
6520		-	5 would be a felony; and
6521		-	6 (2) the person's commission of the offense, delinquent act, or act
6522		-	7 of abuse or neglect described in subdivision (1) is not relevant to
6523		-	8 the person's present ability to care for a child, and the placement
6524		-	9 is in the best interest of the child.
6525		-	10 However, a court or the department shall not make an out-of-home
6526		-	11 placement if the person has been convicted of a nonwaivable offense,
6527		-	12 as defined in IC 31-9-2-84.8 that is not specifically excluded under
6528		-	13 subdivision (1)(B).
6529		-	14 (h) In considering the placement under subsection (g), the court or
6530		-	15 the department shall consider the following:
6531		-	16 (1) The length of time since the person committed the offense,
6532		-	17 delinquent act, or abuse or neglect.
6533		-	18 (2) The severity of the offense, delinquent act, or abuse or neglect.
6534		-	19 (3) Evidence of the person's rehabilitation, including the person's
6535		-	20 cooperation with a treatment plan, if applicable.
6536		-	21 SECTION 160. IC 31-34-18-6.1, AS AMENDED BY P.L.210-2019,
6537		-	22 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6538		-	23 JULY 1, 2025]: Sec. 6.1. (a) The predispositional report prepared by
6539		-	24 the department or caseworker must include the following information:
6540		-	25 (1) A description of all dispositional options considered in
6541		-	26 preparing the report.
6542		-	27 (2) An evaluation of each of the options considered in relation to
6543		-	28 the plan of care, treatment, rehabilitation, or placement
6544		-	29 recommended under the guidelines described in section 4 of this
6545		-	30 chapter.
6546		-	31 (3) A description of the due diligence efforts that the department
6547		-	32 has made to identify all adult relatives of the child.
6548		-	33 (4) The name, occupation and position, and any relationship to the
6549		-	34 child of each person with whom the preparer of the report
6550		-	35 conferred as provided in section 1.1 of this chapter.
6551		-	36 (5) The report and recommendations of the dual status assessment
6552		-	37 team if the child is a dual status child under IC 31-41.
6553		-	38 (b) If the department or caseworker is considering an out-of-home
6554		-	39 placement, including placement with a blood or an adoptive relative
6555		-	40 caretaker, the department or caseworker shall conduct a criminal
6556		-	41 history check (as defined in IC 31-9-2-22.5) for each person who is
6557		-	42 currently residing in the location designated as the out-of-home
6558		-	ES 80—LS 6051/DI 112 153
6559		-	1 placement. The results of the criminal history check must be included
6560		-	2 in the predispositional report.
6561		-	3 (c) The department or caseworker is not required to conduct a
6562		-	4 criminal history check under this section if:
6563		-	5 (1) the department or caseworker is considering only an
6564		-	6 out-of-home placement to an entity or a facility that:
6565		-	7 (A) is not a residence (as defined in IC 3-5-2-42.5);
6566		-	8 IC 3-5-2.1-90); or
6567		-	9 (B) is licensed by the state; or
6568		-	10 (2) placement under this section is undetermined at the time the
6569		-	11 predispositional report is prepared.
6570		-	12 SECTION 161. IC 31-34-20-1.5, AS AMENDED BY P.L.142-2020,
6571		-	13 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6572		-	14 JULY 1, 2025]: Sec. 1.5. (a) Except as provided in subsection (d), the
6573		-	15 juvenile court may not enter a dispositional decree approving or
6574		-	16 ordering placement of a child in another home under section 1(a)(3) of
6575		-	17 this chapter or awarding wardship to the department that will place the
6576		-	18 child in another home under section 1(a)(4) of this chapter if a person
6577		-	19 who is currently residing in the home in which the child would be
6578		-	20 placed under section 1(a)(3) or 1(a)(4) of this chapter has committed
6579		-	21 an act resulting in a substantiated report of child abuse or neglect, has
6580		-	22 a juvenile adjudication for an act that would be a nonwaivable offense,
6581		-	23 as defined in IC 31-9-2-84.8 if committed by an adult, or has a
6582		-	24 conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
6583		-	25 (b) The department or caseworker who prepared the predispositional
6584		-	26 report shall conduct a criminal history check (as defined in
6585		-	27 IC 31-9-2-22.5) to determine if a person described in subsection (a) has
6586		-	28 committed an act resulting in a substantiated report of child abuse or
6587		-	29 neglect, has a juvenile adjudication for an act that would be a
6588		-	30 nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
6589		-	31 adult, or has a conviction for a nonwaivable offense, as defined in
6590		-	32 IC 31-9-2-84.8. However, the department or caseworker is not required
6591		-	33 to conduct a criminal history check under this section if criminal
6592		-	34 history information under IC 31-34-4-2 or IC 31-34-18-6.1 establishes
6593		-	35 whether a person described in subsection (a) has committed an act
6594		-	36 resulting in a substantiated report of child abuse or neglect, has a
6595		-	37 juvenile adjudication for an act that would be a nonwaivable offense,
6596		-	38 as defined in IC 31-9-2-84.8 if committed by an adult, or has a
6597		-	39 conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
6598		-	40 (c) The department or caseworker is not required to conduct a
6599		-	41 criminal history check under this section if:
6600		-	42 (1) the department or caseworker is considering only an
6601		-	ES 80—LS 6051/DI 112 154
6602		-	1 out-of-home placement to an entity or a facility that:
6603		-	2 (A) is not a residence (as defined in IC 3-5-2-42.5);
6604		-	3 IC 3-5-2.1-90); or
6605		-	4 (B) is licensed by the state; or
6606		-	5 (2) placement under this section is undetermined at the time the
6607		-	6 predispositional report is prepared.
6608		-	7 (d) A juvenile court may enter a dispositional decree that approves
6609		-	8 placement of a child in another home or award wardship to the
6610		-	9 department that will place the child in a home with a person described
6611		-	10 in subsection (a) if:
6612		-	11 (1) the person described in subsection (a) has:
6613		-	12 (A) committed an act resulting in a substantiated report of
6614		-	13 child abuse or neglect;
6615		-	14 (B) been convicted of:
6616		-	15 (i) battery (IC 35-42-2-1);
6617		-	16 (ii) criminal recklessness (IC 35-42-2-2) as a felony;
6618		-	17 (iii) criminal confinement (IC 35-42-3-3) as a felony;
6619		-	18 (iv) arson (IC 35-43-1-1) as a felony;
6620		-	19 (v) nonsupport of a dependent child (IC 35-46-1-5);
6621		-	20 (vi) operating a motorboat while intoxicated (IC 35-46-9-6)
6622		-	21 as a felony;
6623		-	22 (vii) a felony involving a weapon under IC 35-47;
6624		-	23 (viii) a felony relating to controlled substances under
6625		-	24 IC 35-48-4; or
6626		-	25 (ix) a felony under IC 9-30-5;
6627		-	26 if the conviction did not occur within the past five (5) years; or
6628		-	27 (C) had a juvenile adjudication for a nonwaivable offense, as
6629		-	28 defined in IC 31-9-2-84.8 that, if committed by an adult,
6630		-	29 would be a felony; and
6631		-	30 (2) the person's commission of the offense, delinquent act, or act
6632		-	31 of abuse or neglect described in subdivision (1) is not relevant to
6633		-	32 the person's present ability to care for a child, and placing a child
6634		-	33 in another home or awarding wardship to the department is in the
6635		-	34 best interest of the child.
6636		-	35 However, a court may not enter a dispositional decree that approves
6637		-	36 placement of a child in another home or awards wardship to the
6638		-	37 department if the person has been convicted of a nonwaivable offense,
6639		-	38 as defined in IC 31-9-2-84.8 that is not specifically excluded under
6640		-	39 subdivision (1)(B).
6641		-	40 (e) In considering the placement under subsection (d), the court
6642		-	41 shall consider the following:
6643		-	42 (1) The length of time since the person committed the offense,
6644		-	ES 80—LS 6051/DI 112 155
6645		-	1 delinquent act, or act that resulted in the substantiated report of
6646		-	2 abuse or neglect.
6647		-	3 (2) The severity of the offense, delinquent act, or abuse or neglect.
6648		-	4 (3) Evidence of the person's rehabilitation, including the person's
6649		-	5 cooperation with a treatment plan, if applicable.
6650		-	6 SECTION 162. IC 31-37-17-6.1, AS AMENDED BY P.L.101-2022,
6651		-	7 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6652		-	8 JULY 1, 2025]: Sec. 6.1. (a) The predispositional report prepared by a
6653		-	9 probation officer must include the following information:
6654		-	10 (1) A validated risk and needs assessment as described in section
6655		-	11 1 of this chapter.
6656		-	12 (2) A description of all dispositional options considered in
6657		-	13 preparing the report.
6658		-	14 (3) An evaluation of each of the options considered in relation to
6659		-	15 the plan of care, treatment, rehabilitation, or placement
6660		-	16 recommended under the guidelines described in section 4 of this
6661		-	17 chapter.
6662		-	18 (4) The name, occupation and position, and any relationship to the
6663		-	19 child of each person with whom the preparer of the report
6664		-	20 conferred as provided in section 1.1 of this chapter.
6665		-	21 (5) The items required under section 1 of this chapter.
6666		-	22 (6) The results of a dual status screening tool to determine
6667		-	23 whether the child is a dual status child as described in
6668		-	24 IC 31-41-1-2.
6669		-	25 (b) If a probation officer is considering an out-of-home placement,
6670		-	26 including placement with a relative, the probation officer must conduct
6671		-	27 a criminal history check (as defined in IC 31-9-2-22.5) for each person
6672		-	28 who is currently residing in the location designated as the out-of-home
6673		-	29 placement. The results of the criminal history check must be included
6674		-	30 in the predispositional report.
6675		-	31 (c) A probation officer is not required to conduct a criminal history
6676		-	32 check under this section if:
6677		-	33 (1) the probation officer is considering only an out-of-home
6678		-	34 placement to an entity or a facility that:
6679		-	35 (A) is not a residence (as defined in IC 3-5-2-42.5);
6680		-	36 IC 3-5-2.1-90); or
6681		-	37 (B) is licensed by the state; or
6682		-	38 (2) placement under this section is undetermined at the time the
6683		-	39 predispositional report is prepared.
6684		-	40 SECTION 163. IC 31-37-19-6.5, AS AMENDED BY P.L.142-2020,
6685		-	41 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6686		-	42 JULY 1, 2025]: Sec. 6.5. (a) Except as provided in subsection (d), the
6687		-	ES 80—LS 6051/DI 112 156
6688		-	1 juvenile court may not enter a dispositional decree approving
6689		-	2 placement of a child in another home under section 1(a)(3) or
6690		-	3 6(b)(2)(D) of this chapter or awarding wardship to a person or facility
6691		-	4 that results in a placement with a person under section 1(a)(4) or
6692		-	5 6(b)(2)(E) of this chapter if a person who is currently residing in the
6693		-	6 home in which the child would be placed under section 1(a)(3), 1(a)(4),
6694		-	7 6(b)(2)(D), or 6(b)(2)(E) of this chapter has committed an act resulting
6695		-	8 in a substantiated report of child abuse or neglect, has a juvenile
6696		-	9 adjudication for an act that would be a nonwaivable offense, as defined
6697		-	10 in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a
6698		-	11 nonwaivable offense, as defined in IC 31-9-2-84.8.
6699		-	12 (b) The juvenile probation officer who prepared the predispositional
6700		-	13 report shall conduct a criminal history check (as defined in
6701		-	14 IC 31-9-2-22.5) to determine if a person described in subsection (a) has
6702		-	15 committed an act resulting in a substantiated report of child abuse or
6703		-	16 neglect, has a juvenile adjudication for an act that would be a
6704		-	17 nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
6705		-	18 adult, or has a conviction for a nonwaivable offense, as defined in
6706		-	19 IC 31-9-2-84.8. However, the probation officer is not required to
6707		-	20 conduct a criminal history check under this section if criminal history
6708		-	21 information obtained under IC 31-37-17-6.1 establishes whether a
6709		-	22 person described in subsection (a) has committed an act resulting in a
6710		-	23 substantiated report of child abuse or neglect, has a juvenile
6711		-	24 adjudication for an act that would be a nonwaivable offense, as defined
6712		-	25 in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a
6713		-	26 nonwaivable offense, as defined in IC 31-9-2-84.8.
6714		-	27 (c) The juvenile probation officer is not required to conduct a
6715		-	28 criminal history check under this section if:
6716		-	29 (1) the probation officer is considering only an out-of-home
6717		-	30 placement to an entity or a facility that:
6718		-	31 (A) is not a residence (as defined in IC 3-5-2-42.5);
6719		-	32 IC 3-5-2.1-90); or
6720		-	33 (B) is licensed by the state; or
6721		-	34 (2) placement under this section is undetermined at the time the
6722		-	35 predispositional report is prepared.
6723		-	36 (d) The juvenile court may enter a dispositional decree approving
6724		-	37 placement of a child in another home under section 1(a)(3) or
6725		-	38 6(b)(2)(D) of this chapter or awarding wardship to a person or facility
6726		-	39 that results in a placement with a person under section 1(a)(4) or
6727		-	40 6(b)(2)(E) of this chapter if:
6728		-	41 (1) a person described in subsection (a) has:
6729		-	42 (A) committed an act resulting in a substantiated report of
6730		-	ES 80—LS 6051/DI 112 157
6731		-	1 child abuse or neglect;
6732		-	2 (B) been convicted of:
6733		-	3 (i) a felony under IC 9-30-5;
6734		-	4 (ii) battery (IC 35-42-2-1);
6735		-	5 (iii) criminal recklessness (IC 35-42-2-2) as a felony;
6736		-	6 (iv) criminal confinement (IC 35-42-3-3) as a felony;
6737		-	7 (v) arson (IC 35-43-1-1) as a felony;
6738		-	8 (vi) nonsupport of a dependent child (IC 35-46-1-5);
6739		-	9 (vii) operating a motorboat while intoxicated (IC 35-46-9-6)
6740		-	10 as a felony;
6741		-	11 (viii) a felony involving a weapon under IC 35-47; or
6742		-	12 (ix) a felony relating to controlled substances under
6743		-	13 IC 35-48-4;
6744		-	14 if the conviction did not occur within the past five (5) years; or
6745		-	15 (C) had a juvenile adjudication for a nonwaivable offense, as
6746		-	16 defined in IC 31-9-2-84.8 that, if committed by an adult,
6747		-	17 would be a felony; and
6748		-	18 (2) the person's commission of the offense, delinquent act, or act
6749		-	19 of abuse or neglect described in subdivision (1) is not relevant to
6750		-	20 the person's present ability to care for a child, and placing the
6751		-	21 child in another home is in the best interest of the child.
6752		-	22 However, a court may not enter a dispositional decree placing a child
6753		-	23 in another home under section 1(a)(3) or 6(b)(2)(D) of this chapter or
6754		-	24 awarding wardship to a person or facility under this subsection if a
6755		-	25 person with whom the child is or will be placed has been convicted of
6756		-	26 a nonwaivable offense, as defined in IC 31-9-2-84.8 that is not
6757		-	27 specifically excluded under subdivision (1)(B).
6758		-	28 (e) In considering the placement under subsection (d), the court
6759		-	29 shall consider the following:
6760		-	30 (1) The length of time since the person committed the offense,
6761		-	31 delinquent act, or act that resulted in the substantiated report of
6762		-	32 abuse or neglect.
6763		-	33 (2) The severity of the offense, delinquent act, or abuse or neglect.
6764		-	34 (3) Evidence of the person's rehabilitation, including the person's
6765		-	35 cooperation with a treatment plan, if applicable.
6766		-	36 SECTION 164. IC 31-37-19-13, AS AMENDED BY P.L.111-2021,
6767		-	37 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6768		-	38 JULY 1, 2025]: Sec. 13. (a) This section applies if a child is a
6769		-	39 delinquent child under IC 31-37-1 due to the commission of a
6770		-	40 delinquent act that, if committed by an adult, would be:
6771		-	41 (1) dealing in:
6772		-	42 (A) a controlled substance (as defined in IC 35-48-1-9);
6773		-	ES 80—LS 6051/DI 112 158
6774		-	1 IC 35-48-1.1-7); or
6775		-	2 (B) a counterfeit substance (as defined in IC 35-48-1-10);
6776		-	3 IC 35-48-1.1-9);
6777		-	4 (2) possessing:
6778		-	5 (A) a controlled substance (as defined in IC 35-48-1-9);
6779		-	6 IC 35-48-1.1-7); or
6780		-	7 (B) a prescription drug (as defined in IC 35-48-1-25);
6781		-	8 IC 35-48-1.1-35);
6782		-	9 for which the child does not have a prescription; or
6783		-	10 (3) conspiring to commit an act described in subdivision (1) or
6784		-	11 (2).
6785		-	12 (b) The juvenile court shall, in addition to any other order or decree
6786		-	13 the court makes under this chapter, order the bureau of motor vehicles
6787		-	14 to invalidate the child's driver's license or permit for a period specified
6788		-	15 by the court of at least six (6) months but not more than one (1) year
6789		-	16 from the time the child would otherwise be eligible for a learner's
6790		-	17 permit.
6791		-	18 SECTION 165. IC 31-37-19-15 IS AMENDED TO READ AS
6792		-	19 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) This section
6793		-	20 applies if a child is a delinquent child under IC 31-37-1 due to the
6794		-	21 commission of a delinquent act that, if committed by an adult, would
6795		-	22 be:
6796		-	23 (1) dealing in:
6797		-	24 (A) a controlled substance (as defined in IC 35-48-1-9);
6798		-	25 IC 35-48-1.1-7); or
6799		-	26 (B) a counterfeit substance (as defined in IC 35-48-1-10);
6800		-	27 IC 35-48-1.1-9);
6801		-	28 (2) possessing:
6802		-	29 (A) a controlled substance (as defined in IC 35-48-1-9);
6803		-	30 IC 35-48-1.1-7); or
6804		-	31 (B) a prescription drug (as defined in IC 35-48-1-25);
6805		-	32 IC 35-48-1.1-35);
6806		-	33 for which the child does not have a prescription; or
6807		-	34 (3) conspiring to commit an act described in subdivision (1) or
6808		-	35 (2).
6809		-	36 (b) The juvenile court shall, in addition to any other order or decree
6810		-	37 the court makes under this chapter, order the bureau of motor vehicles
6811		-	38 not to issue the child a learner's permit for a period specified by the
6812		-	39 court of at least six (6) months but not more than one (1) year from the
6813		-	40 time the child would otherwise be eligible for a learner's permit.
6814		-	41 SECTION 166. IC 32-21-5-7, AS AMENDED BY P.L.175-2023,
6815		-	42 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6816		-	ES 80—LS 6051/DI 112 159
6817		-	1 JULY 1, 2025]: Sec. 7. (a) The Indiana real estate commission
6818		-	2 established by IC 25-34.1-2-1 shall adopt a specific disclosure form
6819		-	3 that contains the following:
6820		-	4 (1) Disclosure by the owner of the known condition of the
6821		-	5 following:
6822		-	6 (A) The foundation.
6823		-	7 (B) The mechanical systems.
6824		-	8 (C) The roof.
6825		-	9 (D) The structure.
6826		-	10 (E) The water and sewer systems.
6827		-	11 (F) Additions that may require improvements to the sewage
6828		-	12 disposal system.
6829		-	13 (G) Other areas that the Indiana real estate commission
6830		-	14 determines are appropriate.
6831		-	15 (2) Disclosure by the owner of known:
6832		-	16 (A) contamination caused by the manufacture of a controlled
6833		-	17 substance (as defined by IC 35-48-1-9) IC 35-48-1.1-7) on the
6834		-	18 property that has not been certified as decontaminated by a
6835		-	19 qualified inspector who is certified under IC 16-19-3.1; or
6836		-	20 (B) manufacture of methamphetamine or dumping of waste
6837		-	21 from the manufacture of methamphetamine in a residential
6838		-	22 structure on the property.
6839		-	23 (3) A notice to the prospective buyer that contains substantially
6840		-	24 the following language:
6841		-	25 "The prospective buyer and the owner may wish to obtain
6842		-	26 professional advice or inspections of the property and provide for
6843		-	27 appropriate provisions in a contract between them concerning any
6844		-	28 advice, inspections, defects, or warranties obtained on the
6845		-	29 property.".
6846		-	30 (4) A notice to the prospective buyer that contains substantially
6847		-	31 the following language:
6848		-	32 "The representations in this form are the representations of the
6849		-	33 owner and are not the representations of the agent, if any. This
6850		-	34 information is for disclosure only and is not intended to be a part
6851		-	35 of any contract between the buyer and owner.".
6852		-	36 (5) A disclosure by the owner that an airport is located within a
6853		-	37 geographical distance from the property as determined by the
6854		-	38 Indiana real estate commission. The commission may consider the
6855		-	39 differences between an airport serving commercial airlines and an
6856		-	40 airport that does not serve commercial airlines in determining the
6857		-	41 distance to be disclosed.
6858		-	42 (6) A disclosure by the owner that:
6859		-	ES 80—LS 6051/DI 112 160
6860		-	1 (A) the property is located near a military installation, within
6861		-	2 a state area of interest (as defined in IC 36-7-30.2-6), and may
6862		-	3 be impacted to some degree by the effects of the installation's
6863		-	4 military operations; and
6864		-	5 (B) local laws may restrict use and development of the
6865		-	6 property to promote compatibility with military installation
6866		-	7 operations.
6867		-	8 (7) If the owner has personal knowledge of the fact that all or a
6868		-	9 portion of the real estate is located within a community's
6869		-	10 floodplain boundaries, as indicated in a Federal Emergency
6870		-	11 Management Agency Flood Insurance Rate Map, a disclosure by
6871		-	12 the owner of that fact.
6872		-	13 (b) Responsibility for the disclosure required under subsection
6873		-	14 (a)(6) rests solely with the owner of the property and no liability for the
6874		-	15 owner's failure to make the required disclosure shall accrue to any third
6875		-	16 party. Failure of the owner to make the required disclosure under
6876		-	17 subsection (a)(6) shall not:
6877		-	18 (1) invalidate the transfer of the property; or
6878		-	19 (2) create any encumbrance or lien upon any legal or equitable
6879		-	20 title to the property.
6880		-	21 SECTION 167. IC 32-21-13-1, AS ADDED BY P.L.5-2010,
6881		-	22 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6882		-	23 JULY 1, 2025]: Sec. 1. The definitions in IC 3-5-2 IC 3-5-2.1 apply to
6883		-	24 this chapter.
6884		-	25 SECTION 168. IC 32-30-8-2, AS AMENDED BY P.L.80-2019,
6885		-	26 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6886		-	27 JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (d), as
6887		-	28 used in this chapter, "property" means a house, a building, a mobile
6888		-	29 home, or an apartment that is leased for residential or commercial
6889		-	30 purposes.
6890		-	31 (b) The term includes:
6891		-	32 (1) an entire building or complex of buildings; or
6892		-	33 (2) a mobile home community;
6893		-	34 and all real property of any nature appurtenant to and used in
6894		-	35 connection with the house, building, mobile home, or apartment,
6895		-	36 including all individual rental units and common areas.
6896		-	37 (c) The term does not include a hotel, motel, or other guest house,
6897		-	38 part of which is rented to a transient guest.
6898		-	39 (d) For actions brought by the attorney general in relation to the sale
6899		-	40 or solicited sale of a synthetic drug (as defined in IC 35-31.5-2-321),
6900		-	41 a controlled substance analog (as defined in IC 35-48-1-9.3),
6901		-	42 IC 35-48-1.1-8), or a substance represented to be a controlled
6902		-	ES 80—LS 6051/DI 112 161
6903		-	1 substance (as described in IC 35-48-4-4.6), "property" means a house,
6904		-	2 a building, a mobile home, or an apartment that is owned or leased for
6905		-	3 commercial or residential purposes. The term includes all real property
6906		-	4 of any nature appurtenant to and used in connection with the house,
6907		-	5 building, mobile home, or apartment.
6908		-	6 SECTION 169. IC 32-30-8-10.5, AS AMENDED BY P.L.80-2019,
6909		-	7 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6910		-	8 JULY 1, 2025]: Sec. 10.5. In addition to the remedies and penalties
6911		-	9 specified in sections 10, 11, 12, and 13 of this chapter, the court may
6912		-	10 do any of the following in an action brought under this chapter
6913		-	11 concerning the sale or solicited sale of a synthetic drug (as defined in
6914		-	12 IC 35-31.5-2-321), a controlled substance analog (as defined in
6915		-	13 IC 35-48-1-9.3), IC 35-48-1.1-8), or a substance represented to be a
6916		-	14 controlled substance (as described in IC 35-48-4-4.6):
6917		-	15 (1) Issue a restraining order against the person subject to
6918		-	16 IC 32-30-7-9 and IC 32-30-7-13.
6919		-	17 (2) Issue a preliminary injunction, temporary forfeiture, or closure
6920		-	18 order pending final decision on a permanent injunction subject to
6921		-	19 IC 32-30-7-12.
6922		-	20 (3) Issue an order of abatement subject to IC 32-30-7-22.
6923		-	21 SECTION 170. IC 33-23-1-4.5, AS ADDED BY P.L.252-2017,
6924		-	22 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6925		-	23 JULY 1, 2025]: Sec. 4.5. "Drug related felony" has the meaning set
6926		-	24 forth in IC 35-48-1-16.3. IC 35-48-1.1-17.
6927		-	25 SECTION 171. IC 33-23-16-2, AS AMENDED BY P.L.187-2011,
6928		-	26 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6929		-	27 JULY 1, 2025]: Sec. 2. As used in this chapter, "chemical test" means
6930		-	28 an analysis of an individual's:
6931		-	29 (1) blood;
6932		-	30 (2) breath;
6933		-	31 (3) hair;
6934		-	32 (4) sweat;
6935		-	33 (5) saliva;
6936		-	34 (6) urine; or
6937		-	35 (7) other bodily substance;
6938		-	36 to determine the presence of alcohol, a drug, or a controlled substance
6939		-	37 (as defined in IC 35-48-1-9). IC 35-48-1.1-7).
6940		-	38 SECTION 172. IC 33-33-2-11 IS AMENDED TO READ AS
6941		-	39 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11. A judge or
6942		-	40 candidate for judge of the Allen superior court may not:
6943		-	41 (1) accept a contribution (as defined in IC 3-5-2-15)
6944		-	42 IC 3-5-2.1-27) from any political party, political action committee
6945		-	ES 80—LS 6051/DI 112 162
6946		-	1 (as defined in IC 3-5-2-37), IC 3-5-2.1-78), or regular party
6947		-	2 committee (as defined in IC 3-5-2-42); IC 3-5-2.1-89); or
6948		-	3 (2) accept more than a total of ten thousand dollars ($10,000) in
6949		-	4 contributions from all sources to pay expenses connected with the
6950		-	5 candidate's candidacy.
6951		-	6 SECTION 173. IC 33-33-49-13.1, AS ADDED BY P.L.245-2017,
6952		-	7 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6953		-	8 JULY 1, 2025]: Sec. 13.1. (a) As used in this chapter:
6954		-	9 (1) "close relative" has the meaning set forth in IC 33-23-11-2;
6955		-	10 and
6956		-	11 (2) "committee" refers to the Marion County judicial selection
6957		-	12 committee established by subsection (b).
6958		-	13 (b) The Marion County judicial selection committee is established
6959		-	14 to:
6960		-	15 (1) select nominees for the court; and
6961		-	16 (2) make recommendations to the voters concerning the retention
6962		-	17 of a judge on the court.
6963		-	18 (c) The committee consists of the following fourteen (14) members:
6964		-	19 (1) Four (4) members who reside in Marion County, appointed as
6965		-	20 follows:
6966		-	21 (A) One (1) member appointed by the speaker of the house of
6967		-	22 representatives.
6968		-	23 (B) One (1) member appointed by the minority leader of the
6969		-	24 house of representatives.
6970		-	25 (C) One (1) member appointed by the president pro tempore
6971		-	26 of the senate.
6972		-	27 (D) One (1) member appointed by the minority leader of the
6973		-	28 senate.
6974		-	29 A person appointed under this subdivision may not be a member
6975		-	30 of the general assembly.
6976		-	31 (2) An attorney who resides in Marion County and practices
6977		-	32 primarily in the area of criminal law, appointed by the president
6978		-	33 of the Indianapolis bar association.
6979		-	34 (3) An attorney who resides in Marion County and practices
6980		-	35 primarily in the area of criminal law, appointed by the president
6981		-	36 of the Marion County bar association.
6982		-	37 (4) An attorney who resides in Marion County, appointed by the
6983		-	38 president of the Indiana Trial Lawyers Association.
6984		-	39 (5) An attorney who resides in Marion County, appointed by the
6985		-	40 president of the Defense Trial Counsel of Indiana.
6986		-	41 (6) Two (2) members appointed by the chairperson of each major
6987		-	42 political party (as defined by IC 3-5-2-30(2)) IC 3-5-2.1-62(2)) in
6988		-	ES 80—LS 6051/DI 112 163
6989		-	1 Marion County. Each of the four (4) members appointed under
6990		-	2 this subdivision must reside in Marion County and must reflect
6991		-	3 the diversity and makeup of Marion County.
6992		-	4 (7) The chief judge of the Indiana Court of Appeals or a designee
6993		-	5 of the chief judge who is a judge of the Indiana Court of Appeals.
6994		-	6 The chief judge or chief judge's designee serves as the vice
6995		-	7 chairperson of the committee ex officio.
6996		-	8 (8) The chief justice of Indiana or a designee of the chief justice
6997		-	9 who is a justice of the Indiana Supreme Court. The chief justice
6998		-	10 or chief justice's designee serves as the chairperson of the
6999		-	11 committee ex officio.
7000		-	12 (d) If a member of the committee is employed by a law firm, no
7001		-	13 other person employed by the same law firm may be appointed to the
7002		-	14 committee.
7003		-	15 (e) A member of the committee may not be:
7004		-	16 (1) a current or former judge of the Marion superior or circuit
7005		-	17 court;
7006		-	18 (2) a current or former judicial officer appointed by the Marion
7007		-	19 superior or circuit court;
7008		-	20 (3) a current or former employee of the Marion superior or circuit
7009		-	21 court; or
7010		-	22 (4) a close relative of anyone described in subdivision (1), (2), or
7011		-	23 (3).
7012		-	24 This subsection does not apply to a member appointed under
7013		-	25 subsection (c)(7) or (c)(8).
7014		-	26 (f) All attorney members of the committee must be in active and
7015		-	27 good standing with the Indiana Supreme Court.
7016		-	28 (g) Each member of the committee who is not an ex officio member
7017		-	29 serves a four (4) year term, beginning on July 1, 2017, and ending on
7018		-	30 June 30, 2021. A member of the committee may be reappointed for one
7019		-	31 (1) or more additional four (4) year terms. If a member is appointed to
7020		-	32 fill a vacancy, the member serves during the unexpired term of the
7021		-	33 member's predecessor and may be reappointed for one (1) or more
7022		-	34 additional four (4) year terms.
7023		-	35 (h) If a vacancy exists on the committee, the appointing authority
7024		-	36 who appointed the former member whose position has become vacant
7025		-	37 shall appoint an individual to fill the vacancy.
7026		-	38 (i) An ex officio member of the committee ceases to be a member
7027		-	39 of the committee at the time the person no longer holds the office that
7028		-	40 entitles the person to be a member of the committee.
7029		-	41 (j) A member of the committee described in subsection (c)(1)
7030		-	42 through (c)(6) who no longer resides in Marion County is considered
7031		-	ES 80—LS 6051/DI 112 164
7032		-	1 to have resigned from the committee. A member of the committee who
7033		-	2 no longer resides in Marion County shall notify the chairperson in
7034		-	3 writing of the member's change in residence.
7035		-	4 (k) A quorum consists of nine (9) members of the committee.
7036		-	5 (l) The affirmative votes of nine (9) members of the committee are
7037		-	6 required for the committee to take official action with respect to any
7038		-	7 candidate for judicial office.
7039		-	8 (m) The committee shall:
7040		-	9 (1) nominate judicial candidates for the court in accordance with
7041		-	10 section 13.4 of this chapter; and
7042		-	11 (2) make recommendations concerning retention in accordance
7043		-	12 with section 13.7 of this chapter.
7044		-	13 (n) The committee meets upon the call of the chairperson.
7045		-	14 (o) The committee shall meet in the Indiana statehouse or in any
7046		-	15 other appropriate location in Marion County, as determined by the
7047		-	16 chairperson.
7048		-	17 (p) Except as otherwise provided in subsection (q) or otherwise
7049		-	18 provided in this chapter, the committee may adopt its own policies and
7050		-	19 operating procedures. The policies and procedures must comply with
7051		-	20 IC 5-14-1.5 (the open door law) and this chapter, and must include
7052		-	21 procedures by which eligible candidates for a vacancy on the court may
7053		-	22 submit their names to the committee. The policies and procedures are
7054		-	23 public records, and the meetings of the committee at which the policies
7055		-	24 and procedures are considered for initial adoption or amendment must
7056		-	25 be publicly announced and open to the public. Applications of
7057		-	26 candidates for judicial appointment are public records.
7058		-	27 (q) Notwithstanding IC 5-14-1.5-2, the committee is a public agency
7059		-	28 for the purposes of IC 5-14-1.5. The committee may meet in executive
7060		-	29 session under IC 5-14-1.5-6.1 for the consideration of a candidate for
7061		-	30 appointment to or retention on the court if:
7062		-	31 (1) notice of the executive session is given in the manner
7063		-	32 prescribed by IC 5-14-1.5-5; and
7064		-	33 (2) all interviews of candidates are conducted at meetings open to
7065		-	34 the public.
7066		-	35 (r) Notwithstanding IC 5-14-3-4, all public records (as defined in
7067		-	36 IC 5-14-3-2) of the committee are subject to IC 5-14-3-3, including
7068		-	37 records described in IC 5-14-3-4(b)(12). However, the following
7069		-	38 records are excepted from public inspection and copying at the
7070		-	39 discretion of the committee:
7071		-	40 (1) Personnel files of committee employees and members and
7072		-	41 files of applicants for employment with the committee to the
7073		-	42 extent permitted under IC 5-14-3-4(b)(8).
7074		-	ES 80—LS 6051/DI 112 165
7075		-	1 (2) Records specifically prepared for discussion or developed
7076		-	2 during discussion in an executive session under IC 5-14-1.5-6.1,
7077		-	3 unless the records are prepared for use in the consideration of a
7078		-	4 candidate for retention or judicial appointment.
7079		-	5 (3) Investigatory records prepared for the committee until:
7080		-	6 (A) the records are considered in connection with the
7081		-	7 consideration of a candidate;
7082		-	8 (B) the records are publicly discussed by the committee in
7083		-	9 connection with the consideration of a candidate;
7084		-	10 (C) a candidate elects to have the records released by the
7085		-	11 committee; or
7086		-	12 (D) the committee elects to release the records that the
7087		-	13 committee considers appropriate in response to publicly
7088		-	14 disseminated statements relating to the activities or actions of
7089		-	15 the committee;
7090		-	16 whichever occurs first.
7091		-	17 (4) The work product of an attorney (as defined in IC 5-14-3-2)
7092		-	18 representing the committee.
7093		-	19 (s) When an event described by subsection (r)(3) occurs, the
7094		-	20 investigatory record becomes available for public inspection and
7095		-	21 copying under IC 5-14-3-3.
7096		-	22 (t) A former member of the committee may not be nominated as a
7097		-	23 judge of the court if the person has served as a member of the
7098		-	24 committee within the previous five (5) years.
7099		-	25 SECTION 174. IC 33-42-9-7, AS AMENDED BY P.L.185-2021,
7100		-	26 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7101		-	27 JULY 1, 2025]: Sec. 7. (a) A notarial act may be performed by the
7102		-	28 following individuals:
7103		-	29 (1) Notaries public.
7104		-	30 (2) An official court reporter acting under IC 33-41-1-6.
7105		-	31 (3) Judges and justices of Indiana courts.
7106		-	32 (4) The secretary of state.
7107		-	33 (5) The clerk of the supreme court.
7108		-	34 (6) Mayors, clerks, clerk-treasurers of towns and cities, township
7109		-	35 trustees, in their respective towns, cities, and townships.
7110		-	36 (7) Clerks of circuit courts and master commissioners in their
7111		-	37 respective counties.
7112		-	38 (8) Judges of United States district courts of Indiana, in their
7113		-	39 respective jurisdictions.
7114		-	40 (9) United States commissioners appointed for any United States
7115		-	41 district court of Indiana, in their respective jurisdictions.
7116		-	42 (10) A precinct election officer (as defined in IC 3-5-2-40.1)
7117		-	ES 80—LS 6051/DI 112 166
7118		-	1 IC 3-5-2.1-82) and an absentee voter board member appointed
7119		-	2 under IC 3-11-10 or IC 3-11.5-4, for any purpose authorized
7120		-	3 under IC 3.
7121		-	4 (11) A member of the Indiana election commission, a co-director
7122		-	5 of the election division, or an employee of the election division as
7123		-	6 defined under IC 3-6-4.2.
7124		-	7 (12) County auditors in their respective counties.
7125		-	8 (13) County recorders in their respective counties.
7126		-	9 (14) Any member of the Indiana general assembly anywhere in
7127		-	10 Indiana.
7128		-	11 (15) The adjutant general of the Indiana National Guard, specific
7129		-	12 active duty members, reserve duty members, or civilian
7130		-	13 employees of the Indiana National Guard designated by the
7131		-	14 adjutant general of the Indiana National Guard for any purpose
7132		-	15 related to the service of an active duty or reserve member of the
7133		-	16 Indiana National Guard.
7134		-	17 (b) The signature and title of an individual performing a notarial act
7135		-	18 in Indiana is prima facie evidence of the fact that:
7136		-	19 (1) the signature is genuine; and
7137		-	20 (2) the individual holds the designated title.
7138		-	21 SECTION 175. IC 34-6-2 IS REPEALED [EFFECTIVE JULY 1,
7139		-	22 2025]. (Definitions for Civil Law Statute).
7140		-	23 SECTION 176. IC 34-6-2.1 IS ADDED TO THE INDIANA CODE
7141		-	24 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
7142		-	25 JULY 1, 2025]:
7143		-	26 Chapter 2.1. Definitions
7144		-	27 Sec. 1. (a) "Actual damages", for purposes of IC 34-15-3,
7145		-	28 includes all damages that the plaintiff may have suffered in respect
7146		-	29 to the plaintiff's character, property, business, trade, profession, or
7147		-	30 occupation.
7148		-	31 (b) "Actual damages", for purposes of IC 34-15-4, means all
7149		-	32 damages that the plaintiff may have suffered in respect to the
7150		-	33 plaintiff's reputation, property, business, trade, profession, or
7151		-	34 occupation.
7152		-	35 (c) The phrase does not include any other damages.
7153		-	36 Sec. 2. "Adult person", for purposes of IC 34-23-1-2, has the
7154		-	37 meaning set forth in IC 34-23-1-2(a).
7155		-	38 Sec. 3. "Advance payment", for purposes of IC 34-44-2, means
7156		-	39 a payment made:
7157		-	40 (1) by:
7158		-	41 (A) the defendant in an action to recover damages for
7159		-	42 personal injuries, wrongful death, or property damage; or
7160		-	ES 80—LS 6051/DI 112 167
7161		-	1 (B) the defendant's insurance company; and
7162		-	2 (2) to or for the plaintiff or any other person.
7163		-	3 Sec. 4. "Advanced emergency medical technician", for purposes
7164		-	4 of IC 34-18, has the meaning set forth in IC 34-18-2-3.5.
7165		-	5 Sec. 5. (a) "Advertiser or sponsor", for purposes of IC 34-30-22,
7166		-	6 means a person who for political, commercial, educational,
7167		-	7 benevolent, or charitable purposes:
7168		-	8 (1) donates or contributes money, materials, or products; or
7169		-	9 (2) pays fees to advertise or display trademarks;
7170		-	10 in connection with an event.
7171		-	11 (b) The term does not include a person who exercises primary
7172		-	12 control over an event.
7173		-	13 Sec. 6. (a) "Agency", for purposes of IC 34-30-9, has the
7174		-	14 meaning set forth in IC 4-20.5-1-3. The term includes any
7175		-	15 institution supported by taxes.
7176		-	16 (b) "Agency", for purposes of IC 34-52-2, refers to any elected
7177		-	17 official or other authority exercising any of the executive, including
7178		-	18 administrative, authority of the state. The term does not include
7179		-	19 the legislative or judicial department of state government or a
7180		-	20 political subdivision.
7181		-	21 Sec. 7. "Aggrieved person", for purposes of IC 34-24-2, means
7182		-	22 any of the following:
7183		-	23 (1) A person who has an interest in property or in an
7184		-	24 enterprise that:
7185		-	25 (A) is the object of corrupt business influence
7186		-	26 (IC 35-45-6-2); or
7187		-	27 (B) has suffered damages or harm as a result of corrupt
7188		-	28 business influence (IC 35-45-6-2).
7189		-	29 (2) An individual whose personal safety is threatened by
7190		-	30 criminal organization (as defined in section 42 of this chapter)
7191		-	31 activity.
7192		-	32 (3) An individual or a business whose property value or
7193		-	33 business activity is negatively affected due to criminal
7194		-	34 organization (as defined in section 42 of this chapter) activity.
7195		-	35 (4) A political subdivision in which criminal organization (as
7196		-	36 defined in section 42 of this chapter) activity negatively affects
7197		-	37 the property values or business activity of the political
7198		-	38 subdivision or the personal safety of the political subdivision's
7199		-	39 residents.
7200		-	40 (5) The state.
7201		-	41 Sec. 8. "Agricultural product", for purposes of IC 34-30-3 and
7202		-	42 IC 34-30-5, means a natural product of a farm, a nursery, a grove,
7203		-	ES 80—LS 6051/DI 112 168
7204		-	1 an orchard, a vineyard, a garden, or an apiary. The term includes
7205		-	2 trees and firewood.
7206		-	3 Sec. 9. "Agritourism activity", for the purposes of IC 34-31-9,
7207		-	4 has the meaning set forth in IC 34-31-9-2.
7208		-	5 Sec. 10. "Agritourism provider", for the purposes of IC 34-31-9,
7209		-	6 has the meaning set forth in IC 34-31-9-3.
7210		-	7 Sec. 11. "Ambulance service", for purposes of IC 34-18, has the
7211		-	8 meaning set forth in IC 34-18-2-4.
7212		-	9 Sec. 12. "Annual aggregate", for purposes of IC 34-18, has the
7213		-	10 meaning set forth in IC 34-18-2-5.
7214		-	11 Sec. 13. "Arising (or arises) from a (or the) state disaster
7215		-	12 emergency", for purposes of IC 34-7-8 and IC 34-30-13.5, means
7216		-	13 an injury or harm:
7217		-	14 (1) caused by or resulting from an act or omission performed
7218		-	15 in response to a state disaster emergency declared under
7219		-	16 IC 10-14-3-12 to respond to COVID-19; and
7220		-	17 (2) arising from COVID-19.
7221		-	18 Sec. 14. (a) "Arising from COVID-19", for purposes of
7222		-	19 IC 34-30-32, has the meaning set forth in IC 34-30-32-2.
7223		-	20 (b) "Arising from COVID-19", for purposes of section 13 of this
7224		-	21 chapter, IC 34-12-5, and IC 34-13-3-3, means an injury or harm
7225		-	22 caused by or resulting from:
7226		-	23 (1) the actual, alleged, or possible exposure to or contraction
7227		-	24 of COVID-19; or
7228		-	25 (2) services, treatment, or other actions performed for
7229		-	26 COVID-19.
7230		-	27 (c) The definition under subsection (b) includes:
7231		-	28 (1) the implementation of policies and procedures to:
7232		-	29 (A) prevent or minimize the spread of COVID-19; and
7233		-	30 (B) reallocate or procure staff or resources for COVID-19;
7234		-	31 (2) testing in response to COVID-19;
7235		-	32 (3) monitoring, collecting, reporting, tracking, tracing,
7236		-	33 disclosing, or investigating COVID-19 exposure or other
7237		-	34 COVID-19 related information;
7238		-	35 (4) using, designing, manufacturing, providing, donating, or
7239		-	36 servicing precautionary, diagnostic, collection, or other health
7240		-	37 equipment or supplies, including personal protective
7241		-	38 equipment, for COVID-19;
7242		-	39 (5) closing or partially closing to prevent or minimize the
7243		-	40 spread of COVID-19;
7244		-	41 (6) delaying or modifying the scheduling or performance of a
7245		-	42 nonemergency medical procedure or appointment due to
7246		-	ES 80—LS 6051/DI 112 169
7247		-	1 COVID-19;
7248		-	2 (7) reasonable nonperformance of medical services due to
7249		-	3 COVID-19; and
7250		-	4 (8) providing services or products in response to government
7251		-	5 appeal or repurposing operations to address an urgent need
7252		-	6 for personal protective equipment, sanitation products, or
7253		-	7 other products necessary to protect the public from
7254		-	8 COVID-19.
7255		-	9 Sec. 15. "Armory", for purposes of IC 34-30-8, means an
7256		-	10 armory constructed and operated under IC 10-16-3 or IC 10-16-4.
7257		-	11 Sec. 16. "Asbestos claim", for purposes of IC 34-31-8, has the
7258		-	12 meaning set forth in IC 34-31-8-1.
7259		-	13 Sec. 17. "Assisting sheriff", for purposes of IC 34-47-4, means
7260		-	14 the sheriff of a county other than the county in which a writ of
7261		-	15 attachment has been issued under IC 34-47-4.
7262		-	16 Sec. 18. "Auctioneer", for purposes of IC 34-55-6, means an
7263		-	17 auctioneer licensed under IC 25-6.1.
7264		-	18 Sec. 19. "Authority", for purposes of IC 34-18, has the meaning
7265		-	19 set forth in IC 34-18-2-6.
7266		-	20 Sec. 20. "Authorized persons", for purposes of IC 34-43-1,
7267		-	21 include:
7268		-	22 (1) the patient;
7269		-	23 (2) a person authorized by the patient to request the records,
7270		-	24 if the authorization was made in writing not more than sixty
7271		-	25 (60) days before the date of the request for the records;
7272		-	26 (3) physicians or other professionals within the hospital;
7273		-	27 (4) a person entitled to request health records under
7274		-	28 IC 16-39-1-3;
7275		-	29 (5) a coroner who is investigating a death under IC 36-2-14-6;
7276		-	30 and
7277		-	31 (6) any other person designated by order of a court of
7278		-	32 competent jurisdiction.
7279		-	33 Sec. 21. "Basic life support" has the meaning set forth in
7280		-	34 IC 16-18-2-33.5.
7281		-	35 Sec. 22. "Beverages", for purposes of IC 34-30-8, includes
7282		-	36 alcoholic beverages.
7283		-	37 Sec. 23. "Business", for purposes of IC 34-42, means each
7284		-	38 business, bank, industry, governmental entity, profession,
7285		-	39 occupation, and calling of every kind.
7286		-	40 Sec. 24. "Center", for purposes of IC 34-57-3, means a
7287		-	41 community dispute resolution center or local program that
7288		-	42 provides conciliation, mediation, arbitration, or other dispute
7289		-	ES 80—LS 6051/DI 112 170
7290		-	1 resolution services.
7291		-	2 Sec. 25. "Certified copy of a certificate of title", for purposes of
7292		-	3 IC 34-40-4, means a document that is:
7293		-	4 (1) a copy of a certificate of title for a motor vehicle, by
7294		-	5 whatever name designated, that is issued by the bureau of
7295		-	6 motor vehicles or a governmental entity in another state;
7296		-	7 (2) prepared from a record of the governmental entity issuing
7297		-	8 the certificate of title; and
7298		-	9 (3) certified by the officer having legal custody of the record
7299		-	10 described in subdivision (2) or the officer's deputy.
7300		-	11 Sec. 26. "Charitable entity", for purposes of IC 34-30-5, means
7301		-	12 any entity exempted from state gross retail tax under
7302		-	13 IC 6-2.5-5-25(a)(1)(B).
7303		-	14 Sec. 27. (a) "Child", for purposes of IC 34-23-2, has the meaning
7304		-	15 set forth in IC 34-23-2.
7305		-	16 (b) "Child", for purposes of IC 34-30-11, includes a child of any
7306		-	17 age.
7307		-	18 (c) "Child", for purposes of IC 34-30-29, means an individual
7308		-	19 less than eighteen (18) years of age who does not have the capacity
7309		-	20 to exit a motor vehicle.
7310		-	21 (d) "Child", for purposes of IC 34-31-4, means an
7311		-	22 unemancipated person who is less than eighteen (18) years of age.
7312		-	23 Sec. 28. "Cognovit note", for purposes of IC 34-54-4, means a
7313		-	24 negotiable instrument or other written contract to pay money that
7314		-	25 contains a provision or stipulation:
7315		-	26 (1) giving to any person a power of attorney, or authority as
7316		-	27 attorney, for the maker, endorser, assignor, or other person
7317		-	28 liable on the negotiable instrument or contract, and in the
7318		-	29 name of the maker, endorser, assignor, or other obligor:
7319		-	30 (A) to appear in any court, whether of record or inferior;
7320		-	31 or
7321		-	32 (B) to waive personal service of process;
7322		-	33 in any action to enforce payment of money or any part of the
7323		-	34 money claimed to be due;
7324		-	35 (2) authorizing or purporting to authorize an attorney, agent,
7325		-	36 or other representative, however designated, to confess
7326		-	37 judgment on the instrument for a sum of money when the sum
7327		-	38 is to be ascertained, or the judgment is to be rendered or
7328		-	39 entered otherwise than by action of court upon a hearing after
7329		-	40 personal service upon the debtor, whether with or without
7330		-	41 attorney's fee; or
7331		-	42 (3) authorizing or purporting to authorize an attorney, agent,
7332		-	ES 80—LS 6051/DI 112 171
7333		-	1 or representative to:
7334		-	2 (A) release errors or the right of appeal from any
7335		-	3 judgment; or
7336		-	4 (B) consent to the issuance of execution on the judgment.
7337		-	5 Sec. 29. "College, university, or junior college", for purposes of
7338		-	6 IC 34-18, has the meaning set forth in IC 34-18-2-7.
7339		-	7 Sec. 30. "Commissioner", for purposes of IC 34-18, has the
7340		-	8 meaning set forth in IC 34-18-2-8.
7341		-	9 Sec. 31. "Community health center", for purposes of IC 34-18,
7342		-	10 has the meaning set forth in IC 34-18-2-9.
7343		-	11 Sec. 32. "Community intellectual disability center", for
7344		-	12 purposes of IC 34-18, has the meaning set forth in IC 34-18-2-11.
7345		-	13 Sec. 33. "Community mental health center", for purposes of
7346		-	14 IC 34-18, has the meaning set forth in IC 34-18-2-10.
7347		-	15 Sec. 34. (a) "Compensation", for purposes of section 175 of this
7348		-	16 chapter, does not include payments:
7349		-	17 (1) to reimburse the expenses of a qualified director (as
7350		-	18 defined in section 175 of this chapter); and
7351		-	19 (2) for per diem.
7352		-	20 (b) "Compensation", for purposes of IC 34-30-18, means
7353		-	21 anything of value given as payment for performing a function. The
7354		-	22 term does not include:
7355		-	23 (1) payment for expenses, prizes, or trophies; or
7356		-	24 (2) a payment to an individual of fifteen dollars ($15) or less
7357		-	25 for performing one (1) or more functions during a day.
7358		-	26 (c) "Compensation", for purposes of IC 34-30-19, does not
7359		-	27 include the following:
7360		-	28 (1) Reimbursement or payment of reasonable expenses
7361		-	29 incurred for the benefit of a sports or leisure activity.
7362		-	30 (2) Any award, meal, or other gift that does not exceed one
7363		-	31 hundred dollars ($100) in value and is given as a token of
7364		-	32 appreciation or recognition.
7365		-	33 (3) Any per diem payment that does not exceed fifty dollars
7366		-	34 ($50) for personal services as a referee, umpire, judge, or
7367		-	35 assistant to a referee, umpire, or judge.
7368		-	36 Sec. 35. "Consumer", for purposes of IC 34-20, means:
7369		-	37 (1) a purchaser;
7370		-	38 (2) any individual who uses or consumes the product;
7371		-	39 (3) any other person who, while acting for or on behalf of the
7372		-	40 injured party, was in possession and control of the product in
7373		-	41 question; or
7374		-	42 (4) any bystander injured by the product who would
7375		-	ES 80—LS 6051/DI 112 172
7376		-	1 reasonably be expected to be in the vicinity of the product
7377		-	2 during its reasonably expected use.
7378		-	3 Sec. 36. "Corporation", for purposes of IC 34-31-8, has the
7379		-	4 meaning set forth in IC 34-31-8-2.
7380		-	5 Sec. 37. "Cost of the periodic payments agreement", for
7381		-	6 purposes of IC 34-18-14, has the meaning set forth in
7382		-	7 IC 34-18-14-1.
7383		-	8 Sec. 38. "Costs", for purposes of this article, includes fees.
7384		-	9 Sec. 39. (a) "Court", for purposes of IC 34-51-4, refers to the
7385		-	10 court awarding a judgment.
7386		-	11 (b) "Court", for purposes of IC 34-57-2, has the meaning set
7387		-	12 forth in IC 34-57-2-17.
7388		-	13 Sec. 40. (a) "COVID-19", for purposes of IC 34-30-32, has the
7389		-	14 meaning set forth in IC 34-30-32-3.
7390		-	15 (b) "COVID-19", for purposes of IC 34-30-33, has the meaning
7391		-	16 set forth in IC 34-30-33-2.
7392		-	17 (c) "COVID-19", for purposes of sections 14 and 84 of this
7393		-	18 chapter, IC 34-7-8, IC 34-12-5, IC 34-13-3-3, IC 34-30-13.5-1, and
7394		-	19 IC 34-30-13.5-3, has the meaning set forth in IC 34-30-32-3.
7395		-	20 Sec. 41. "COVID-19 protective product", for purposes of
7396		-	21 IC 34-30-33, has the meaning set forth in IC 34-30-33-2.
7397		-	22 Sec. 42. "Criminal organization", for purposes of section 7 of
7398		-	23 this chapter, has the meaning set forth in IC 35-45-9-1.
7399		-	24 Sec. 43. "Cyber liability" means liability related to use of
7400		-	25 computer systems.
7401		-	26 Sec. 44. "Daily newspaper", for purposes of IC 34-15-4, means
7402		-	27 a newspaper that publishes five (5) or more issues each week.
7403		-	28 Sec. 45. "Debt", for purposes of sections 63, 107, 112, 113, and
7404		-	29 188 of this chapter and IC 34-55-10, means a legally or an
7405		-	30 equitably enforced monetary obligation or liability of an individual
7406		-	31 arising out of contract, tort, or otherwise.
7407		-	32 Sec. 46. "Department", for purposes of IC 34-13-3-7, refers to
7408		-	33 the department of correction.
7409		-	34 Sec. 47. "Disclosure", for purposes of IC 34-21.5, has the
7410		-	35 meaning set forth in IC 34-21.5-2-1.
7411		-	36 Sec. 48. "Distribute", for purposes of IC 34-21.5, has the
7412		-	37 meaning set forth in IC 34-21.5-2-1.
7413		-	38 Sec. 49. "Domestic animal", for purposes of IC 34-30-30, has the
7414		-	39 meaning set forth in IC 34-30-30-1.
7415		-	40 Sec. 50. "Domestic or family violence" means, except for an act
7416		-	41 of self-defense, the occurrence of at least one (1) of the following
7417		-	42 acts committed by a family or household member:
7418		-	ES 80—LS 6051/DI 112 173
7419		-	1 (1) Attempting to cause, threatening to cause, or causing
7420		-	2 physical harm to another family or household member.
7421		-	3 (2) Placing a family or household member in fear of physical
7422		-	4 harm.
7423		-	5 (3) Causing a family or household member to involuntarily
7424		-	6 engage in sexual activity by force, threat of force, or duress.
7425		-	7 (4) Abusing (as described in IC 35-46-3-0.5), torturing (as
7426		-	8 described in IC 35-46-3-0.5), mutilating (as described in
7427		-	9 IC 35-46-3-0.5), or killing a vertebrate animal without
7428		-	10 justification with the intent to threaten, intimidate, coerce,
7429		-	11 harass, or terrorize a family or household member.
7430		-	12 For purposes of IC 34-26-5, domestic and family violence also
7431		-	13 includes stalking (as defined in IC 35-45-10-1) or a sex offense
7432		-	14 under IC 35-42-4, whether or not the stalking or sex offense is
7433		-	15 committed by a family or household member.
7434		-	16 Sec. 51. "Economically feasible", for purposes of IC 34-55-6,
7435		-	17 means a finding by the court that:
7436		-	18 (1) a reasonable probability exists that with the use of
7437		-	19 auctioneer services a valid and enforceable bid will be made
7438		-	20 at the execution for a sale price equal to or greater than the
7439		-	21 amount of the judgment and the costs and expenses necessary
7440		-	22 to its satisfaction, including the costs of the auctioneer; and
7441		-	23 (2) no such probability exists without the use of an auctioneer.
7442		-	24 Sec. 52. "Emergency", for purposes of IC 34-30-6, means an
7443		-	25 occurrence or an imminent threat of an occurrence that involves
7444		-	26 a hazardous substance or compressed gas and that creates the
7445		-	27 possibility of harm to any person, to property, or to the
7446		-	28 environment.
7447		-	29 Sec. 53. "Emergency medical technician", for purposes of
7448		-	30 IC 34-18, has the meaning set forth in IC 34-18-2-12.
7449		-	31 Sec. 54. (a) "Employee" and "public employee", for purposes of
7450		-	32 section 137 of this chapter, IC 34-13-2, IC 34-13-3, IC 34-13-4, and
7451		-	33 IC 34-30-14, mean a person presently or formerly acting on behalf
7452		-	34 of a governmental entity, whether temporarily or permanently or
7453		-	35 with or without compensation, including members of boards,
7454		-	36 committees, commissions, authorities, and other instrumentalities
7455		-	37 of governmental entities, volunteer firefighters (as defined in
7456		-	38 IC 36-8-12-2), and elected public officials.
7457		-	39 (b) The term also includes attorneys at law whether employed
7458		-	40 by the governmental entity as employees or independent
7459		-	41 contractors and physicians licensed under IC 25-22.5 and
7460		-	42 optometrists who provide medical or optical care to confined
7461		-	ES 80—LS 6051/DI 112 174
7462		-	1 offenders (as defined in IC 11-8-1) within the course of their
7463		-	2 employment by or contractual relationship with the department of
7464		-	3 correction. However, the term does not include:
7465		-	4 (1) an independent contractor (other than an attorney at law,
7466		-	5 a physician, or an optometrist described in this section);
7467		-	6 (2) an agent or employee of an independent contractor;
7468		-	7 (3) a person appointed by the governor to an honorary
7469		-	8 advisory or honorary military position; or
7470		-	9 (4) a physician licensed under IC 25-22.5 with regard to a
7471		-	10 claim against the physician for an act or omission occurring
7472		-	11 or allegedly occurring in the physician's capacity as an
7473		-	12 employee of a hospital.
7474		-	13 (c) For purposes of IC 34-13-3 and IC 34-13-4, the term includes
7475		-	14 a person that engages in an act or omission before July 1, 2004, in
7476		-	15 the person's capacity as:
7477		-	16 (1) a contractor under IC 6-1.1-4-32 (repealed);
7478		-	17 (2) an employee acting within the scope of the employee's
7479		-	18 duties for a contractor under IC 6-1.1-4-32 (repealed);
7480		-	19 (3) a subcontractor of the contractor under IC 6-1.1-4-32
7481		-	20 (repealed) that is acting within the scope of the
7482		-	21 subcontractor's duties; or
7483		-	22 (4) an employee of a subcontractor described in subdivision
7484		-	23 (3) that is acting within the scope of the employee's duties.
7485		-	24 Sec. 55. "Enterprise", for purposes of IC 34-24-2, has the
7486		-	25 meaning set forth in IC 35-45-6-1.
7487		-	26 Sec. 56. "Equine", for purposes of IC 34-31-5, means a horse,
7488		-	27 pony, mule, donkey, or hinny.
7489		-	28 Sec. 57. (a) "Equine activity", for purposes of IC 34-31-5,
7490		-	29 includes the following:
7491		-	30 (1) Equine shows, fairs, competitions, performances, or
7492		-	31 parades that involve equines and any of the equine disciplines,
7493		-	32 including dressage, hunter and jumper horse shows, grand
7494		-	33 prix jumping, three (3) day events, combined training, rodeos,
7495		-	34 driving, pulling, cutting, polo, steeplechasing, English and
7496		-	35 western performance riding, endurance trail riding and
7497		-	36 western games, and hunting.
7498		-	37 (2) Equine training or teaching activities.
7499		-	38 (3) Boarding equines.
7500		-	39 (4) Riding, driving, inspecting, or evaluating an equine,
7501		-	40 whether or not monetary consideration or anything of value
7502		-	41 is exchanged.
7503		-	42 (5) Rides, trips, hunts, or other equine activities of any type
7504		-	ES 80—LS 6051/DI 112 175
7505		-	1 (even if informal or impromptu) that are sponsored by an
7506		-	2 equine activity sponsor.
7507		-	3 (6) Placing or replacing horseshoes on an equine.
7508		-	4 (b) The term does not include being a spectator at an equine
7509		-	5 activity.
7510		-	6 Sec. 58. "Equine activity sponsor", for purposes of IC 34-31-5,
7511		-	7 means a person who sponsors, organizes, or provides facilities for
7512		-	8 an equine activity.
7513		-	9 Sec. 59. "Equine professional", for purposes of IC 34-31-5,
7514		-	10 means a person who, for compensation:
7515		-	11 (1) instructs a participant on riding, driving, or being a
7516		-	12 passenger upon an equine;
7517		-	13 (2) rents to a participant an equine for the purpose of riding,
7518		-	14 driving, or being a passenger upon the equine; or
7519		-	15 (3) rents equipment or tack to a participant.
7520		-	16 Sec. 60. (a) "Evaluation of patient care", for purposes of
7521		-	17 IC 34-30-15, relates to:
7522		-	18 (1) the accuracy of diagnosis;
7523		-	19 (2) the propriety, appropriateness, quality, or necessity of
7524		-	20 care rendered by a professional health care provider; and
7525		-	21 (3) the reasonableness of the utilization of services,
7526		-	22 procedures, and facilities in the treatment of individual
7527		-	23 patients.
7528		-	24 (b) The term does not relate to charges for services or to
7529		-	25 methods used in arriving at diagnoses.
7530		-	26 Sec. 61. "Event", for purposes of section 5 of this chapter and
7531		-	27 IC 34-30-22, means:
7532		-	28 (1) a performance;
7533		-	29 (2) a benefit;
7534		-	30 (3) a fundraiser;
7535		-	31 (4) an auction;
7536		-	32 (5) a meal;
7537		-	33 (6) a concert;
7538		-	34 (7) a sporting event;
7539		-	35 (8) a festival;
7540		-	36 (9) a parade;
7541		-	37 (10) a reception;
7542		-	38 (11) a trade show;
7543		-	39 (12) a convention;
7544		-	40 (13) an educational program; or
7545		-	41 (14) another occasion organized by or for a federally tax
7546		-	42 exempt organization.
7547		-	ES 80—LS 6051/DI 112 176
7548		-	1 Sec. 62. "Exempt", for purposes of IC 34-55-10, means
7549		-	2 protected from a judicial lien, process, or proceeding to collect a
7550		-	3 debt.
7551		-	4 Sec. 63. "Exemption", for purposes of IC 34-55-10, means
7552		-	5 protection from a judicial lien, process, or proceeding to collect a
7553		-	6 debt.
7554		-	7 Sec. 64. (a) "Extreme sport area", for purposes of IC 34-13-3,
7555		-	8 means an indoor or outdoor ramp, course, or area specifically
7556		-	9 designated for the exclusive recreational or sporting use of one (1)
7557		-	10 or more types of extreme sport equipment.
7558		-	11 (b) The term does not include property used at any time as a
7559		-	12 public sidewalk, footpath, vehicle parking lot, multiple use trail,
7560		-	13 multiple use greenway, or other public way.
7561		-	14 Sec. 65. "Extreme sport equipment", for purposes of section 64
7562		-	15 of this chapter and IC 34-13-3, means any of the following
7563		-	16 nonmotorized devices:
7564		-	17 (1) Skateboards.
7565		-	18 (2) Roller skates.
7566		-	19 (3) Inline skates.
7567		-	20 (4) Freestyle bicycles.
7568		-	21 (5) Mountain bicycles.
7569		-	22 (6) An apparatus that is:
7570		-	23 (A) wheeled;
7571		-	24 (B) recreational or sporting in nature;
7572		-	25 (C) powered solely by the physical efforts of the user; and
7573		-	26 (D) generally known, as the term is used in Rule 201 of the
7574		-	27 Indiana Rules of Evidence, as an apparatus used for
7575		-	28 extreme sport.
7576		-	29 Sec. 66. "Family law arbitrator", for purposes of IC 34-57-5,
7577		-	30 means:
7578		-	31 (1) an attorney certified as a family law specialist in Indiana
7579		-	32 by an independent certifying organization that is approved
7580		-	33 and monitored under Rule 30 of the Rules for Admission to
7581		-	34 the Bar;
7582		-	35 (2) a private judge qualified under Rule 1.3 of the Indiana
7583		-	36 Supreme Court Rules for Alternative Dispute Resolution;
7584		-	37 (3) an individual who is a former magistrate or commissioner
7585		-	38 of an Indiana court of record; or
7586		-	39 (4) an attorney who is a registered domestic relations
7587		-	40 mediator under Rule 2.5(B) of the Indiana Supreme Court
7588		-	41 Rules for Alternative Dispute Resolution.
7589		-	42 Sec. 67. (a) An individual is a "family or household member" of
7590		-	ES 80—LS 6051/DI 112 177
7591		-	1 another person if the individual:
7592		-	2 (1) is a current or former spouse of the other person;
7593		-	3 (2) is dating or has dated the other person;
7594		-	4 (3) is engaged or was engaged in a sexual relationship with the
7595		-	5 other person;
7596		-	6 (4) is related by blood or adoption to the other person;
7597		-	7 (5) is or was related by marriage to the other person;
7598		-	8 (6) has or previously had an established legal relationship:
7599		-	9 (A) as a guardian of the other person;
7600		-	10 (B) as a ward of the other person;
7601		-	11 (C) as a custodian of the other person;
7602		-	12 (D) as a foster parent of the other person; or
7603		-	13 (E) in a capacity with respect to the other person similar to
7604		-	14 those listed in clauses (A) through (D);
7605		-	15 (7) has a child in common with the other person; or
7606		-	16 (8) has adopted a child of the other person.
7607		-	17 (b) An individual is a "family or household member" of both
7608		-	18 persons to whom subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5),
7609		-	19 (a)(6), (a)(7), or (a)(8) applies if the individual is a minor child of
7610		-	20 one (1) of the persons.
7611		-	21 Sec. 68. (a) "Fault", for purposes of IC 34-20, means an act or
7612		-	22 omission that is negligent, willful, wanton, reckless, or intentional
7613		-	23 toward the person or property of others. The term includes the
7614		-	24 following:
7615		-	25 (1) Unreasonable failure to avoid an injury or to mitigate
7616		-	26 damages.
7617		-	27 (2) A finding under IC 34-20-2 (or IC 33-1-1.5-3 before its
7618		-	28 repeal) that a person is subject to liability for physical harm
7619		-	29 caused by a product, notwithstanding the lack of negligence
7620		-	30 or willful, wanton, or reckless conduct by the manufacturer
7621		-	31 or seller.
7622		-	32 (b) "Fault", for purposes of IC 34-51-2 and IC 34-51-6, includes
7623		-	33 any act or omission that is negligent, willful, wanton, reckless, or
7624		-	34 intentional toward the person or property of others. The term also
7625		-	35 includes unreasonable assumption of risk not constituting an
7626		-	36 enforceable express consent, incurred risk, and unreasonable
7627		-	37 failure to avoid an injury or to mitigate damages.
7628		-	38 Sec. 69. "Fees or other expenses", for purposes of IC 34-52-2,
7629		-	39 include:
7630		-	40 (1) the reasonable expenses of expert witnesses that are found
7631		-	41 by a court under IC 34-52-2 to be necessary for the
7632		-	42 preparation of the petitioner's case;
7633		-	ES 80—LS 6051/DI 112 178
7634		-	1 (2) the reasonable costs of any:
7635		-	2 (A) study;
7636		-	3 (B) analysis;
7637		-	4 (C) engineering report; or
7638		-	5 (D) test project;
7639		-	6 that are found by a court under IC 34-52-2 to be necessary for
7640		-	7 the preparation of the petitioner's case;
7641		-	8 (3) any reasonable discovery expenses, that are found by a
7642		-	9 court under IC 34-52-2 to be necessary for the preparation of
7643		-	10 the petitioner's case; and
7644		-	11 (4) reasonable attorney's fees.
7645		-	12 Sec. 70. "Financial interest", for purposes of IC 34-30-13.5-3,
7646		-	13 means an ownership or investment interest through equity, debt,
7647		-	14 or other means. The term includes an ownership or investment
7648		-	15 interest in an entity that holds, either directly or through a
7649		-	16 subsidiary, an ownership or investment interest.
7650		-	17 Sec. 71. "Fire control or protection equipment", for purposes of
7651		-	18 IC 34-30-10.5, includes vehicles, firefighting tools, protective gear,
7652		-	19 breathing apparatuses, and other supplies, equipment, and tools
7653		-	20 used in firefighting or emergency rescue.
7654		-	21 Sec. 72. "Firearm", for purposes of IC 34-28-7 and IC 34-30-20,
7655		-	22 has the meaning set forth in IC 35-47-1-5.
7656		-	23 Sec. 73. "Food item", for purposes of IC 34-30-5, means any
7657		-	24 item that may be ingested as a normal part of the human diet. The
7658		-	25 term includes food that was prepared for serving by a food source
7659		-	26 (as defined in section 74 of this chapter) but not served by the food
7660		-	27 source.
7661		-	28 Sec. 74. "Food source", for purposes of IC 34-30-5, means any
7662		-	29 of the following:
7663		-	30 (1) A restaurant.
7664		-	31 (2) A cafeteria.
7665		-	32 (3) A hospital.
7666		-	33 (4) A hotel.
7667		-	34 (5) A caterer.
7668		-	35 (6) A public or a private school, or postsecondary educational
7669		-	36 institution.
7670		-	37 (7) A fraternal organization or veterans organization.
7671		-	38 (8) Any other person that prepares and serves food to
7672		-	39 individuals in the ordinary course of that person's business.
7673		-	40 Sec. 75. "Foreign judgment", for purposes of IC 34-54-11,
7674		-	41 means any judgment, decree or order of:
7675		-	42 (1) a court of the United States; or
7676		-	ES 80—LS 6051/DI 112 179
7677		-	1 (2) any other court that is entitled to the full faith and credit
7678		-	2 of Indiana.
7679		-	3 Sec. 76. "Foreign protection order", for purposes of
7680		-	4 IC 34-26-5-17, means a protection order issued by a tribunal of:
7681		-	5 (1) another state; or
7682		-	6 (2) an Indian tribe;
7683		-	7 regardless of whether the protection order was issued in an
7684		-	8 independent proceeding or as part of another criminal or civil
7685		-	9 proceeding.
7686		-	10 Sec. 77. (a) "Governmental entity", for purposes of section 137
7687		-	11 of this chapter, IC 34-13-2, IC 34-13-3, and IC 34-13-4, means the
7688		-	12 state or a political subdivision of the state. For purposes of
7689		-	13 IC 34-13-2, IC 34-13-3, and IC 34-13-4, the term includes a charter
7690		-	14 school.
7691		-	15 (b) "Governmental entity", for purposes of section 149(j) of this
7692		-	16 chapter, means the state or a political subdivision of the state.
7693		-	17 Sec. 78. "Grant recipient", for purposes of IC 34-57-3, means a
7694		-	18 nonprofit corporation or an organization that administers a
7695		-	19 community dispute resolution center under IC 34-57-3.
7696		-	20 Sec. 79. (a) "Gratuitously renders emergency care", for
7697		-	21 purposes of IC 34-30-12-1, means the giving of emergency care
7698		-	22 (including the use of an automatic external defibrillator):
7699		-	23 (1) that was volunteered without legal obligation on the part
7700		-	24 of the person rendering the emergency care; and
7701		-	25 (2) for which the person rendering the emergency care does
7702		-	26 not expect remuneration.
7703		-	27 (b) Emergency care may not be considered to be gratuitously
7704		-	28 rendered emergency care solely because of the failure to send a bill
7705		-	29 for the emergency care.
7706		-	30 Sec. 80. (a) "Harassment", for purposes of IC 34-26-5, means
7707		-	31 conduct directed toward a victim that includes, but is not limited
7708		-	32 to, repeated or continuing impermissible contact:
7709		-	33 (1) that would cause a reasonable person to suffer emotional
7710		-	34 distress; and
7711		-	35 (2) that actually causes the victim to suffer emotional distress.
7712		-	36 (b) "Harassment" does not include statutorily or
7713		-	37 constitutionally protected activity, such as lawful picketing
7714		-	38 pursuant to labor disputes or lawful employer-related activities
7715		-	39 pursuant to labor disputes.
7716		-	40 Sec. 81. "Hazardous substance", for purposes of IC 34-30-6,
7717		-	41 means:
7718		-	42 (1) a material or waste that has been determined to be
7719		-	ES 80—LS 6051/DI 112 180
7720		-	1 hazardous or potentially hazardous to any individual, to
7721		-	2 property, or to the environment by the United States
7722		-	3 Environmental Protection Agency, the federal Nuclear
7723		-	4 Regulatory Commission, the United States Department of
7724		-	5 Transportation, the environmental rules board, or the United
7725		-	6 States Occupational Safety and Health Agency or any agent
7726		-	7 or designee of any of the above mentioned boards, agencies,
7727		-	8 or commission; or
7728		-	9 (2) any substance that may be potentially hazardous to any
7729		-	10 person, to property or to the environment.
7730		-	11 Sec. 82. "Health care", for purposes of IC 34-18, has the
7731		-	12 meaning set forth in IC 34-18-2-13.
7732		-	13 Sec. 83. (a) "Health care provider", for purposes of IC 34-18,
7733		-	14 has the meaning set forth in IC 34-18-2-14.
7734		-	15 (b) "Health care provider", for purposes of IC 34-30-12.5, has
7735		-	16 the meaning set forth in IC 34-30-12.5-2.
7736		-	17 Sec. 84. (a) "Health care services":
7737		-	18 (1) except as provided in subdivision (2), for purposes of
7738		-	19 IC 34-30-13, has the meaning set forth in IC 27-13-1-18(a);
7739		-	20 and
7740		-	21 (2) for purposes of IC 34-30-13-1.2, means only noninvasive
7741		-	22 examinations, treatments, and procedures and the following
7742		-	23 invasive procedures:
7743		-	24 (A) Routine dental services.
7744		-	25 (B) Injections.
7745		-	26 (C) Suturing of minor lacerations.
7746		-	27 (D) Incisions of boils or superficial abscesses.
7747		-	28 The term does not include performance of an abortion,
7748		-	29 including abortion by surgical means, by use of an abortion
7749		-	30 inducing drug, or by prescribing a controlled substance or
7750		-	31 scheduled drug under IC 35-48.
7751		-	32 (b) "Health care services", for purposes of IC 34-30-13.5,
7752		-	33 means:
7753		-	34 (1) any services provided by an individual licensed under:
7754		-	35 (A) IC 25-2.5;
7755		-	36 (B) IC 25-10;
7756		-	37 (C) IC 25-13;
7757		-	38 (D) IC 25-14;
7758		-	39 (E) IC 25-19;
7759		-	40 (F) IC 25-22.5;
7760		-	41 (G) IC 25-23;
7761		-	42 (H) IC 25-23.5;
7762		-	ES 80—LS 6051/DI 112 181
7763		-	1 (I) IC 25-23.6;
7764		-	2 (J) IC 25-24;
7765		-	3 (K) IC 25-26;
7766		-	4 (L) IC 25-27;
7767		-	5 (M) IC 25-27.5;
7768		-	6 (N) IC 25-29;
7769		-	7 (O) IC 25-33;
7770		-	8 (P) IC 25-34.5; or
7771		-	9 (Q) IC 25-35.6;
7772		-	10 (2) services provided as the result of hospitalization, to an
7773		-	11 individual admitted to a health facility licensed under
7774		-	12 IC 16-28, or to a person residing in a housing with services
7775		-	13 establishment (as defined by IC 12-10-15-3);
7776		-	14 (3) services incidental to the furnishing of services described
7777		-	15 in subdivision (1) or (2);
7778		-	16 (4) any services by individuals:
7779		-	17 (A) licensed as paramedics;
7780		-	18 (B) certified as advanced emergency medical technicians;
7781		-	19 or
7782		-	20 (C) certified as emergency medical technicians under
7783		-	21 IC 16-31;
7784		-	22 (5) any services provided by individuals certified as
7785		-	23 emergency medical responders under IC 16-31;
7786		-	24 (6) any services provided by certified health care
7787		-	25 professionals who are registered with the Indiana department
7788		-	26 of health, including:
7789		-	27 (A) certified nurse aides certified under IC 16-28-1-11;
7790		-	28 (B) qualified medication aides certified under
7791		-	29 IC 16-28-1-11; and
7792		-	30 (C) home health aides registered under rules adopted
7793		-	31 under IC 16-27-1-7;
7794		-	32 (7) any services provided by unlicensed health care
7795		-	33 professionals who have successfully completed any applicable
7796		-	34 training required by the Indiana department of health;
7797		-	35 (8) any services provided by health care volunteers who are
7798		-	36 permitted to practice during an event that is declared a
7799		-	37 disaster emergency under IC 10-14-3-12 to respond to
7800		-	38 COVID-19;
7801		-	39 (9) any services provided by individuals with provisional or
7802		-	40 temporary licenses who are permitted to practice during an
7803		-	41 event that is declared a disaster emergency under
7804		-	42 IC 10-14-3-12 to respond to COVID-19; or
7805		-	ES 80—LS 6051/DI 112 182
7806		-	1 (10) any other services or goods furnished for the purpose of
7807		-	2 preventing, alleviating, curing, or healing human illness,
7808		-	3 physical disability, or injury.
7809		-	4 Sec. 85. "Health facility", for purposes of IC 34-18, has the
7810		-	5 meaning set forth in IC 34-18-2-15.
7811		-	6 Sec. 86. "Hitchhiker", for purposes of IC 34-30-11, means a
7812		-	7 passenger who has solicited a ride in violation of IC 9-21-17-16.
7813		-	8 Sec. 87. "Homeowners association", for purposes of section 175
7814		-	9 of this chapter, means a corporation or other entity that:
7815		-	10 (1) is organized and operated exclusively for the benefit of two
7816		-	11 (2) or more persons who each own a dwelling in fee simple;
7817		-	12 and
7818		-	13 (2) acts, in accordance with the articles, bylaws, and other
7819		-	14 documents governing the entity, to:
7820		-	15 (A) acquire, transfer, manage, repair, maintain, or engage
7821		-	16 in construction on or in the land and improvements on the
7822		-	17 land related to the use of the dwellings owned by the
7823		-	18 members of the corporation;
7824		-	19 (B) purchase insurance to cover a casualty or an activity
7825		-	20 on or in the land and improvements on the land;
7826		-	21 (C) engage in an activity incidental to an activity described
7827		-	22 in clause (A) or (B); or
7828		-	23 (D) engage in more than one (1) of the activities described
7829		-	24 in clauses (A) through (C).
7830		-	25 Sec. 88. "Hospital", for purposes of IC 34-18, has the meaning
7831		-	26 set forth in IC 34-18-2-16.
7832		-	27 Sec. 89. "Hospital medical record", for purposes of IC 34-43-1,
7833		-	28 means the hospital's clinical record maintained on each hospital
7834		-	29 patient as provided in IC 16-18-2-168.
7835		-	30 Sec. 90. "Ice skater", for purposes of IC 34-31-6.5, means a
7836		-	31 person, including an invitee, who wears ice skates while in an ice
7837		-	32 skating rink for the purpose of recreational or competitive ice
7838		-	33 skating, whether or not the person pays consideration for entrance
7839		-	34 to the skating rink.
7840		-	35 Sec. 91. "Ice skating rink", for purposes of IC 34-31-6.5, means
7841		-	36 a building, facility, or other property where an area specifically
7842		-	37 designed for use for recreational or competitive ice skating is
7843		-	38 present.
7844		-	39 Sec. 92. "Illegal drug", for purposes of IC 34-24-4, means a drug
7845		-	40 that is illegal to distribute under state law.
7846		-	41 Sec. 93. "Illegal drug market", for purposes of IC 34-24-4,
7847		-	42 means the support system of illegal drug related operations, from
7848		-	ES 80—LS 6051/DI 112 183
7849		-	1 production to retail sales, through which an illegal drug reaches a
7850		-	2 drug user.
7851		-	3 Sec. 94. "Illegal drug market target community", for purposes
7852		-	4 of IC 34-24-4, means the following areas where a person
7853		-	5 participates in the illegal drug market:
7854		-	6 (1) The county in which the person's place of participation is
7855		-	7 located if the person violates a statute concerning possession
7856		-	8 or dealing of an illegal drug that is punishable as a Level 6
7857		-	9 felony.
7858		-	10 (2) The county described in subdivision (1) plus all counties
7859		-	11 with a border contiguous to the county if the person violates
7860		-	12 a statute concerning possession or dealing of an illegal drug
7861		-	13 that is punishable as a Level 5 felony.
7862		-	14 (3) The counties described in subdivision (2) plus all counties
7863		-	15 with a border contiguous to those counties if the person
7864		-	16 violates a statute concerning possession or dealing of an illegal
7865		-	17 drug that is punishable as a Level 3 or Level 4 felony.
7866		-	18 (4) Indiana if the person violates a statute in Indiana
7867		-	19 concerning possession or dealing of an illegal drug that is
7868		-	20 punishable as a Level 1 or Level 2 felony.
7869		-	21 Sec. 95. "In good faith", for purposes of IC 34-13-3 and
7870		-	22 IC 34-30-15, refers to an act taken:
7871		-	23 (1) without malice;
7872		-	24 (2) after a reasonable effort to obtain the facts of the matter;
7873		-	25 and
7874		-	26 (3) in the reasonable belief that the action taken is warranted
7875		-	27 by the facts known.
7876		-	28 Sec. 96. "Incapacitated", for purposes of IC 34-13-3, has the
7877		-	29 meaning set forth in IC 29-3-1-7.5.
7878		-	30 Sec. 97. "Indian tribe", for purposes of sections 76, 106, and 170
7879		-	31 of this chapter and IC 34-26-5-17, means an Indian:
7880		-	32 (1) tribe;
7881		-	33 (2) band;
7882		-	34 (3) pueblo;
7883		-	35 (4) nation; or
7884		-	36 (5) organized group or community, including an Alaska
7885		-	37 Native village or regional or village corporation as defined in
7886		-	38 or established under the Alaska Native Claims Settlement Act
7887		-	39 (43 U.S.C. 1601 et seq.);
7888		-	40 that is recognized as eligible for the special programs and services
7889		-	41 provided by the United States to Indians because of their special
7890		-	42 status as Indians.
7891		-	ES 80—LS 6051/DI 112 184
7892		-	1 Sec. 98. "Individual drug user", for purposes of IC 34-24-4,
7893		-	2 means an individual whose illegal drug use is the basis of an action
7894		-	3 brought under IC 34-24-4 (or IC 34-1-70 before its repeal).
7895		-	4 Sec. 99. "Inherent risks of agritourism activities", for the
7896		-	5 purposes of IC 34-31-9, has the meaning set forth in IC 34-31-9-4.
7897		-	6 Sec. 100. "Inherent risks of equine activities", for purposes of
7898		-	7 IC 34-31-5, means the dangers or conditions that are an integral
7899		-	8 part of equine activities, including the following:
7900		-	9 (1) The propensity of an equine to behave in ways that may
7901		-	10 result in injury, harm, or death to persons on or around the
7902		-	11 equine.
7903		-	12 (2) The unpredictability of an equine's reaction to such things
7904		-	13 as sound, sudden movement, unfamiliar objects, people, or
7905		-	14 other animals.
7906		-	15 (3) Hazards such as surface and subsurface conditions.
7907		-	16 (4) Collisions with other equines or objects.
7908		-	17 (5) The potential of a participant to act in a negligent manner
7909		-	18 that may contribute to injury to the participant or others,
7910		-	19 such as failing to maintain control over the animal or not
7911		-	20 acting within the participant's ability.
7912		-	21 Sec. 101. "Innocent successor corporation", for purposes of
7913		-	22 IC 34-31-8, has the meaning set forth in IC 34-31-8-3.
7914		-	23 Sec. 102. "Insured", for purposes of IC 34-53, means a person
7915		-	24 insured by an insurer.
7916		-	25 Sec. 103. (a) "Insurer", for purposes of IC 34-18, has the
7917		-	26 meaning set forth in IC 34-18-2-17.
7918		-	27 (b) "Insurer", for purposes of IC 34-53, has the meaning set
7919		-	28 forth in IC 27-1-2-3.
7920		-	29 Sec. 104. "Interested party", for purposes of IC 34-50-2, has the
7921		-	30 meaning set forth in IC 34-50-2-1.
7922		-	31 Sec. 105. "Intimate image", for purposes of IC 34-21.5, has the
7923		-	32 meaning set forth in IC 34-21.5-2-1.
7924		-	33 Sec. 106. "Issuing state or Indian tribe", for purposes of
7925		-	34 IC 34-26-5-17, means the state or Indian tribe whose tribunal
7926		-	35 issues a protection order.
7927		-	36 Sec. 107. "Judicial lien", for purposes of sections 63 and 113 of
7928		-	37 this chapter, means a lien on property obtained by a judgment,
7929		-	38 levy, or another legal or equitable process or proceeding instituted
7930		-	39 to collect a debt.
7931		-	40 Sec. 108. "Land", for the purposes of IC 34-31-9, has the
7932		-	41 meaning set forth in IC 34-31-9-5.
7933		-	42 Sec. 109. "Law", as for example "the law relating to other civil
7934		-	ES 80—LS 6051/DI 112 185
7935		-	1 actions", for purposes of IC 34-13-5, means the statutes, including
7936		-	2 but not limited to IC 34-13-5 (and IC 34-4-17 before its repeal), and
7937		-	3 any applicable rules of the Indiana supreme court on any subject.
7938		-	4 Sec. 110. "Law enforcement costs", for purposes of IC 34-24-1,
7939		-	5 means:
7940		-	6 (1) expenses incurred by the law enforcement agency that
7941		-	7 makes a seizure under IC 34-24-1 (or IC 34-4-30.1 before its
7942		-	8 repeal) for the criminal investigation associated with the
7943		-	9 seizure;
7944		-	10 (2) repayment of the investigative fund of the law enforcement
7945		-	11 agency that makes a seizure under IC 34-24-1 to the extent
7946		-	12 that the agency can specifically identify any part of the money
7947		-	13 as having been expended from the fund; and
7948		-	14 (3) expenses of the prosecuting attorney associated with the
7949		-	15 costs of proceedings associated with the seizure and the
7950		-	16 offenses related to the seizure.
7951		-	17 Sec. 111. "Law enforcement officer", for purposes of
7952		-	18 IC 34-26-5, has the meaning set forth in IC 35-31.5-2-185.
7953		-	19 Sec. 112. "Levy", for purposes of section 107 of this chapter and
7954		-	20 IC 34-55-10, means the seizure of property under a writ of
7955		-	21 attachment, a garnishment, an execution, or a similar legal or
7956		-	22 equitable process issued to collect a debt.
7957		-	23 Sec. 113. "Lien", for purposes of section 107 of this chapter and
7958		-	24 IC 34-55-10, means a security interest, judicial lien, statutory lien,
7959		-	25 common law lien, or another interest in property to secure the
7960		-	26 payment of a debt or the performance of an obligation.
7961		-	27 Sec. 114. "Lifetime sex or violent offender", for purposes of
7962		-	28 IC 34-28-2, has the meaning set forth in IC 34-28-2-1.5.
7963		-	29 Sec. 115. "Livestock", for purposes of IC 34-30-5, means any
7964		-	30 animal or fowl raised for commercial purposes.
7965		-	31 Sec. 116. "Local law enforcement authority", for purposes of
7966		-	32 IC 34-28-2, has the meaning set forth in IC 34-28-2-1.5.
7967		-	33 Sec. 117. (a) "Loss", for purposes of IC 34-13-3, means injury
7968		-	34 to or death of a person or damage to property.
7969		-	35 (b) "Loss", for purposes of IC 34-30-6, means injury to or death
7970		-	36 of a human being or damage to property or to the environment.
7971		-	37 Sec. 118. "Malpractice", for purposes of IC 34-18, has the
7972		-	38 meaning set forth in IC 34-18-2-18.
7973		-	39 Sec. 119. (a) "Manufacturer", for purposes of IC 34-20, means
7974		-	40 a person or an entity who designs, assembles, fabricates, produces,
7975		-	41 constructs, or otherwise prepares a product or a component part
7976		-	42 of a product before the sale of the product to a user or consumer.
7977		-	ES 80—LS 6051/DI 112 186
7978		-	1 "Manufacturer" includes a seller who:
7979		-	2 (1) has actual knowledge of a defect in a product;
7980		-	3 (2) creates and furnishes a manufacturer with specifications
7981		-	4 relevant to the alleged defect for producing the product or
7982		-	5 who otherwise exercises some significant control over all or a
7983		-	6 portion of the manufacturing process;
7984		-	7 (3) alters or modifies the product in any significant manner
7985		-	8 after the product comes into the seller's possession and before
7986		-	9 it is sold to the ultimate user or consumer;
7987		-	10 (4) is owned in whole or significant part by the manufacturer;
7988		-	11 or
7989		-	12 (5) owns in whole or significant part the manufacturer.
7990		-	13 (b) A seller who discloses the name of the actual manufacturer
7991		-	14 of a product is not a manufacturer under this section merely
7992		-	15 because the seller places or has placed a private label on a product.
7993		-	16 Sec. 120. "Manufacturer or supplier", for purposes of
7994		-	17 IC 34-30-33, has the meaning set forth in IC 34-30-33-2.
7995		-	18 Sec. 121. "Mediation", for purposes of IC 34-57-3, means a
7996		-	19 process where at least two (2) disputing parties choose to be guided
7997		-	20 to a mutually agreeable solution with the aid of a mediator.
7998		-	21 Sec. 122. "Mediator", for purposes of IC 34-57-3, means a
7999		-	22 neutral and impartial person who assists in the resolution of a
8000		-	23 dispute through the mediation process.
8001		-	24 Sec. 123. "Mental health service provider", for purposes of
8002		-	25 IC 34-30-16, means any of the following:
8003		-	26 (1) A physician licensed under IC 25-22.5.
8004		-	27 (2) A hospital licensed under IC 16-21.
8005		-	28 (3) A private institution licensed under IC 12-25.
8006		-	29 (4) A psychologist licensed under IC 25-33.
8007		-	30 (5) A school psychologist licensed by the Indiana state board
8008		-	31 of education.
8009		-	32 (6) A postsecondary educational institution counseling center
8010		-	33 under the direction of a licensed psychologist, physician, or
8011		-	34 mental health professional.
8012		-	35 (7) A registered nurse or licensed practical nurse licensed
8013		-	36 under IC 25-23.
8014		-	37 (8) A clinical social worker licensed under IC 25-23.6-5-2.
8015		-	38 (9) A partnership, a limited liability company, a corporation,
8016		-	39 or a professional corporation (as defined in IC 23-1.5-1-10)
8017		-	40 whose partners, members, or shareholders are mental health
8018		-	41 service providers described in subdivisions (1) through (6).
8019		-	42 (10) A community mental health center (as defined in
8020		-	ES 80—LS 6051/DI 112 187
8021		-	1 IC 12-7-2-38).
8022		-	2 (11) A program for the treatment, care, or rehabilitation of
8023		-	3 alcohol abusers or drug abusers that is:
8024		-	4 (A) certified under IC 12-23-1-6; or
8025		-	5 (B) created and funded under IC 12-23-14 or IC 33-23-16.
8026		-	6 (12) A state institution (as defined in IC 12-7-2-184).
8027		-	7 (13) A provider (as defined in IC 12-7-2-149.1(5)).
8028		-	8 Sec. 124. "Migrant health center", for purposes of IC 34-18, has
8029		-	9 the meaning set forth in IC 34-18-2-20.
8030		-	10 Sec. 125. "Military base", for purposes of IC 34-30-21, means
8031		-	11 a United States or an Indiana government military installation
8032		-	12 that:
8033		-	13 (1) has an area of at least sixty thousand (60,000) acres and is
8034		-	14 used for the design, construction, maintenance, and testing of
8035		-	15 electronic devices and ordnance;
8036		-	16 (2) has an area of at least nine hundred (900) acres and serves
8037		-	17 as an urban training center for military units, civilian
8038		-	18 personnel, and first responders; or
8039		-	19 (3) has an area of at least five thousand (5,000) acres and
8040		-	20 serves as a joint training center for active and reserve
8041		-	21 components of the armed forces of the United States.
8042		-	22 Sec. 126. "Minor", for purposes of IC 34-28-3, means a person
8043		-	23 less than eighteen (18) years of age.
8044		-	24 Sec. 127. "Monetary consideration", for the purposes of
8045		-	25 IC 34-31-9, has the meaning set forth in IC 34-31-9-6.
8046		-	26 Sec. 128. (a) "Motor vehicle", for purposes of IC 34-30-29.2 and
8047		-	27 IC 34-40-4, has the meaning set forth in IC 9-13-2-105(a).
8048		-	28 (b) "Motor vehicle", for purposes of IC 34-30-30, has the
8049		-	29 meaning set forth in IC 34-30-30-2.
8050		-	30 Sec. 129. "Moving traffic violation", for purposes of IC 34-28-5,
8051		-	31 means a violation of:
8052		-	32 (1) a statute defining an infraction; or
8053		-	33 (2) an ordinance;
8054		-	34 that applies when a motor vehicle is in motion.
8055		-	35 Sec. 130. "Municipal corporation", for purposes of IC 34-13-5,
8056		-	36 means:
8057		-	37 (1) a:
8058		-	38 (A) local subdivision of the state; or
8059		-	39 (B) public instrumentality or public corporate body
8060		-	40 created by state law;
8061		-	41 including but not limited to cities, towns, townships, counties,
8062		-	42 school corporations, special taxing districts, conservancy
8063		-	ES 80—LS 6051/DI 112 188
8064		-	1 districts, and any other local public instrumentality or
8065		-	2 corporation that has the right to sue and be sued;
8066		-	3 (2) a corporate or other entity that leases a public
8067		-	4 improvement to a municipal corporation; or
8068		-	5 (3) the governing body of a municipal corporation and its
8069		-	6 members and officers in their official capacity.
8070		-	7 Sec. 131. "News service", for purposes of IC 34-15-4, means an
8071		-	8 entity that is either a membership association or a corporation with
8072		-	9 subscribers that:
8073		-	10 (1) gathers and transmits news to its members or subscribers;
8074		-	11 and
8075		-	12 (2) maintains an office in Indiana.
8076		-	13 Sec. 132. "Noneconomic damages", for purposes of
8077		-	14 IC 34-30-29.2, has the meaning set forth in IC 34-30-29.2-2.
8078		-	15 Sec. 133. "Nonparty", for purposes of IC 34-51-2, means a
8079		-	16 person who caused or contributed to cause the alleged injury,
8080		-	17 death, or damage to property but who has not been joined in the
8081		-	18 action as a defendant.
8082		-	19 Sec. 134. "Nonprofit religious organization", for purposes of
8083		-	20 IC 34-31-7, means an organization, a church, a body of
8084		-	21 communicants, or a group organized primarily for religious
8085		-	22 purposes and not for pecuniary profit that:
8086		-	23 (1) operates:
8087		-	24 (A) under Section 501 of the Internal Revenue Code or the
8088		-	25 Section 501 nonprofit status of the parent organization of
8089		-	26 the organization, church, body of communicants, or group;
8090		-	27 and
8091		-	28 (B) under a constitution, a charter, an article, or a bylaw
8092		-	29 containing a clause that provides that upon dissolution, all
8093		-	30 remaining assets must:
8094		-	31 (i) be used for nonprofit religious purposes; or
8095		-	32 (ii) revert to the parent organization for nonprofit
8096		-	33 religious purposes; or
8097		-	34 (2) operates as a place of worship and is recognized as a
8098		-	35 nonprofit organization by the Internal Revenue Service.
8099		-	36 Sec. 135. (a) "Offender", for purposes of IC 34-13-3-7, means a
8100		-	37 person who is committed to the department of correction or was
8101		-	38 committed to the department of correction.
8102		-	39 (b) "Offender", for purposes of IC 34-58, means a person who
8103		-	40 is committed to the department of correction or incarcerated in a
8104		-	41 jail.
8105		-	42 Sec. 136. "Offeror", for purposes of IC 34-50, means a party to
8106		-	ES 80—LS 6051/DI 112 189
8107		-	1 a civil action who makes a qualified settlement offer (as defined in
8108		-	2 section 176 of this chapter) to a recipient (as defined in section 177
8109		-	3 of this chapter) who is an opposing party in the civil action.
8110		-	4 Sec. 137. (a) "Operator", for purposes of IC 34-30-3, means a
8111		-	5 person who is an owner, a lessee, a tenant, or an occupant of land
8112		-	6 or premises that are used in the production of agricultural
8113		-	7 products.
8114		-	8 (b) "Operator", for purposes of IC 34-31-6, means a person or
8115		-	9 an entity, other than a governmental entity or an employee of a
8116		-	10 governmental entity, that owns, manages, controls, directs, or has
8117		-	11 operational responsibility for a roller skating rink.
8118		-	12 (c) "Operator", for purposes of IC 34-31-6.5, means an
8119		-	13 approved postsecondary educational institution (as defined in
8120		-	14 IC 21-7-13-6) that owns, manages, controls, directs, or has
8121		-	15 operational responsibility for an ice skating rink.
8122		-	16 (d) "Operator", for purposes of IC 34-31-11.4, means an:
8123		-	17 (1) elementary school (as defined under IC 20-18-2-4);
8124		-	18 (2) approved secondary school (as defined under
8125		-	19 IC 21-12-1-5); or
8126		-	20 (3) approved postsecondary school (as defined under
8127		-	21 IC 21-7-13-6);
8128		-	22 that owns, manages, controls, directs, or has operational
8129		-	23 responsibility for a recreational facility.
8130		-	24 Sec. 138. "Paramedic", for purposes of IC 34-18, has the
8131		-	25 meaning set forth in IC 34-18-2-21.
8132		-	26 Sec. 139. (a) "Parents", for purposes of IC 34-28-3, means:
8133		-	27 (1) the child's birth mother and father who:
8134		-	28 (A) is listed as the father on the birth certificate;
8135		-	29 (B) is presumed by law under IC 31-14-7 to be the child's
8136		-	30 father; or
8137		-	31 (C) has established paternity with a court order;
8138		-	32 (2) in the case of adoption, the adopting father and mother of
8139		-	33 a child;
8140		-	34 (3) where custody of a child has been awarded in a court
8141		-	35 proceeding to someone other than the mother or father, the
8142		-	36 court appointed guardian or custodian of the child;
8143		-	37 (4) where the child's parents are divorced, the parent to whom
8144		-	38 the divorce decree or modification awards physical custody or
8145		-	39 control of the child; or
8146		-	40 (5) if the child's parents are living apart, the parent to whom
8147		-	41 physical custody or control of the child has been awarded by
8148		-	42 a court order.
8149		-	ES 80—LS 6051/DI 112 190
8150		-	1 (b) The term does not include a natural or adopting parent who
8151		-	2 has given written consent for the child to be adopted by another (if
8152		-	3 the child has been adopted by another), nor does the term include
8153		-	4 a child's parent who has lost custody of the child under subsection
8154		-	5 (a)(3), (a)(4), or (a)(5).
8155		-	6 Sec. 140. "Partially emancipated minor", for purposes of
8156		-	7 IC 34-28-3, means a minor who has been given certain limited
8157		-	8 authority to contract under IC 34-28-3.
8158		-	9 Sec. 141. (a) "Participant", for purposes of IC 34-31-5, means
8159		-	10 a person, whether an amateur or a professional, who engages in an
8160		-	11 equine activity, whether or not a fee is paid to participate in the
8161		-	12 equine activity.
8162		-	13 (b) "Participant", for purposes of IC 34-31-9, has the meaning
8163		-	14 set forth in 34-31-9-7.
8164		-	15 Sec. 142. "Participate", for purposes of IC 34-28-3, means any
8165		-	16 action a person takes:
8166		-	17 (1) according to license or authority of the entity that
8167		-	18 sanctions a professional automobile or motorcycle racing
8168		-	19 event; or
8169		-	20 (2) by direction or authority of the race organizer of a
8170		-	21 sanctioned event;
8171		-	22 including participation as a driver, mechanic, pit crew member, or
8172		-	23 unpaid volunteer in and around the pit and race track area.
8173		-	24 Sec. 143. (a) "Participate in the illegal drug market", for
8174		-	25 purposes of IC 34-24-4, means to:
8175		-	26 (1) distribute;
8176		-	27 (2) possess with an intent to distribute;
8177		-	28 (3) commit an act intended to facilitate the marketing or
8178		-	29 distribution of; or
8179		-	30 (4) agree to distribute;
8180		-	31 an illegal drug.
8181		-	32 (b) The term does not include the purchase or receipt of an
8182		-	33 illegal drug for personal use only.
8183		-	34 Sec. 144. "Patient", for purposes of IC 34-18, has the meaning
8184		-	35 set forth in IC 34-18-2-22.
8185		-	36 Sec. 145. (a) "Peer review committee", for purposes of
8186		-	37 IC 34-30-15, means a committee that:
8187		-	38 (1) has the responsibility of evaluation of:
8188		-	39 (A) qualifications of professional health care providers;
8189		-	40 (B) patient care rendered by professional health care
8190		-	41 providers; or
8191		-	42 (C) the merits of a complaint against a professional health
8192		-	ES 80—LS 6051/DI 112 191
8193		-	1 care provider that includes a determination or
8194		-	2 recommendation concerning the complaint, and the
8195		-	3 complaint is based on the competence or professional
8196		-	4 conduct of an individual health care provider, whose
8197		-	5 competence or conduct affects or could affect adversely the
8198		-	6 health or welfare of a patient or patients; and
8199		-	7 (2) meets the following criteria:
8200		-	8 (A) The committee is organized:
8201		-	9 (i) by a state, regional, or local organization of
8202		-	10 professional health care providers or by a nonprofit
8203		-	11 foundation created by the professional organization for
8204		-	12 purposes of improvement of patient care;
8205		-	13 (ii) by the professional staff of a hospital, another health
8206		-	14 care facility, a nonprofit health care organization (under
8207		-	15 section 165(23) of this chapter), a professional health
8208		-	16 care organization, or a medical school located in
8209		-	17 Indiana;
8210		-	18 (iii) by state or federal law or regulation;
8211		-	19 (iv) by a governing board of a hospital, a nonprofit
8212		-	20 health care organization (under section 165(23) of this
8213		-	21 chapter), or professional health care organization;
8214		-	22 (v) as a governing board or committee of the board of a
8215		-	23 hospital, a nonprofit health care organization (under
8216		-	24 section 165(23) of this chapter), or professional health
8217		-	25 care organization;
8218		-	26 (vi) by an organization, a plan, or a program described
8219		-	27 in section 165(16) through 165(17) of this chapter;
8220		-	28 (vii) as a hospital or a nonprofit health care organization
8221		-	29 (under section 165(23) of this chapter) medical staff or a
8222		-	30 section of that staff;
8223		-	31 (viii) as a governing board or committee of the board of
8224		-	32 a professional health care provider (as defined in section
8225		-	33 165(16) through 165(17) of this chapter); or
8226		-	34 (ix) by a perinatal center described in IC 16-21-13.
8227		-	35 (B) At least fifty percent (50%) of the committee members
8228		-	36 are:
8229		-	37 (i) individual professional health care providers, the
8230		-	38 governing board of a hospital, the governing board of a
8231		-	39 nonprofit health care organization (under section
8232		-	40 165(23) of this chapter), or professional health care
8233		-	41 organization, or the governing board or a committee of
8234		-	42 the board of a professional health care provider (as
8235		-	ES 80—LS 6051/DI 112 192
8236		-	1 defined in section 165(16) through 165(17) of this
8237		-	2 chapter); or
8238		-	3 (ii) individual professional health care providers and the
8239		-	4 committee is organized as an interdisciplinary committee
8240		-	5 to conduct evaluation of patient care services.
8241		-	6 (b) However, "peer review committee" does not include a
8242		-	7 medical review panel created under IC 34-18-10 (or IC 27-12-10
8243		-	8 before its repeal).
8244		-	9 Sec. 146. "Performance", for purposes of IC 34-30-4, means the
8245		-	10 acts of a qualified director pertaining to the setting of policy and
8246		-	11 the controlling or overseeing of the activities or functional
8247		-	12 responsibilities of the entity served by the qualified director.
8248		-	13 Sec. 147. "Period of illegal drug use", for purposes of
8249		-	14 IC 34-24-4, means the time:
8250		-	15 (1) of an individual drug user's first use of an illegal drug to
8251		-	16 the accrual of the cause of action under this chapter; and
8252		-	17 (2) that is presumed to begin two (2) years before the cause of
8253		-	18 action accrues unless a defendant in the action proves
8254		-	19 otherwise by clear and convincing evidence.
8255		-	20 Sec. 148. "Periodic payments agreement", for purposes of
8256		-	21 IC 34-18-14, has the meaning set forth in IC 34-18-14-2.
8257		-	22 Sec. 149. (a) "Person", for purposes of IC 34-14, has the
8258		-	23 meaning set forth in IC 34-14-1-13.
8259		-	24 (b) "Person", for purposes of IC 34-11-2-11.5 and IC 34-24-4,
8260		-	25 means:
8261		-	26 (1) an individual;
8262		-	27 (2) a governmental entity;
8263		-	28 (3) a corporation;
8264		-	29 (4) a firm;
8265		-	30 (5) a trust;
8266		-	31 (6) a partnership; or
8267		-	32 (7) an incorporated or unincorporated association that exists
8268		-	33 under or is authorized by the laws of this state, another state,
8269		-	34 or a foreign country.
8270		-	35 (c) "Person", for purposes of section 67 of this chapter and
8271		-	36 IC 34-30-29-1, means an adult or a minor.
8272		-	37 (d) "Person", for purposes of IC 34-26-4, has the meaning set
8273		-	38 forth in IC 35-31.5-2-234.
8274		-	39 (e) "Person", for purposes of IC 34-30-5, means any of the
8275		-	40 following:
8276		-	41 (1) An individual.
8277		-	42 (2) A corporation.
8278		-	ES 80—LS 6051/DI 112 193
8279		-	1 (3) A partnership.
8280		-	2 (4) An unincorporated association.
8281		-	3 (5) The state (as defined in section 193 of this chapter).
8282		-	4 (6) A political subdivision (as defined in section 155 of this
8283		-	5 chapter).
8284		-	6 (7) Any other entity recognized by law.
8285		-	7 (f) "Person", for purposes of IC 34-30-6, means an individual,
8286		-	8 a corporation, a limited liability company, a partnership, an
8287		-	9 unincorporated association, or a governmental entity that:
8288		-	10 (1) has qualifications or experience in:
8289		-	11 (A) storing, transporting, or handling a hazardous
8290		-	12 substance or compressed gas;
8291		-	13 (B) fighting fires;
8292		-	14 (C) emergency rescue; or
8293		-	15 (D) first aid care; or
8294		-	16 (2) is otherwise qualified to provide assistance appropriate to
8295		-	17 remedy or contribute to the remedy of the emergency.
8296		-	18 (g) "Person", for purposes of IC 34-30-18, includes:
8297		-	19 (1) an individual;
8298		-	20 (2) an incorporated or unincorporated organization or
8299		-	21 association;
8300		-	22 (3) the State of Indiana;
8301		-	23 (4) a political subdivision (as defined in IC 36-1-2-13);
8302		-	24 (5) an agency of the state or a political subdivision; or
8303		-	25 (6) a group of such persons acting in concert.
8304		-	26 (h) "Person", for purposes of sections 58, 59, 100, and 141of this
8305		-	27 chapter, means an individual, an incorporated or unincorporated
8306		-	28 organization or association, or a group of such persons acting in
8307		-	29 concert.
8308		-	30 (i) "Person", for purposes of IC 34-30-10.5, means the
8309		-	31 following:
8310		-	32 (1) A political subdivision (as defined in IC 36-1-2-13).
8311		-	33 (2) A volunteer fire department (as defined in IC 36-8-12-2).
8312		-	34 (3) An employee of an entity described in subdivision (1) or (2)
8313		-	35 who acts within the scope of the employee's responsibilities.
8314		-	36 (4) A volunteer firefighter (as defined in IC 36-8-12-2) who is
8315		-	37 acting for a volunteer fire department.
8316		-	38 (5) A corporation, a limited liability company, a partnership,
8317		-	39 an unincorporated association, or any other entity recognized
8318		-	40 by law.
8319		-	41 (j) "Person", for purposes of IC 34-28-7, means:
8320		-	42 (1) an individual;
8321		-	ES 80—LS 6051/DI 112 194
8322		-	1 (2) a governmental entity;
8323		-	2 (3) a corporation;
8324		-	3 (4) a firm;
8325		-	4 (5) a trust;
8326		-	5 (6) a partnership; or
8327		-	6 (7) an incorporated or unincorporated association that exists
8328		-	7 under or is authorized by the laws of this state, another state,
8329		-	8 or a foreign country.
8330		-	9 (k) "Person", for purposes of IC 34-31-9, has the meaning set
8331		-	10 forth in IC 34-31-9-8.
8332		-	11 (l) "Person", for purposes of IC 34-30-32, has the meaning set
8333		-	12 forth in IC 34-30-32-4.
8334		-	13 Sec. 150. "Personnel of a peer review committee", for purposes
8335		-	14 of IC 34-30-15, means not only members of the committee but also
8336		-	15 all of the committee's employees, representatives, agents, attorneys,
8337		-	16 investigators, assistants, clerks, staff, and any other person or
8338		-	17 organization who serves a peer review committee in any capacity.
8339		-	18 Sec. 151. (a) "Physical harm", for purposes of IC 34-20, means
8340		-	19 bodily injury, death, loss of services, and rights arising from any
8341		-	20 such injuries, as well as sudden, major damage to property.
8342		-	21 (b) The term does not include gradually evolving damage to
8343		-	22 property or economic losses from such damage.
8344		-	23 Sec. 152. "Physician", for purposes of IC 34-18, has the meaning
8345		-	24 set forth in IC 34-18-2-23.
8346		-	25 Sec. 153. "Place of illegal drug activity", for purposes of
8347		-	26 IC 34-24-4, means each county in which:
8348		-	27 (1) an individual drug user possesses or uses an illegal drug;
8349		-	28 or
8350		-	29 (2) the individual drug user:
8351		-	30 (A) resides;
8352		-	31 (B) attends school; or
8353		-	32 (C) is employed;
8354		-	33 during the period of the individual drug user's illegal drug
8355		-	34 use;
8356		-	35 unless a defendant in an action brought under IC 34-24-4 proves
8357		-	36 otherwise by clear and convincing evidence.
8358		-	37 Sec. 154. "Place of participation", for purposes of IC 34-24-4,
8359		-	38 means each county in which:
8360		-	39 (1) a person participates in the illegal drug market; or
8361		-	40 (2) the person:
8362		-	41 (A) resides;
8363		-	42 (B) attends school; or
8364		-	ES 80—LS 6051/DI 112 195
8365		-	1 (C) is employed;
8366		-	2 during the period of the person's participation in the illegal
8367		-	3 drug market.
8368		-	4 Sec. 155. "Political subdivision", for purposes of IC 34-12-3.5
8369		-	5 and IC 34-13-3, means a:
8370		-	6 (1) county;
8371		-	7 (2) township;
8372		-	8 (3) city;
8373		-	9 (4) town;
8374		-	10 (5) separate municipal corporation;
8375		-	11 (6) special taxing district;
8376		-	12 (7) state educational institution;
8377		-	13 (8) city or county hospital;
8378		-	14 (9) school corporation;
8379		-	15 (10) board or commission of one (1) of the entities listed in
8380		-	16 subdivisions (1) through (9);
8381		-	17 (11) drug enforcement task force operated jointly by political
8382		-	18 subdivisions;
8383		-	19 (12) community correctional service program organized
8384		-	20 under IC 12-12-1; or
8385		-	21 (13) solid waste management district established under
8386		-	22 IC 13-21 or IC 13-9.5-2 (before its repeal).
8387		-	23 Sec. 156. "Position of the agency", for purposes of IC 34-52-2,
8388		-	24 means the litigation stance taken by the state in a civil action
8389		-	25 subject to IC 34-52-2.
8390		-	26 Sec. 157. "Possessor of land", for purposes of IC 34-31-11, has
8391		-	27 the meaning set forth in IC 34-31-11-1.
8392		-	28 Sec. 158. "Practitioner", for purposes of IC 34-30-14, means a
8393		-	29 person described in IC 16-42-19-5 who acts within the scope of the
8394		-	30 practitioner's practice.
8395		-	31 Sec. 159. "Prejudgment interest", for purposes of IC 34-51-4,
8396		-	32 means interest on the amount of a judgment that is computed for
8397		-	33 a period preceding the date that the court returns a verdict or
8398		-	34 finding in the proceeding.
8399		-	35 Sec. 160. "Premises", for purposes of IC 34-30-32, has the
8400		-	36 meaning set forth in IC 34-30-32-5.
8401		-	37 Sec. 161. "Prior civil law and procedure", for purposes of
8402		-	38 IC 34-7, refers to the statutes that are repealed or amended in the
8403		-	39 recodification act of the 1998 regular session of the general
8404		-	40 assembly as the statutes existed before the effective date of the
8405		-	41 applicable or corresponding provision of the recodification act of
8406		-	42 the 1998 regular session of the general assembly.
8407		-	ES 80—LS 6051/DI 112 196
8408		-	1 Sec. 162. (a) "Product", for purposes of IC 34-20, means any
8409		-	2 item or good that is personalty at the time it is conveyed by the
8410		-	3 seller to another party.
8411		-	4 (b) The term does not apply to a transaction that, by its nature,
8412		-	5 involves wholly or predominantly the sale of a service rather than
8413		-	6 a product.
8414		-	7 Sec. 163. "Product liability action", for purposes of IC 34-20,
8415		-	8 means an action that is brought:
8416		-	9 (1) against a manufacturer or seller of a product; and
8417		-	10 (2) for or on account of physical harm;
8418		-	11 regardless of the substantive legal theory or theories upon which
8419		-	12 the action is brought.
8420		-	13 Sec. 164. "Professional health care organization", for purposes
8421		-	14 of IC 34-30-15, refers to an organization described in section
8422		-	15 165(14) or 165(25) of this chapter.
8423		-	16 Sec. 165. "Professional health care provider", for purposes of
8424		-	17 IC 34-30-15, means:
8425		-	18 (1) a physician licensed under IC 25-22.5;
8426		-	19 (2) a dentist licensed under IC 25-14;
8427		-	20 (3) a hospital licensed under IC 16-21;
8428		-	21 (4) a podiatrist licensed under IC 25-29;
8429		-	22 (5) a chiropractor licensed under IC 25-10;
8430		-	23 (6) an optometrist licensed under IC 25-24;
8431		-	24 (7) a psychologist licensed under IC 25-33;
8432		-	25 (8) a pharmacist licensed under IC 25-26;
8433		-	26 (9) a health facility licensed under IC 16-28-2;
8434		-	27 (10) a registered or licensed practical nurse licensed under
8435		-	28 IC 25-23;
8436		-	29 (11) a physical therapist licensed under IC 25-27;
8437		-	30 (12) a home health agency licensed under IC 16-27-1;
8438		-	31 (13) a community mental health center (as defined in
8439		-	32 IC 12-7-2-38);
8440		-	33 (14) a health care organization whose members, shareholders,
8441		-	34 subsidiaries, affiliates, or partners are:
8442		-	35 (A) professional health care providers described in
8443		-	36 subdivisions (1) through (13);
8444		-	37 (B) professional corporations comprised of health care
8445		-	38 professionals (as defined in IC 23-1.5-1-8); or
8446		-	39 (C) professional health care providers described in
8447		-	40 subdivisions (1) through (13) and professional corporations
8448		-	41 comprised of persons described in subdivisions (1) through
8449		-	42 (13);
8450		-	ES 80—LS 6051/DI 112 197
8451		-	1 (15) a private psychiatric hospital licensed under IC 12-25;
8452		-	2 (16) a preferred provider organization (including a preferred
8453		-	3 provider arrangement or reimbursement agreement under
8454		-	4 IC 27-8-11);
8455		-	5 (17) a health maintenance organization (as defined in
8456		-	6 IC 27-13-1-19) or a limited service health maintenance
8457		-	7 organization (as defined in IC 27-13-34-4);
8458		-	8 (18) a respiratory care practitioner licensed under IC 25-34.5;
8459		-	9 (19) an occupational therapist licensed under IC 25-23.5;
8460		-	10 (20) a state institution (as defined in IC 12-7-2-184);
8461		-	11 (21) a clinical social worker who is licensed under
8462		-	12 IC 25-23.6-5-2;
8463		-	13 (22) a provider (as defined in IC 12-7-2-149.1(5));
8464		-	14 (23) a nonprofit health care organization affiliated with a
8465		-	15 hospital that is owned or operated by a religious order, whose
8466		-	16 members are members of that religious order;
8467		-	17 (24) a nonprofit health care organization with one (1) or more
8468		-	18 hospital affiliates;
8469		-	19 (25) a health care organization that owns or controls, in whole
8470		-	20 or in part, one (1) or more entities described in subdivisions
8471		-	21 (1) through (24);
8472		-	22 (26) a provider organization (as defined in IC 16-18-2-296);
8473		-	23 (27) a paramedic licensed under IC 16-31;
8474		-	24 (28) an emergency medical technician certified under
8475		-	25 IC 16-31;
8476		-	26 (29) an emergency medical responder certified under
8477		-	27 IC 16-31; or
8478		-	28 (30) an advanced emergency medical technician certified
8479		-	29 under IC 16-31.
8480		-	30 Sec. 166. "Professional staff", for purposes of IC 34-30-15,
8481		-	31 means:
8482		-	32 (1) all individual professional health care providers
8483		-	33 authorized to provide health care in a hospital or other health
8484		-	34 care facility; or
8485		-	35 (2) the multidisciplinary staff of a community mental health
8486		-	36 center (as defined in IC 12-7-2-38).
8487		-	37 Sec. 167. "Program", for purposes of IC 34-57-3, refers to the
8488		-	38 community dispute resolution centers program established under
8489		-	39 IC 34-57-3-2.
8490		-	40 Sec. 168. (a) "Property", for purposes of IC 34-24-2, has the
8491		-	41 meaning set forth in IC 35-31.5-2-253.
8492		-	42 (b) "Property", for purposes of IC 34-30-9, includes the
8493		-	ES 80—LS 6051/DI 112 198
8494		-	1 following:
8495		-	2 (1) Real property.
8496		-	3 (2) Private ways.
8497		-	4 (3) Waters.
8498		-	5 (4) A structure located on property listed in subdivisions (1)
8499		-	6 through (3).
8500		-	7 Sec. 169. "Protected person" means a petitioner or a family or
8501		-	8 household member of the petitioner who is protected by the terms
8502		-	9 of a civil protection order issued under IC 34-26-5.
8503		-	10 Sec. 170. (a) "Protection order" or "order for protection", for
8504		-	11 purposes of sections 76, 169, and 182 of this chapter and
8505		-	12 IC 34-26-5, means an injunction or other order issued by a tribunal
8506		-	13 of the issuing state or Indian tribe to prevent an individual from:
8507		-	14 (1) engaging in violent or threatening acts against;
8508		-	15 (2) engaging in harassment of;
8509		-	16 (3) engaging in contact or communication with; or
8510		-	17 (4) being in physical proximity to;
8511		-	18 another person, including temporary and final orders issued by
8512		-	19 civil and criminal courts.
8513		-	20 (b) The term does not include a support or child custody order
8514		-	21 issued under the dissolution and child custody laws of a state or
8515		-	22 Indian tribe, except to the extent that the order qualifies as a
8516		-	23 protection order under subsection (a) and is entitled to full faith
8517		-	24 and credit under a federal law other than 18 U.S.C. 2265.
8518		-	25 (c) The term applies to an order regardless of whether the order
8519		-	26 is obtained by filing an independent action or as a pendente lite
8520		-	27 order in another proceeding if any civil order was issued in
8521		-	28 response to a complaint, petition, or motion filed by or on behalf of
8522		-	29 a person seeking protection.
8523		-	30 Sec. 171. "Protection order records", for purposes of
8524		-	31 IC 34-26-7.5, has the meaning set forth in IC 34-26-7.5-2.
8525		-	32 Sec. 172. "Psychiatric hospital", for purposes of IC 34-18, has
8526		-	33 the meaning set forth in IC 34-18-2-24.
8527		-	34 Sec. 173. "Public employee", for purposes of IC 34-13-2,
8528		-	35 IC 34-13-3, and IC 34-13-4, has the meaning set forth in section 54
8529		-	36 of this chapter.
8530		-	37 Sec. 174. (a) "Public lawsuit", for purposes of IC 34-13-5,
8531		-	38 means:
8532		-	39 (1) any action in which the validity, location, wisdom,
8533		-	40 feasibility, extent, or character of construction, financing, or
8534		-	41 leasing of a public improvement by a municipal corporation
8535		-	42 is questioned directly or indirectly, including but not limited
8536		-	ES 80—LS 6051/DI 112 199
8537		-	1 to suits for declaratory judgments or injunctions to declare
8538		-	2 invalid or to enjoin the construction, financing, or leasing;
8539		-	3 and
8540		-	4 (2) any action to declare invalid or enjoin the creation,
8541		-	5 organization, or formation of any municipal corporation.
8542		-	6 (b) The definition of "public lawsuit", as used in IC 34-13-5,
8543		-	7 shall not be construed to broaden any right of action as is validly
8544		-	8 limited by applicable law.
8545		-	9 Sec. 175. "Qualified director", for purposes of IC 34-30-4,
8546		-	10 means any of the following individuals:
8547		-	11 (1) An individual who serves without compensation for
8548		-	12 personal services as a member of a board or commission of
8549		-	13 the state or a political subdivision for the purpose of setting
8550		-	14 policy, controlling, or otherwise overseeing the activities or
8551		-	15 functional responsibilities of that board or commission.
8552		-	16 (2) An individual who serves without compensation for
8553		-	17 personal services as a director or an officer for the purpose of
8554		-	18 setting policy, controlling, or otherwise overseeing the
8555		-	19 activities or functional responsibilities of a nonprofit
8556		-	20 corporation operating under IC 12-29, except IC 12-29-3-6 or
8557		-	21 an agency providing services under IC 12-12-3, or a nonprofit
8558		-	22 corporation that has one (1) of the following purposes:
8559		-	23 (A) Religion.
8560		-	24 (B) Charity.
8561		-	25 (C) Benevolence.
8562		-	26 (D) Providing goods or services at no charge to the general
8563		-	27 public.
8564		-	28 (E) Education.
8565		-	29 (F) Scientific activity.
8566		-	30 (G) Developing or providing hospital services.
8567		-	31 (H) Medical research.
8568		-	32 (I) Developing or providing ambulance services or
8569		-	33 emergency medical treatment services.
8570		-	34 (3) An individual who serves without compensation for
8571		-	35 personal services as a director for the purpose of setting
8572		-	36 policy, controlling, or otherwise overseeing the activities or
8573		-	37 functional responsibilities of an organization that acts as an
8574		-	38 advocate for its members and that has as its members
8575		-	39 individuals or organizations that are:
8576		-	40 (A) members of a particular trade or industry; or
8577		-	41 (B) members of the business community of a particular
8578		-	42 municipality or area of the state.
8579		-	ES 80—LS 6051/DI 112 200
8580		-	1 (4) An individual who serves without compensation for
8581		-	2 personal services as a director of a national, regional, or local
8582		-	3 fraternity or sorority that is connected with, and under the
8583		-	4 supervision of, a postsecondary educational institution located
8584		-	5 within Indiana.
8585		-	6 (5) An individual who serves the purpose of setting policy,
8586		-	7 controlling, or otherwise overseeing the activities or
8587		-	8 functional responsibilities of a homeowners association (as
8588		-	9 defined in section 87 of this chapter).
8589		-	10 (6) An individual who serves without compensation for
8590		-	11 personal services as a director for the purpose of setting
8591		-	12 policy, controlling, or otherwise overseeing the activities or
8592		-	13 functional responsibilities of the Special Olympics or the Pan
8593		-	14 American Games.
8594		-	15 "Compensation", for purposes of this section, has the meaning set
8595		-	16 forth in section 34(a) of this chapter.
8596		-	17 Sec. 176. "Qualified settlement offer", for purposes of IC 34-50,
8597		-	18 means an offer of full and final settlement to resolve all claims and
8598		-	19 defenses at issue between the offeror (as defined in section 136 of
8599		-	20 this chapter) and the recipient (as defined in section 177 of this
8600		-	21 chapter).
8601		-	22 Sec. 177. "Recipient", for purposes of IC 34-50, means a party
8602		-	23 to a civil action who receives a qualified settlement offer (as
8603		-	24 defined in section 176 of this chapter) from an offeror (as defined
8604		-	25 in section 136 of this chapter) who is an opposing party in the civil
8605		-	26 action.
8606		-	27 Sec. 178. "Recreation", for purposes of IC 34-31-11.4, includes
8607		-	28 physical exercise, leisure, or sports.
8608		-	29 Sec. 179. "Recreational facility", for purposes of IC 34-31-11.4,
8609		-	30 means a building, location, or area primarily designed and used for
8610		-	31 purposes of recreation. The term includes:
8611		-	32 (1) a gymnasium;
8612		-	33 (2) a park;
8613		-	34 (3) a playground;
8614		-	35 (4) a swimming pool;
8615		-	36 (5) a fieldhouse;
8616		-	37 (6) a beach;
8617		-	38 (7) a stadium;
8618		-	39 (8) a golf course;
8619		-	40 (9) a campground;
8620		-	41 (10) a boat launching site;
8621		-	42 (11) an arboretum;
8622		-	ES 80—LS 6051/DI 112 201
8623		-	1 (12) a bicycle path;
8624		-	2 (13) a bridle path;
8625		-	3 (14) a community center;
8626		-	4 (15) a bowling alley;
8627		-	5 (16) a billiard hall;
8628		-	6 (17) a court, field, or other area designated for sports; and
8629		-	7 (18) any other building, location, or area specifically set aside
8630		-	8 for recreation.
8631		-	9 Sec. 180. "Recreational user", for purposes of IC 34-31-11.4,
8632		-	10 means an authorized user of a recreational facility who is using the
8633		-	11 facility for the recreational purpose for which it was primarily
8634		-	12 designed. However, the term does not include a person
8635		-	13 participating in or attending an intercollegiate or interscholastic
8636		-	14 event.
8637		-	15 Sec. 181. "Representative", for purposes of IC 34-18, has the
8638		-	16 meaning set forth in IC 34-18-2-25.
8639		-	17 Sec. 182. "Respondent", for purposes of IC 34-26-5, means the
8640		-	18 individual against whom the enforcement of a protection order is
8641		-	19 sought.
8642		-	20 Sec. 183. "Retirement plan", for purposes of IC 34-55-10,
8643		-	21 includes:
8644		-	22 (1) a stock bonus, a pension, a profit sharing, an annuity, or
8645		-	23 a similar plan or arrangement, including a retirement plan
8646		-	24 for self-employed individuals or a simplified employee pension
8647		-	25 plan;
8648		-	26 (2) a government or church retirement plan or contract; or
8649		-	27 (3) an individual retirement annuity or individual retirement
8650		-	28 account;
8651		-	29 that is intended in good faith to qualify as a retirement plan under
8652		-	30 applicable provisions of the Internal Revenue Code of 1986, as
8653		-	31 amended.
8654		-	32 Sec. 184. "Risk", for purposes of IC 34-18, has the meaning set
8655		-	33 forth in IC 34-18-2-26.
8656		-	34 Sec. 185. "Risk manager", for purposes of IC 34-18, has the
8657		-	35 meaning set forth in IC 34-18-2-27.
8658		-	36 Sec. 186. "Roller skater", for purposes of IC 34-31-6, means a
8659		-	37 person, including an invitee, who wears roller skates while in a
8660		-	38 roller skating rink for the purpose of recreational or competitive
8661		-	39 roller skating, whether or not the person pays consideration for
8662		-	40 entrance to the roller skating rink.
8663		-	41 Sec. 187. "Roller skating rink", for purposes of IC 34-31-6,
8664		-	42 means a building, facility, or other property where an area
8665		-	ES 80—LS 6051/DI 112 202
8666		-	1 specifically designed for use by the public for recreational or
8667		-	2 competitive roller skating is present.
8668		-	3 Sec. 188. "Security interest", for purposes of section 113 of this
8669		-	4 chapter, means an interest in property created by a contract to
8670		-	5 secure the payment of a debt or the performance of an obligation.
8671		-	6 Sec. 189. "Seller", for purposes of IC 34-20, means a person
8672		-	7 engaged in the business of selling or leasing a product for resale,
8673		-	8 use, or consumption.
8674		-	9 Sec. 190. "Session of the general assembly", for purposes of
8675		-	10 IC 34-13-1-6, does not include a regular technical session.
8676		-	11 Sec. 191. "Sheriff", for purposes of IC 34-47-4, means the
8677		-	12 sheriff of the county in which a court issues a writ of attachment
8678		-	13 under IC 34-47-4 (or IC 34-4-9 before its repeal).
8679		-	14 Sec. 192. "Sports or leisure activity", for purposes of
8680		-	15 IC 34-30-19, means:
8681		-	16 (1) an athletic or sports competition, exhibition, or event; and
8682		-	17 (2) an activity conducted for a recreational purpose.
8683		-	18 Sec. 193. "State":
8684		-	19 (1) for purposes of section 77(b) of this chapter and
8685		-	20 IC 34-13-3, means Indiana and its state agencies; and
8686		-	21 (2) for purposes of sections 76 and 106 of this chapter and
8687		-	22 IC 34-26-5, has the meaning set forth in IC 1-1-4-5.
8688		-	23 Sec. 194. "State agency", for purposes of IC 34-13-3, means:
8689		-	24 (1) a board;
8690		-	25 (2) a commission;
8691		-	26 (3) a department;
8692		-	27 (4) a division;
8693		-	28 (5) a governmental subdivision, including a soil and water
8694		-	29 conservation district;
8695		-	30 (6) a bureau;
8696		-	31 (7) a committee;
8697		-	32 (8) an authority;
8698		-	33 (9) a military body; or
8699		-	34 (10) another instrumentality;
8700		-	35 of the state. However, the term does not include a political
8701		-	36 subdivision.
8702		-	37 Sec. 195. "Stepchild", for purposes of IC 34-30-11, includes a
8703		-	38 stepchild of any age.
8704		-	39 Sec. 196. "Structured settlement", for purposes of IC 34-50-2,
8705		-	40 has the meaning set forth in IC 34-50-2-2.
8706		-	41 Sec. 197. "Successor asbestos related liability", for purposes of
8707		-	42 IC 34-31-8, has the meaning set forth in IC 34-31-8-4.
8708		-	ES 80—LS 6051/DI 112 203
8709		-	1 Sec. 198. "Telecommunications", for purposes of IC 34-30-21,
8710		-	2 means the transmission of any document, picture, datum, sound, or
8711		-	3 other symbol by television, radio, microwave, optical, or other
8712		-	4 electromagnetic signal.
8713		-	5 Sec. 199. "Tort", for purposes of IC 34-18, has the meaning set
8714		-	6 forth in IC 34-18-2-28.
8715		-	7 Sec. 200. "Transfer", for purposes of IC 34-50-2, has the
8716		-	8 meaning set forth in IC 34-50-2-3.
8717		-	9 Sec. 201. "Transferee", for purposes of IC 34-50-2, has the
8718		-	10 meaning set forth in IC 34-50-2-4.
8719		-	11 Sec. 202. "Transferor corporation", for purposes of IC 34-31-8,
8720		-	12 has the meaning set forth in IC 34-31-8-5.
8721		-	13 Sec. 203. "Trespasser", for purposes of IC 34-31-11, has the
8722		-	14 meaning set forth in IC 34-31-11-2.
8723		-	15 Sec. 204. "Trial", for purposes of IC 34-35-5, includes the
8724		-	16 impaneling of the jury, the actual trial, or other evidentiary
8725		-	17 hearing where witnesses are sworn and testify, hearings on motions
8726		-	18 for summary judgment, and entries of final disposition of a cause
8727		-	19 of action.
8728		-	20 Sec. 205. "Tribunal", for purposes of sections 76 and 170 of this
8729		-	21 chapter and IC 34-26-5, means a court, an agency, or another
8730		-	22 entity authorized by law to issue or modify a protection order.
8731		-	23 Sec. 206. "Uninsured motorist with a previous violation", for
8732		-	24 purposes of IC 34-30-29.2, has the meaning set forth in
8733		-	25 IC 27-7-5.1-4.
8734		-	26 Sec. 207. "Unit", for purposes of IC 34-24-1 and IC 34-24-2, has
8735		-	27 the meaning specified in IC 36-1-2-23.
8736		-	28 Sec. 208. "Unreasonably dangerous", for purposes of IC 34-20,
8737		-	29 refers to any situation in which the use of a product exposes the
8738		-	30 user or consumer to a risk of physical harm to an extent beyond
8739		-	31 that contemplated by the ordinary consumer who purchases the
8740		-	32 product with the ordinary knowledge about the product's
8741		-	33 characteristics common to the community of consumers.
8742		-	34 Sec. 209. "User", for purposes of IC 34-20, has the same
8743		-	35 meaning as the term "consumer", which is set forth in section 35
8744		-	36 of this chapter.
8745		-	37 Sec. 210. "Vehicle", for purposes of IC 34-24-3, has the meaning
8746		-	38 set forth in IC 35-31.5-2-346.
8747		-	39 Sec. 211. "Victim", for purposes of IC 34-60-1, has the meaning
8748		-	40 set forth in IC 34-60-1-1.
8749		-	41 Sec. 212. "Victim advocate", for purposes of IC 34-60-1, has the
8750		-	42 meaning set forth in IC 34-60-1-2.
8751		-	ES 80—LS 6051/DI 112 204
8752		-	1 Sec. 213. "Victim notification capabilities" means, with respect
8753		-	2 to a GPS tracking device, the ability of the device to do the
8754		-	3 following:
8755		-	4 (1) Immediately notify law enforcement or other supervisory
8756		-	5 personnel if the device enters a forbidden area.
8757		-	6 (2) Notify the victim in real time or near real time if the device
8758		-	7 enters a forbidden area.
8759		-	8 (3) Allow a law enforcement officer or other supervisory
8760		-	9 officer to contact the offender immediately if the device enters
8761		-	10 a forbidden area.
8762		-	11 (4) Activate an alarm to warn others of the device's presence
8763		-	12 in a forbidden area.
8764		-	13 Sec. 214. "Victim service provider", for purposes of IC 34-60-1,
8765		-	14 has the meaning set forth in IC 34-60-1-3.
8766		-	15 Sec. 215. "Volunteer", for purposes of IC 34-30-19, means an
8767		-	16 individual who, without compensation, engages in or provides
8768		-	17 other personal services for a sports or leisure activity such as
8769		-	18 baseball, basketball, football, soccer, hockey, volleyball,
8770		-	19 cheerleading, or other similar sports or leisure activities involving
8771		-	20 children who are less than sixteen (16) years of age.
8772		-	21 Sec. 216. "Weekly newspaper", for purposes of IC 34-15-4,
8773		-	22 means a newspaper that publishes one (1), two (2), three (3), or
8774		-	23 four (4) issues each week.
8775		-	24 SECTION 177. IC 34-11-2-11.5, AS ADDED BY P.L.154-2011,
8776		-	25 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8777		-	26 JULY 1, 2025]: Sec. 11.5. (a) As used in this chapter, "person" has the
8778		-	27 meaning set forth in IC 34-6-2-103(b). IC 34-6-2.1-149(b).
8779		-	28 (b) Subject to subsections (c), (d), and (e), a person may seek to
8780		-	29 recover the following in an action brought on or after the effective date
8781		-	30 of this section under IC 13-30-9-2 or IC 13-23-13-8(b) to recover costs
8782		-	31 incurred for a removal action, a remedial action, or a corrective action:
8783		-	32 (1) The costs incurred not more than ten (10) years before the date
8784		-	33 the action is brought, even if the person or any other person also
8785		-	34 incurred costs more than ten (10) years before the date the action
8786		-	35 is brought.
8787		-	36 (2) The costs incurred on or after the date the action is brought.
8788		-	37 (c) Costs are eligible for recovery under subsection (b) regardless
8789		-	38 of whether any part of the costs is incurred before the effective date of
8790		-	39 this section.
8791		-	40 (d) This section does not permit a person to revive or raise new
8792		-	41 claims in an action brought under IC 13-30-9-2 or IC 13-23-13-8(b)
8793		-	42 that was finally adjudicated or settled before the effective date of this
8794		-	ES 80—LS 6051/DI 112 205
8795		-	1 section.
8796		-	2 (e) Any person that brought an action under IC 13-30-9-2 or
8797		-	3 IC 13-23-13-8(b) that was not finally adjudicated or settled prior to the
8798		-	4 effective date of this section may not amend that action, or bring a new
8799		-	5 action, under this section.
8800		-	6 SECTION 178. IC 34-12-3.5-2, AS ADDED BY P.L.170-2024,
8801		-	7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8802		-	8 JULY 1, 2025]: Sec. 2. The following definitions apply throughout this
8803		-	9 chapter:
8804		-	10 (1) "Ammunition" has the meaning set forth in IC 35-47-1-2.5.
8805		-	11 (2) "Firearm" has the meaning set forth in 18 U.S.C. 921(a)(3).
8806		-	12 (3) "Political subdivision" has the meaning set forth in
8807		-	13 IC 34-6-2-110. IC 34-6-2.1-155.
8808		-	14 (4) "Trade association" means a corporation, unincorporated
8809		-	15 association, federation, business league, professional
8810		-	16 organization, or business organization that meets all of the
8811		-	17 following requirements:
8812		-	18 (A) The entity is not organized or operated for profit.
8813		-	19 (B) No part of the net earnings of the entity inures to the
8814		-	20 benefit of a private shareholder or individual.
8815		-	21 (C) The entity is an organization:
8816		-	22 (i) described in 26 U.S.C. 501(c)(6); and
8817		-	23 (ii) exempt from taxation under 26 U.S.C. 501(a).
8818		-	24 (D) Two (2) or more members of the entity are manufacturers
8819		-	25 or dealers in firearms or ammunition.
8820		-	26 SECTION 179. IC 34-12-5-3, AS ADDED BY P.L.166-2021,
8821		-	27 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8822		-	28 JULY 1, 2025]: Sec. 3. As used in this chapter, "arising from
8823		-	29 COVID-19" has the meaning set forth in IC 34-6-2-10.4.
8824		-	30 IC 34-6-2.1-14.
8825		-	31 SECTION 180. IC 34-12-5-5, AS ADDED BY P.L.166-2021,
8826		-	32 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8827		-	33 JULY 1, 2025]: Sec. 5. As used in this chapter, "covered entity" means:
8828		-	34 (1) a governmental entity (as defined by IC 34-6-2-49),
8829		-	35 IC 34-6-2.1-77), including a political subdivision (as defined in
8830		-	36 IC 34-6-2-110); IC 34-6-2.1-155); and
8831		-	37 (2) an approved postsecondary educational institution (as defined
8832		-	38 by IC 21-7-13-6).
8833		-	39 SECTION 181. IC 34-12-5-6, AS ADDED BY P.L.166-2021,
8834		-	40 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8835		-	41 JULY 1, 2025]: Sec. 6. As used in this chapter, "COVID-19" has the
8836		-	42 meaning set forth in IC 34-6-2-31.4. IC 34-6-2.1-40.
8837		-	ES 80—LS 6051/DI 112 206
8838		-	1 SECTION 182. IC 34-13-3-3, AS AMENDED BY P.L.135-2023,
8839		-	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8840		-	3 JULY 1, 2025]: Sec. 3. (a) A governmental entity or an employee
8841		-	4 acting within the scope of the employee's employment is not liable if
8842		-	5 a loss results from the following:
8843		-	6 (1) The natural condition of unimproved property.
8844		-	7 (2) The condition of a reservoir, dam, canal, conduit, drain, or
8845		-	8 similar structure when used by a person for a purpose that is not
8846		-	9 foreseeable.
8847		-	10 (3) The temporary condition of a public thoroughfare or extreme
8848		-	11 sport area that results from weather.
8849		-	12 (4) The condition of an unpaved road, trail, or footpath, the
8850		-	13 purpose of which is to provide access to a recreation or scenic
8851		-	14 area.
8852		-	15 (5) The design, construction, control, operation, or normal
8853		-	16 condition of an extreme sport area, if all entrances to the extreme
8854		-	17 sport area are marked with:
8855		-	18 (A) a set of rules governing the use of the extreme sport area;
8856		-	19 (B) a warning concerning the hazards and dangers associated
8857		-	20 with the use of the extreme sport area; and
8858		-	21 (C) a statement that the extreme sport area may be used only
8859		-	22 by persons operating extreme sport equipment.
8860		-	23 This subdivision shall not be construed to relieve a governmental
8861		-	24 entity from liability for the continuing duty to maintain extreme
8862		-	25 sports areas in a reasonably safe condition.
8863		-	26 (6) The initiation of a judicial or an administrative proceeding.
8864		-	27 (7) The performance of a discretionary function; however, the
8865		-	28 provision of medical or optical care as provided in IC 34-6-2-38
8866		-	29 IC 34-6-2.1-54 shall be considered as a ministerial act.
8867		-	30 (8) The adoption and enforcement of or failure to adopt or
8868		-	31 enforce:
8869		-	32 (A) a law (including rules and regulations); or
8870		-	33 (B) in the case of a public school or charter school, a policy;
8871		-	34 unless the act of enforcement constitutes false arrest or false
8872		-	35 imprisonment.
8873		-	36 (9) An act or omission performed in good faith and without
8874		-	37 malice under the apparent authority of a statute which is invalid
8875		-	38 if the employee would not have been liable had the statute been
8876		-	39 valid.
8877		-	40 (10) The act or omission of anyone other than the governmental
8878		-	41 entity or the governmental entity's employee.
8879		-	42 (11) The issuance, denial, suspension, or revocation of, or failure
8880		-	ES 80—LS 6051/DI 112 207
8881		-	1 or refusal to issue, deny, suspend, or revoke any permit, license,
8882		-	2 certificate, approval, order, or similar authorization, where the
8883		-	3 authority is discretionary under the law.
8884		-	4 (12) Failure to make an inspection, or making an inadequate or
8885		-	5 negligent inspection, of any property, other than the property of
8886		-	6 a governmental entity, to determine whether the property
8887		-	7 complied with or violates any law or contains a hazard to health
8888		-	8 or safety.
8889		-	9 (13) Entry upon any property where the entry is expressly or
8890		-	10 impliedly authorized by law.
8891		-	11 (14) Misrepresentation if unintentional.
8892		-	12 (15) Theft by another person of money in the employee's official
8893		-	13 custody, unless the loss was sustained because of the employee's
8894		-	14 own negligent or wrongful act or omission.
8895		-	15 (16) Injury to the property of a person under the jurisdiction and
8896		-	16 control of the department of correction if the person has not
8897		-	17 exhausted the administrative remedies and procedures provided
8898		-	18 by section 7 of this chapter.
8899		-	19 (17) Injury to the person or property of a person under supervision
8900		-	20 of a governmental entity and who is:
8901		-	21 (A) on probation;
8902		-	22 (B) assigned to an alcohol and drug services program under
8903		-	23 IC 12-23, a minimum security release program under
8904		-	24 IC 11-10-8, a pretrial conditional release program under
8905		-	25 IC 35-33-8, or a community corrections program under
8906		-	26 IC 11-12; or
8907		-	27 (C) subject to a court order requiring the person to be escorted
8908		-	28 by a county police officer while on or in a government
8909		-	29 building (as defined in IC 36-9-13-3) owned by a county
8910		-	30 building authority under IC 36-9-13, unless the injury is the
8911		-	31 result of an act or omission amounting to:
8912		-	32 (i) gross negligence;
8913		-	33 (ii) willful or wanton misconduct; or
8914		-	34 (iii) intentional misconduct.
8915		-	35 (18) Design of a highway (as defined in IC 9-13-2-73), toll road
8916		-	36 project (as defined in IC 8-15-2-4(4)), tollway (as defined in
8917		-	37 IC 8-15-3-7), or project (as defined in IC 8-15.7-2-14) if the
8918		-	38 claimed loss occurs at least twenty (20) years after the public
8919		-	39 highway, toll road project, tollway, or project was designed or
8920		-	40 substantially redesigned; except that this subdivision shall not be
8921		-	41 construed to relieve a responsible governmental entity from the
8922		-	42 continuing duty to provide and maintain public highways in a
8923		-	ES 80—LS 6051/DI 112 208
8924		-	1 reasonably safe condition.
8925		-	2 (19) Development, adoption, implementation, operation,
8926		-	3 maintenance, or use of an enhanced emergency communication
8927		-	4 system.
8928		-	5 (20) Injury to a student or a student's property by an employee of
8929		-	6 a school corporation if the employee is acting reasonably under a:
8930		-	7 (A) discipline policy adopted under IC 20-33-8-12; or
8931		-	8 (B) restraint and seclusion plan adopted under IC 20-20-40-14.
8932		-	9 (21) An act or omission performed in good faith under the
8933		-	10 apparent authority of a court order described in IC 35-46-1-15.1
8934		-	11 or IC 35-46-1-15.3 that is invalid, including an arrest or
8935		-	12 imprisonment related to the enforcement of the court order, if the
8936		-	13 governmental entity or employee would not have been liable had
8937		-	14 the court order been valid.
8938		-	15 (22) An act taken to investigate or remediate hazardous
8939		-	16 substances, petroleum, or other pollutants associated with a
8940		-	17 brownfield (as defined in IC 13-11-2-19.3) unless:
8941		-	18 (A) the loss is a result of reckless conduct; or
8942		-	19 (B) the governmental entity was responsible for the initial
8943		-	20 placement of the hazardous substances, petroleum, or other
8944		-	21 pollutants on the brownfield.
8945		-	22 (23) The operation of an off-road vehicle (as defined in
8946		-	23 IC 14-8-2-185) by a nongovernmental employee, or by a
8947		-	24 governmental employee not acting within the scope of the
8948		-	25 employment of the employee, on a public highway in a county
8949		-	26 road system outside the corporate limits of a city or town, unless
8950		-	27 the loss is the result of an act or omission amounting to:
8951		-	28 (A) gross negligence;
8952		-	29 (B) willful or wanton misconduct; or
8953		-	30 (C) intentional misconduct.
8954		-	31 This subdivision shall not be construed to relieve a governmental
8955		-	32 entity from liability for the continuing duty to maintain highways
8956		-	33 in a reasonably safe condition for the operation of motor vehicles
8957		-	34 licensed by the bureau of motor vehicles for operation on public
8958		-	35 highways.
8959		-	36 (24) Any act or omission rendered in connection with a request,
8960		-	37 investigation, assessment, or opinion provided under
8961		-	38 IC 36-9-28.7.
8962		-	39 (b) This subsection applies to a cause of action that accrues during
8963		-	40 a period of a state disaster emergency declared under IC 10-14-3-12 to
8964		-	41 respond to COVID-19, if the state of disaster emergency was declared
8965		-	42 after February 29, 2020, and before April 1, 2022. A governmental
8966		-	ES 80—LS 6051/DI 112 209
8967		-	1 entity or an employee acting within the scope of the employee's
8968		-	2 employment is not liable for an act or omission arising from COVID-19
8969		-	3 unless the act or omission constitutes gross negligence, willful or
8970		-	4 wanton misconduct, or intentional misrepresentation. If a claim
8971		-	5 described in this subsection is:
8972		-	6 (1) a claim for injury or death resulting from medical malpractice;
8973		-	7 and
8974		-	8 (2) not barred by the immunity provided under this subsection;
8975		-	9 the claimant is required to comply with all of the provisions of
8976		-	10 IC 34-18 (medical malpractice act).
8977		-	11 SECTION 183. IC 34-18-3-4 IS AMENDED TO READ AS
8978		-	12 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) As used in this
8979		-	13 section, "employee of a governmental entity" has the meaning set forth
8980		-	14 in IC 34-6-2-38. IC 34-6-2.1-54.
8981		-	15 (b) As used in this section, "governmental entity" has the meaning
8982		-	16 set forth in IC 34-6-2-49. IC 34-6-2.1-77.
8983		-	17 (c) A claim against a governmental entity or an employee of a
8984		-	18 governmental entity based on an occurrence of malpractice is governed
8985		-	19 exclusively by this article if the governmental entity or employee is
8986		-	20 qualified under this article.
8987		-	21 SECTION 184. IC 34-24-1-1, AS AMENDED BY P.L.185-2023,
8988		-	22 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8989		-	23 JULY 1, 2025]: Sec. 1. (a) The following may be seized:
8990		-	24 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
8991		-	25 or are intended for use by the person or persons in possession of
8992		-	26 them to transport or in any manner to facilitate the transportation
8993		-	27 of the following:
8994		-	28 (A) A controlled substance for the purpose of committing,
8995		-	29 attempting to commit, or conspiring to commit any of the
8996		-	30 following:
8997		-	31 (i) Dealing in or manufacturing cocaine or a narcotic drug
8998		-	32 (IC 35-48-4-1).
8999		-	33 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
9000		-	34 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
9001		-	35 (iv) Dealing in a schedule I, II, or III controlled substance
9002		-	36 (IC 35-48-4-2).
9003		-	37 (v) Dealing in a schedule IV controlled substance
9004		-	38 (IC 35-48-4-3).
9005		-	39 (vi) Dealing in a schedule V controlled substance
9006		-	40 (IC 35-48-4-4).
9007		-	41 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
9008		-	42 (viii) Possession of cocaine or a narcotic drug
9009		-	ES 80—LS 6051/DI 112 210
9010		-	1 (IC 35-48-4-6).
9011		-	2 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
9012		-	3 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
9013		-	4 (xi) Dealing in marijuana, hash oil, hashish, or salvia
9014		-	5 (IC 35-48-4-10).
9015		-	6 (xii) An offense under IC 35-48-4 involving a synthetic drug
9016		-	7 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
9017		-	8 substance (as defined in IC 35-31.5-2-321.5 (before its
9018		-	9 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
9019		-	10 repeal on July 1, 2019), a controlled substance analog (as
9020		-	11 defined in IC 35-48-1-9.3), IC 35-48-1.1-8), or a substance
9021		-	12 represented to be a controlled substance (as described in
9022		-	13 IC 35-48-4-4.6).
9023		-	14 (B) Any stolen (IC 35-43-4-2 or IC 35-43-4-2.2) or converted
9024		-	15 property (IC 35-43-4-3) if the retail or repurchase value of that
9025		-	16 property is one hundred dollars ($100) or more.
9026		-	17 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
9027		-	18 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
9028		-	19 mass destruction (as defined in IC 35-31.5-2-354) used to
9029		-	20 commit, used in an attempt to commit, or used in a conspiracy
9030		-	21 to commit a felony terrorist offense (as defined in
9031		-	22 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
9032		-	23 furtherance of an act of terrorism (as defined by
9033		-	24 IC 35-31.5-2-329).
9034		-	25 (2) All money, negotiable instruments, securities, weapons,
9035		-	26 communications devices, or any property used to commit, used in
9036		-	27 an attempt to commit, or used in a conspiracy to commit a felony
9037		-	28 terrorist offense (as defined in IC 35-50-2-18) or an offense under
9038		-	29 IC 35-47 as part of or in furtherance of an act of terrorism or
9039		-	30 commonly used as consideration for a violation of IC 35-48-4
9040		-	31 (other than items subject to forfeiture under IC 16-42-20-5 or
9041		-	32 IC 16-6-8.5-5.1, before its repeal):
9042		-	33 (A) furnished or intended to be furnished by any person in
9043		-	34 exchange for an act that is in violation of a criminal statute;
9044		-	35 (B) used to facilitate any violation of a criminal statute; or
9045		-	36 (C) traceable as proceeds of the violation of a criminal statute.
9046		-	37 (3) Any portion of real or personal property purchased with
9047		-	38 money that is traceable as a proceed of a violation of a criminal
9048		-	39 statute.
9049		-	40 (4) A vehicle that is used by a person to:
	8828	+	42 JULY 1, 2025]: Sec. 3. (a) A governmental entity or an employee
	8829	+	SB 80—LS 6051/DI 112 206
	8830	+	1 acting within the scope of the employee's employment is not liable if
	8831	+	2 a loss results from the following:
	8832	+	3 (1) The natural condition of unimproved property.
	8833	+	4 (2) The condition of a reservoir, dam, canal, conduit, drain, or
	8834	+	5 similar structure when used by a person for a purpose that is not
	8835	+	6 foreseeable.
	8836	+	7 (3) The temporary condition of a public thoroughfare or extreme
	8837	+	8 sport area that results from weather.
	8838	+	9 (4) The condition of an unpaved road, trail, or footpath, the
	8839	+	10 purpose of which is to provide access to a recreation or scenic
	8840	+	11 area.
	8841	+	12 (5) The design, construction, control, operation, or normal
	8842	+	13 condition of an extreme sport area, if all entrances to the extreme
	8843	+	14 sport area are marked with:
	8844	+	15 (A) a set of rules governing the use of the extreme sport area;
	8845	+	16 (B) a warning concerning the hazards and dangers associated
	8846	+	17 with the use of the extreme sport area; and
	8847	+	18 (C) a statement that the extreme sport area may be used only
	8848	+	19 by persons operating extreme sport equipment.
	8849	+	20 This subdivision shall not be construed to relieve a governmental
	8850	+	21 entity from liability for the continuing duty to maintain extreme
	8851	+	22 sports areas in a reasonably safe condition.
	8852	+	23 (6) The initiation of a judicial or an administrative proceeding.
	8853	+	24 (7) The performance of a discretionary function; however, the
	8854	+	25 provision of medical or optical care as provided in IC 34-6-2-38
	8855	+	26 IC 34-6-2.1-54 shall be considered as a ministerial act.
	8856	+	27 (8) The adoption and enforcement of or failure to adopt or
	8857	+	28 enforce:
	8858	+	29 (A) a law (including rules and regulations); or
	8859	+	30 (B) in the case of a public school or charter school, a policy;
	8860	+	31 unless the act of enforcement constitutes false arrest or false
	8861	+	32 imprisonment.
	8862	+	33 (9) An act or omission performed in good faith and without
	8863	+	34 malice under the apparent authority of a statute which is invalid
	8864	+	35 if the employee would not have been liable had the statute been
	8865	+	36 valid.
	8866	+	37 (10) The act or omission of anyone other than the governmental
	8867	+	38 entity or the governmental entity's employee.
	8868	+	39 (11) The issuance, denial, suspension, or revocation of, or failure
	8869	+	40 or refusal to issue, deny, suspend, or revoke any permit, license,
	8870	+	41 certificate, approval, order, or similar authorization, where the
	8871	+	42 authority is discretionary under the law.
	8872	+	SB 80—LS 6051/DI 112 207
	8873	+	1 (12) Failure to make an inspection, or making an inadequate or
	8874	+	2 negligent inspection, of any property, other than the property of
	8875	+	3 a governmental entity, to determine whether the property
	8876	+	4 complied with or violates any law or contains a hazard to health
	8877	+	5 or safety.
	8878	+	6 (13) Entry upon any property where the entry is expressly or
	8879	+	7 impliedly authorized by law.
	8880	+	8 (14) Misrepresentation if unintentional.
	8881	+	9 (15) Theft by another person of money in the employee's official
	8882	+	10 custody, unless the loss was sustained because of the employee's
	8883	+	11 own negligent or wrongful act or omission.
	8884	+	12 (16) Injury to the property of a person under the jurisdiction and
	8885	+	13 control of the department of correction if the person has not
	8886	+	14 exhausted the administrative remedies and procedures provided
	8887	+	15 by section 7 of this chapter.
	8888	+	16 (17) Injury to the person or property of a person under supervision
	8889	+	17 of a governmental entity and who is:
	8890	+	18 (A) on probation;
	8891	+	19 (B) assigned to an alcohol and drug services program under
	8892	+	20 IC 12-23, a minimum security release program under
	8893	+	21 IC 11-10-8, a pretrial conditional release program under
	8894	+	22 IC 35-33-8, or a community corrections program under
	8895	+	23 IC 11-12; or
	8896	+	24 (C) subject to a court order requiring the person to be escorted
	8897	+	25 by a county police officer while on or in a government
	8898	+	26 building (as defined in IC 36-9-13-3) owned by a county
	8899	+	27 building authority under IC 36-9-13, unless the injury is the
	8900	+	28 result of an act or omission amounting to:
	8901	+	29 (i) gross negligence;
	8902	+	30 (ii) willful or wanton misconduct; or
	8903	+	31 (iii) intentional misconduct.
	8904	+	32 (18) Design of a highway (as defined in IC 9-13-2-73), toll road
	8905	+	33 project (as defined in IC 8-15-2-4(4)), tollway (as defined in
	8906	+	34 IC 8-15-3-7), or project (as defined in IC 8-15.7-2-14) if the
	8907	+	35 claimed loss occurs at least twenty (20) years after the public
	8908	+	36 highway, toll road project, tollway, or project was designed or
	8909	+	37 substantially redesigned; except that this subdivision shall not be
	8910	+	38 construed to relieve a responsible governmental entity from the
	8911	+	39 continuing duty to provide and maintain public highways in a
	8912	+	40 reasonably safe condition.
	8913	+	41 (19) Development, adoption, implementation, operation,
	8914	+	42 maintenance, or use of an enhanced emergency communication
	8915	+	SB 80—LS 6051/DI 112 208
	8916	+	1 system.
	8917	+	2 (20) Injury to a student or a student's property by an employee of
	8918	+	3 a school corporation if the employee is acting reasonably under a:
	8919	+	4 (A) discipline policy adopted under IC 20-33-8-12; or
	8920	+	5 (B) restraint and seclusion plan adopted under IC 20-20-40-14.
	8921	+	6 (21) An act or omission performed in good faith under the
	8922	+	7 apparent authority of a court order described in IC 35-46-1-15.1
	8923	+	8 or IC 35-46-1-15.3 that is invalid, including an arrest or
	8924	+	9 imprisonment related to the enforcement of the court order, if the
	8925	+	10 governmental entity or employee would not have been liable had
	8926	+	11 the court order been valid.
	8927	+	12 (22) An act taken to investigate or remediate hazardous
	8928	+	13 substances, petroleum, or other pollutants associated with a
	8929	+	14 brownfield (as defined in IC 13-11-2-19.3) unless:
	8930	+	15 (A) the loss is a result of reckless conduct; or
	8931	+	16 (B) the governmental entity was responsible for the initial
	8932	+	17 placement of the hazardous substances, petroleum, or other
	8933	+	18 pollutants on the brownfield.
	8934	+	19 (23) The operation of an off-road vehicle (as defined in
	8935	+	20 IC 14-8-2-185) by a nongovernmental employee, or by a
	8936	+	21 governmental employee not acting within the scope of the
	8937	+	22 employment of the employee, on a public highway in a county
	8938	+	23 road system outside the corporate limits of a city or town, unless
	8939	+	24 the loss is the result of an act or omission amounting to:
	8940	+	25 (A) gross negligence;
	8941	+	26 (B) willful or wanton misconduct; or
	8942	+	27 (C) intentional misconduct.
	8943	+	28 This subdivision shall not be construed to relieve a governmental
	8944	+	29 entity from liability for the continuing duty to maintain highways
	8945	+	30 in a reasonably safe condition for the operation of motor vehicles
	8946	+	31 licensed by the bureau of motor vehicles for operation on public
	8947	+	32 highways.
	8948	+	33 (24) Any act or omission rendered in connection with a request,
	8949	+	34 investigation, assessment, or opinion provided under
	8950	+	35 IC 36-9-28.7.
	8951	+	36 (b) This subsection applies to a cause of action that accrues during
	8952	+	37 a period of a state disaster emergency declared under IC 10-14-3-12 to
	8953	+	38 respond to COVID-19, if the state of disaster emergency was declared
	8954	+	39 after February 29, 2020, and before April 1, 2022. A governmental
	8955	+	40 entity or an employee acting within the scope of the employee's
	8956	+	41 employment is not liable for an act or omission arising from COVID-19
	8957	+	42 unless the act or omission constitutes gross negligence, willful or
	8958	+	SB 80—LS 6051/DI 112 209
	8959	+	1 wanton misconduct, or intentional misrepresentation. If a claim
	8960	+	2 described in this subsection is:
	8961	+	3 (1) a claim for injury or death resulting from medical malpractice;
	8962	+	4 and
	8963	+	5 (2) not barred by the immunity provided under this subsection;
	8964	+	6 the claimant is required to comply with all of the provisions of
	8965	+	7 IC 34-18 (medical malpractice act).
	8966	+	8 SECTION 183. IC 34-18-3-4 IS AMENDED TO READ AS
	8967	+	9 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) As used in this
	8968	+	10 section, "employee of a governmental entity" has the meaning set forth
	8969	+	11 in IC 34-6-2-38. IC 34-6-2.1-54.
	8970	+	12 (b) As used in this section, "governmental entity" has the meaning
	8971	+	13 set forth in IC 34-6-2-49. IC 34-6-2.1-77.
	8972	+	14 (c) A claim against a governmental entity or an employee of a
	8973	+	15 governmental entity based on an occurrence of malpractice is governed
	8974	+	16 exclusively by this article if the governmental entity or employee is
	8975	+	17 qualified under this article.
	8976	+	18 SECTION 184. IC 34-24-1-1, AS AMENDED BY P.L.185-2023,
	8977	+	19 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	8978	+	20 JULY 1, 2025]: Sec. 1. (a) The following may be seized:
	8979	+	21 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
	8980	+	22 or are intended for use by the person or persons in possession of
	8981	+	23 them to transport or in any manner to facilitate the transportation
	8982	+	24 of the following:
	8983	+	25 (A) A controlled substance for the purpose of committing,
	8984	+	26 attempting to commit, or conspiring to commit any of the
	8985	+	27 following:
	8986	+	28 (i) Dealing in or manufacturing cocaine or a narcotic drug
	8987	+	29 (IC 35-48-4-1).
	8988	+	30 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
	8989	+	31 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
	8990	+	32 (iv) Dealing in a schedule I, II, or III controlled substance
	8991	+	33 (IC 35-48-4-2).
	8992	+	34 (v) Dealing in a schedule IV controlled substance (IC
	8993	+	35 35-48-4-3).
	8994	+	36 (vi) Dealing in a schedule V controlled substance (IC
	8995	+	37 35-48-4-4).
	8996	+	38 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
	8997	+	39 (viii) Possession of cocaine or a narcotic drug (IC
	8998	+	40 35-48-4-6).
	8999	+	41 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
	9000	+	42 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
	9001	+	SB 80—LS 6051/DI 112 210
	9002	+	1 (xi) Dealing in marijuana, hash oil, hashish, or salvia (IC
	9003	+	2 35-48-4-10).
	9004	+	3 (xii) An offense under IC 35-48-4 involving a synthetic drug
	9005	+	4 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
	9006	+	5 substance (as defined in IC 35-31.5-2-321.5 (before its
	9007	+	6 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
	9008	+	7 repeal on July 1, 2019), a controlled substance analog (as
	9009	+	8 defined in IC 35-48-1-9.3), IC 35-48-1.1-8), or a substance
	9010	+	9 represented to be a controlled substance (as described in
	9011	+	10 IC 35-48-4-4.6).
	9012	+	11 (B) Any stolen (IC 35-43-4-2 or IC 35-43-4-2.2) or converted
	9013	+	12 property (IC 35-43-4-3) if the retail or repurchase value of that
	9014	+	13 property is one hundred dollars ($100) or more.
	9015	+	14 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
	9016	+	15 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
	9017	+	16 mass destruction (as defined in IC 35-31.5-2-354) used to
	9018	+	17 commit, used in an attempt to commit, or used in a conspiracy
	9019	+	18 to commit a felony terrorist offense (as defined in
	9020	+	19 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
	9021	+	20 furtherance of an act of terrorism (as defined by
	9022	+	21 IC 35-31.5-2-329).
	9023	+	22 (2) All money, negotiable instruments, securities, weapons,
	9024	+	23 communications devices, or any property used to commit, used in
	9025	+	24 an attempt to commit, or used in a conspiracy to commit a felony
	9026	+	25 terrorist offense (as defined in IC 35-50-2-18) or an offense under
	9027	+	26 IC 35-47 as part of or in furtherance of an act of terrorism or
	9028	+	27 commonly used as consideration for a violation of IC 35-48-4
	9029	+	28 (other than items subject to forfeiture under IC 16-42-20-5 or
	9030	+	29 IC 16-6-8.5-5.1, before its repeal):
	9031	+	30 (A) furnished or intended to be furnished by any person in
	9032	+	31 exchange for an act that is in violation of a criminal statute;
	9033	+	32 (B) used to facilitate any violation of a criminal statute; or
	9034	+	33 (C) traceable as proceeds of the violation of a criminal statute.
	9035	+	34 (3) Any portion of real or personal property purchased with
	9036	+	35 money that is traceable as a proceed of a violation of a criminal
	9037	+	36 statute.
	9038	+	37 (4) A vehicle that is used by a person to:
	9039	+	38 (A) commit, attempt to commit, or conspire to commit;
	9040	+	39 (B) facilitate the commission of; or
	9041	+	40 (C) escape from the commission of;
	9042	+	41 murder (IC 35-42-1-1), dealing in a controlled substance resulting
	9043	+	42 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
	9044	+	SB 80—LS 6051/DI 112 211
	9045	+	1 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
	9046	+	2 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
	9047	+	3 under IC 35-47 as part of or in furtherance of an act of terrorism.
	9048	+	4 (5) Real property owned by a person who uses it to commit any of
	9049	+	5 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
	9050	+	6 felony:
	9051	+	7 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
	9052	+	8 35-48-4-1).
	9053	+	9 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
	9054	+	10 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
	9055	+	11 (D) Dealing in a schedule I, II, or III controlled substance (IC
	9056	+	12 35-48-4-2).
	9057	+	13 (E) Dealing in a schedule IV controlled substance (IC
	9058	+	14 35-48-4-3).
	9059	+	15 (F) Dealing in marijuana, hash oil, hashish, or salvia (IC
	9060	+	16 35-48-4-10).
	9061	+	17 (G) Dealing in a synthetic drug (as defined in
	9062	+	18 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
	9063	+	19 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
	9064	+	20 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
	9065	+	21 2019).
	9066	+	22 (H) Dealing in a controlled substance resulting in death (IC
	9067	+	23 35-42-1-1.5).
	9068	+	24 (6) Equipment and recordings used by a person to commit fraud
	9069	+	25 under IC 35-43-5.
	9070	+	26 (7) Recordings sold, rented, transported, or possessed by a person
	9071	+	27 in violation of IC 24-4-10.
	9072	+	28 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
	9073	+	29 defined by IC 35-45-6-1) that is the object of a corrupt business
	9074	+	30 influence violation (IC 35-45-6-2).
	9075	+	31 (9) Unlawful telecommunications devices (as defined in
	9076	+	32 IC 35-45-13-6) and plans, instructions, or publications used to
	9077	+	33 commit an offense under IC 35-45-13.
	9078	+	34 (10) Any equipment, including computer equipment and cellular
	9079	+	35 telephones, used for or intended for use in preparing,
	9080	+	36 photographing, recording, videotaping, digitizing, printing,
	9081	+	37 copying, or disseminating matter in violation of IC 35-42-4.
	9082	+	38 (11) Destructive devices used, possessed, transported, or sold in
	9083	+	39 violation of IC 35-47.5.
	9084	+	40 (12) Tobacco products that are sold in violation of IC 24-3-5,
	9085	+	41 tobacco products that a person attempts to sell in violation of
	9086	+	42 IC 24-3-5, and other personal property owned and used by a
	9087	+	SB 80—LS 6051/DI 112 212
	9088	+	1 person to facilitate a violation of IC 24-3-5.
	9089	+	2 (13) Property used by a person to commit counterfeiting or
	9090	+	3 forgery in violation of IC 35-43-5-2.
	9091	+	4 (14) After December 31, 2005, if a person is convicted of an
	9092	+	5 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
	9093	+	6 following real or personal property:
	9094	+	7 (A) Property used or intended to be used to commit, facilitate,
	9095	+	8 or promote the commission of the offense.
	9096	+	9 (B) Property constituting, derived from, or traceable to the
	9097	+	10 gross proceeds that the person obtained directly or indirectly
	9098	+	11 as a result of the offense.
	9099	+	12 (15) Except as provided in subsection (e), a vehicle used by a
	9100	+	13 person who operates the vehicle:
	9101	+	14 (A) while intoxicated, in violation of IC 9-30-5-1 through
	9102	+	15 IC 9-30-5-5, if in the previous five (5) years the person has two
	9103	+	16 (2) or more prior unrelated convictions for operating a motor
	9104	+	17 vehicle while intoxicated in violation of IC 9-30-5-1 through
	9105	+	18 IC 9-30-5-5; or
	9106	+	19 (B) on a highway while the person's driving privileges are
	9107	+	20 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
	9108	+	21 if in the previous five (5) years the person has two (2) or more
	9109	+	22 prior unrelated convictions for operating a vehicle while
	9110	+	23 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
	9111	+	24 If a court orders the seizure of a vehicle under this subdivision,
	9112	+	25 the court shall transmit an order to the bureau of motor vehicles
	9113	+	26 recommending that the bureau not permit a vehicle to be
	9114	+	27 registered in the name of the person whose vehicle was seized
	9115	+	28 until the person possesses a current driving license (as defined in
	9116	+	29 IC 9-13-2-41).
	9117	+	30 (16) The following real or personal property:
	9118	+	31 (A) Property used or intended to be used to commit, facilitate,
	9119	+	32 or promote the commission of an offense specified in
	9120	+	33 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
	9121	+	34 IC 30-2-13-38(f).
	9122	+	35 (B) Property constituting, derived from, or traceable to the
	9123	+	36 gross proceeds that a person obtains directly or indirectly as a
	9124	+	37 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
	9125	+	38 IC 30-2-10-9(b), or IC 30-2-13-38(f).
	9126	+	39 (17) Real or personal property, including a vehicle, that is used by
	9127	+	40 a person to:
9050	9128		41 (A) commit, attempt to commit, or conspire to commit;
9051	9129		42 (B) facilitate the commission of; or
9052		-	ES 80—LS 6051/DI 112 ~~211~~
	9130	+	SB 80—LS 6051/DI 112 213
9053	9131		1 (C) escape from the commission of;
9054		-	2 murder (IC 35-42-1-1), dealing in a controlled substance resulting
9055		-	3 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
9056		-	4 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
9057		-	5 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
9058		-	6 under IC 35-47 as part of or in furtherance of an act of terrorism.
9059		-	7 (5) Real property owned by a person who uses it to commit any of
9060		-	8 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
9061		-	9 felony:
9062		-	10 (A) Dealing in or manufacturing cocaine or a narcotic drug
9063		-	11 (IC 35-48-4-1).
9064		-	12 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
9065		-	13 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
9066		-	14 (D) Dealing in a schedule I, II, or III controlled substance
9067		-	15 (IC 35-48-4-2).
9068		-	16 (E) Dealing in a schedule IV controlled substance
9069		-	17 (IC 35-48-4-3).
9070		-	18 (F) Dealing in marijuana, hash oil, hashish, or salvia
9071		-	19 (IC 35-48-4-10).
9072		-	20 (G) Dealing in a synthetic drug (as defined in
9073		-	21 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
9074		-	22 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
9075		-	23 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
9076		-	24 2019).
9077		-	25 (H) Dealing in a controlled substance resulting in death
9078		-	26 (IC 35-42-1-1.5).
9079		-	27 (6) Equipment and recordings used by a person to commit fraud
9080		-	28 under IC 35-43-5.
9081		-	29 (7) Recordings sold, rented, transported, or possessed by a person
9082		-	30 in violation of IC 24-4-10.
9083		-	31 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
9084		-	32 defined by IC 35-45-6-1) that is the object of a corrupt business
9085		-	33 influence violation (IC 35-45-6-2).
9086		-	34 (9) Unlawful telecommunications devices (as defined in
9087		-	35 IC 35-45-13-6) and plans, instructions, or publications used to
9088		-	36 commit an offense under IC 35-45-13.
9089		-	37 (10) Any equipment, including computer equipment and cellular
9090		-	38 telephones, used for or intended for use in preparing,
9091		-	39 photographing, recording, videotaping, digitizing, printing,
9092		-	40 copying, or disseminating matter in violation of IC 35-42-4.
9093		-	41 (11) Destructive devices used, possessed, transported, or sold in
9094		-	42 violation of IC 35-47.5.
9095		-	ES 80—LS 6051/DI 112 212
9096		-	1 (12) Tobacco products that are sold in violation of IC 24-3-5,
9097		-	2 tobacco products that a person attempts to sell in violation of
9098		-	3 IC 24-3-5, and other personal property owned and used by a
9099		-	4 person to facilitate a violation of IC 24-3-5.
9100		-	5 (13) Property used by a person to commit counterfeiting or
9101		-	6 forgery in violation of IC 35-43-5-2.
9102		-	7 (14) After December 31, 2005, if a person is convicted of an
9103		-	8 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
9104		-	9 following real or personal property:
9105		-	10 (A) Property used or intended to be used to commit, facilitate,
9106		-	11 or promote the commission of the offense.
9107		-	12 (B) Property constituting, derived from, or traceable to the
9108		-	13 gross proceeds that the person obtained directly or indirectly
9109		-	14 as a result of the offense.
9110		-	15 (15) Except as provided in subsection (e), a vehicle used by a
9111		-	16 person who operates the vehicle:
9112		-	17 (A) while intoxicated, in violation of IC 9-30-5-1 through
9113		-	18 IC 9-30-5-5, if in the previous five (5) years the person has two
9114		-	19 (2) or more prior unrelated convictions for operating a motor
9115		-	20 vehicle while intoxicated in violation of IC 9-30-5-1 through
9116		-	21 IC 9-30-5-5; or
9117		-	22 (B) on a highway while the person's driving privileges are
9118		-	23 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
9119		-	24 if in the previous five (5) years the person has two (2) or more
9120		-	25 prior unrelated convictions for operating a vehicle while
9121		-	26 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
9122		-	27 If a court orders the seizure of a vehicle under this subdivision,
9123		-	28 the court shall transmit an order to the bureau of motor vehicles
9124		-	29 recommending that the bureau not permit a vehicle to be
9125		-	30 registered in the name of the person whose vehicle was seized
9126		-	31 until the person possesses a current driving license (as defined in
9127		-	32 IC 9-13-2-41).
9128		-	33 (16) The following real or personal property:
9129		-	34 (A) Property used or intended to be used to commit, facilitate,
9130		-	35 or promote the commission of an offense specified in
9131		-	36 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
9132		-	37 IC 30-2-13-38(f).
9133		-	38 (B) Property constituting, derived from, or traceable to the
9134		-	39 gross proceeds that a person obtains directly or indirectly as a
9135		-	40 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
9136		-	41 IC 30-2-10-9(b), or IC 30-2-13-38(f).
9137		-	42 (17) Real or personal property, including a vehicle, that is used by
9138		-	ES 80—LS 6051/DI 112 213
9139		-	1 a person to:
9140		-	2 (A) commit, attempt to commit, or conspire to commit;
9141		-	3 (B) facilitate the commission of; or
9142		-	4 (C) escape from the commission of;
9143		-	5 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
9144		-	6 trafficking) or IC 35-45-4-4 (promoting prostitution).
9145		-	7 (b) A vehicle used by any person as a common or contract carrier in
9146		-	8 the transaction of business as a common or contract carrier is not
9147		-	9 subject to seizure under this section, unless it can be proven by a
9148		-	10 preponderance of the evidence that the owner of the vehicle knowingly
9149		-	11 permitted the vehicle to be used to engage in conduct that subjects it to
9150		-	12 seizure under subsection (a).
9151		-	13 (c) Equipment under subsection (a)(10) may not be seized unless it
9152		-	14 can be proven by a preponderance of the evidence that the owner of the
9153		-	15 equipment knowingly permitted the equipment to be used to engage in
9154		-	16 conduct that subjects it to seizure under subsection (a)(10).
9155		-	17 (d) Money, negotiable instruments, securities, weapons,
9156		-	18 communications devices, or any property commonly used as
9157		-	19 consideration for a violation of IC 35-48-4 found near or on a person
9158		-	20 who is committing, attempting to commit, or conspiring to commit any
9159		-	21 of the following offenses shall be admitted into evidence in an action
9160		-	22 under this chapter as prima facie evidence that the money, negotiable
9161		-	23 instrument, security, or other thing of value is property that has been
9162		-	24 used or was to have been used to facilitate the violation of a criminal
9163		-	25 statute or is the proceeds of the violation of a criminal statute:
9164		-	26 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
9165		-	27 death).
9166		-	28 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
9167		-	29 narcotic drug).
9168		-	30 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
9169		-	31 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
9170		-	32 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
9171		-	33 substance).
9172		-	34 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
9173		-	35 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
9174		-	36 as a Level 4 felony.
9175		-	37 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
9176		-	38 Level 3, Level 4, or Level 5 felony.
9177		-	39 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
9178		-	40 3, Level 4, or Level 5 felony.
9179		-	41 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
9180		-	42 salvia) as a Level 5 felony.
9181		-	ES 80—LS 6051/DI 112 214
9182		-	1 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
9183		-	2 in a synthetic drug or synthetic drug lookalike substance) as a
9184		-	3 Level 5 felony or Level 6 felony (or as a Class C felony or Class
9185		-	4 D felony under IC 35-48-4-10 before its amendment in 2013).
9186		-	5 (e) A vehicle operated by a person who is not:
9187		-	6 (1) an owner of the vehicle; or
9188		-	7 (2) the spouse of the person who owns the vehicle;
9189		-	8 is not subject to seizure under subsection (a)(15) unless it can be
9190		-	9 proven by a preponderance of the evidence that the owner of the
9191		-	10 vehicle knowingly permitted the vehicle to be used to engage in
9192		-	11 conduct that subjects it to seizure under subsection (a)(15).
9193		-	12 SECTION 185. IC 34-28-3-3 IS AMENDED TO READ AS
9194		-	13 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. A minor who has
9195		-	14 been partially emancipated under this chapter (or IC 34-4-44.2 before
9196		-	15 its repeal) may not avoid a contract, a liability release, or an indemnity
9197		-	16 agreement referred to in a court order issued under this chapter (or
9198		-	17 IC 34-4-44.2 before its repeal) by alleging that the minor was under a
9199		-	18 legal disability by reason of the minor's age. No parent of a minor who
9200		-	19 has been partially emancipated under this chapter (or IC 34-4-44.2
9201		-	20 before its repeal) may seek to have a contract, a liability release, or an
9202		-	21 indemnity agreement signed by the partially emancipated minor as
9203		-	22 allowed under this chapter set aside by reason of the minor's age at the
9204		-	23 time the minor entered into the contract, regardless of whether the
9205		-	24 parent participates in the partial emancipation proceeding or fits the
9206		-	25 definition of a parent under IC 34-6-2-93. IC 34-6-2.1-139.
9207		-	26 SECTION 186. IC 34-28-7-3, AS ADDED BY P.L.90-2010,
9208		-	27 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9209		-	28 JULY 1, 2025]: Sec. 3. (a) An individual who believes that the
9210		-	29 individual has been harmed by a violation of section 2 of this chapter
9211		-	30 may bring a civil action against the person who is alleged to have
9212		-	31 violated section 2 of this chapter, other than a person set forth in
9213		-	32 IC 34-6-2-103(j)(2). IC 34-6-2.1-149(j)(2).
9214		-	33 (b) If a person is found by a court, in an action brought under
9215		-	34 subsection (a), to have violated section 2 of this chapter, the court may
9216		-	35 do the following:
9217		-	36 (1) Award:
9218		-	37 (A) actual damages; and
9219		-	38 (B) court costs and attorney's fees;
9220		-	39 to the prevailing individual.
9221		-	40 (2) Enjoin further violations of this chapter.
9222		-	41 SECTION 187. IC 34-30-5-0.2, AS ADDED BY P.L.220-2011,
9223		-	42 SECTION 564, IS AMENDED TO READ AS FOLLOWS
9224		-	ES 80—LS 6051/DI 112 215
9225		-	1 [EFFECTIVE JULY 1, 2025]: Sec. 0.2. The amendments made to
9226		-	2 IC 34-4-12.5-1 and IC 34-4-13.5-2 (before their repeal, now codified
9227		-	3 at section 1 of this chapter and at IC 34-6-2 (before its repeal and
9228		-	4 relocation to IC 34-6-2.1)) by P.L.144-1991 apply only to a gift of a
9229		-	5 food item made after June 30, 1991.
9230		-	6 SECTION 188. IC 34-30-15-8, AS AMENDED BY P.L.79-2016,
	9132	+	2 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
	9133	+	3 trafficking) or IC 35-45-4-4 (promoting prostitution).
	9134	+	4 (b) A vehicle used by any person as a common or contract carrier in
	9135	+	5 the transaction of business as a common or contract carrier is not
	9136	+	6 subject to seizure under this section, unless it can be proven by a
	9137	+	7 preponderance of the evidence that the owner of the vehicle knowingly
	9138	+	8 permitted the vehicle to be used to engage in conduct that subjects it to
	9139	+	9 seizure under subsection (a).
	9140	+	10 (c) Equipment under subsection (a)(10) may not be seized unless it
	9141	+	11 can be proven by a preponderance of the evidence that the owner of the
	9142	+	12 equipment knowingly permitted the equipment to be used to engage in
	9143	+	13 conduct that subjects it to seizure under subsection (a)(10).
	9144	+	14 (d) Money, negotiable instruments, securities, weapons,
	9145	+	15 communications devices, or any property commonly used as
	9146	+	16 consideration for a violation of IC 35-48-4 found near or on a person
	9147	+	17 who is committing, attempting to commit, or conspiring to commit any
	9148	+	18 of the following offenses shall be admitted into evidence in an action
	9149	+	19 under this chapter as prima facie evidence that the money, negotiable
	9150	+	20 instrument, security, or other thing of value is property that has been
	9151	+	21 used or was to have been used to facilitate the violation of a criminal
	9152	+	22 statute or is the proceeds of the violation of a criminal statute:
	9153	+	23 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
	9154	+	24 death).
	9155	+	25 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
	9156	+	26 narcotic drug).
	9157	+	27 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
	9158	+	28 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
	9159	+	29 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
	9160	+	30 substance).
	9161	+	31 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
	9162	+	32 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
	9163	+	33 as a Level 4 felony.
	9164	+	34 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
	9165	+	35 Level 3, Level 4, or Level 5 felony.
	9166	+	36 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
	9167	+	37 3, Level 4, or Level 5 felony.
	9168	+	38 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
	9169	+	39 salvia) as a Level 5 felony.
	9170	+	40 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
	9171	+	41 in a synthetic drug or synthetic drug lookalike substance) as a
	9172	+	42 Level 5 felony or Level 6 felony (or as a Class C felony or Class
	9173	+	SB 80—LS 6051/DI 112 214
	9174	+	1 D felony under IC 35-48-4-10 before its amendment in 2013).
	9175	+	2 (e) A vehicle operated by a person who is not:
	9176	+	3 (1) an owner of the vehicle; or
	9177	+	4 (2) the spouse of the person who owns the vehicle;
	9178	+	5 is not subject to seizure under subsection (a)(15) unless it can be
	9179	+	6 proven by a preponderance of the evidence that the owner of the
	9180	+	7 vehicle knowingly permitted the vehicle to be used to engage in
	9181	+	8 conduct that subjects it to seizure under subsection (a)(15).
	9182	+	9 SECTION 185. IC 34-28-3-3 IS AMENDED TO READ AS
	9183	+	10 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. A minor who has
	9184	+	11 been partially emancipated under this chapter (or IC 34-4-44.2 before
	9185	+	12 its repeal) may not avoid a contract, a liability release, or an indemnity
	9186	+	13 agreement referred to in a court order issued under this chapter (or
	9187	+	14 IC 34-4-44.2 before its repeal) by alleging that the minor was under a
	9188	+	15 legal disability by reason of the minor's age. No parent of a minor who
	9189	+	16 has been partially emancipated under this chapter (or IC 34-4-44.2
	9190	+	17 before its repeal) may seek to have a contract, a liability release, or an
	9191	+	18 indemnity agreement signed by the partially emancipated minor as
	9192	+	19 allowed under this chapter set aside by reason of the minor's age at the
	9193	+	20 time the minor entered into the contract, regardless of whether the
	9194	+	21 parent participates in the partial emancipation proceeding or fits the
	9195	+	22 definition of a parent under IC 34-6-2-93. IC 34-6-2.1-139.
	9196	+	23 SECTION 186. IC 34-28-7-3, AS ADDED BY P.L.90-2010,
	9197	+	24 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9198	+	25 JULY 1, 2025]: Sec. 3. (a) An individual who believes that the
	9199	+	26 individual has been harmed by a violation of section 2 of this chapter
	9200	+	27 may bring a civil action against the person who is alleged to have
	9201	+	28 violated section 2 of this chapter, other than a person set forth in
	9202	+	29 IC 34-6-2-103(j)(2). IC 34-6-2.1-149(j)(2).
	9203	+	30 (b) If a person is found by a court, in an action brought under
	9204	+	31 subsection (a), to have violated section 2 of this chapter, the court may
	9205	+	32 do the following:
	9206	+	33 (1) Award:
	9207	+	34 (A) actual damages; and
	9208	+	35 (B) court costs and attorney's fees;
	9209	+	36 to the prevailing individual.
	9210	+	37 (2) Enjoin further violations of this chapter.
	9211	+	38 SECTION 187. IC 34-30-5-0.2, AS ADDED BY P.L.220-2011,
	9212	+	39 SECTION 564, IS AMENDED TO READ AS FOLLOWS
	9213	+	40 [EFFECTIVE JULY 1, 2025]: Sec. 0.2. The amendments made to
	9214	+	41 IC 34-4-12.5-1 and IC 34-4-13.5-2 (before their repeal, now codified
	9215	+	42 at section 1 of this chapter and at IC 34-6-2 (before its repeal and
	9216	+	SB 80—LS 6051/DI 112 215
	9217	+	1 relocation to IC 34-6-2.1)) by P.L.144-1991 apply only to a gift of a
	9218	+	2 food item made after June 30, 1991.
	9219	+	3 SECTION 188. IC 34-30-15-8, AS AMENDED BY P.L.79-2016,
	9220	+	4 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9221	+	5 JULY 1, 2025]: Sec. 8. (a) Communications to, the records of, and
	9222	+	6 determinations of a peer review committee may only be disclosed to:
	9223	+	7 (1) the peer review committee of:
	9224	+	8 (A) a hospital;
	9225	+	9 (B) a nonprofit health care organization (described in
	9226	+	10 IC 34-6-2-117(23)); IC 34-6-2.1-165(23));
	9227	+	11 (C) a preferred provider organization (including a preferred
	9228	+	12 provider arrangement or reimbursement agreement under
	9229	+	13 IC 27-8-11);
	9230	+	14 (D) a health maintenance organization (as defined in
	9231	+	15 IC 27-13-1-19) or a limited service health maintenance
	9232	+	16 organization (as defined in IC 27-13-34-4);
	9233	+	17 (E) a provider organization (as defined in IC 16-18-2-296) that
	9234	+	18 is not owned by a hospital that includes the provider
	9235	+	19 organization's provision of services as part of the hospital's
	9236	+	20 peer review committee review;
	9237	+	21 (F) another health facility; or
	9238	+	22 (G) a medical school located in Indiana of which the
	9239	+	23 professional health care provider who is the subject of the peer
	9240	+	24 review is a faculty member;
	9241	+	25 (2) the disciplinary authority of the professional organization of
	9242	+	26 which the professional health care provider under question is a
	9243	+	27 member; or
	9244	+	28 (3) the appropriate state board of registration and licensure that
	9245	+	29 the committee considers necessary for recommended disciplinary
	9246	+	30 action;
	9247	+	31 and shall otherwise be kept confidential for use only within the scope
	9248	+	32 of the committee's work, unless the professional health care provider
	9249	+	33 has filed a prior written waiver of confidentiality with the peer review
	9250	+	34 committee.
	9251	+	35 (b) However, if a conflict exists between this section and
	9252	+	36 IC 27-13-31, the provisions of IC 27-13-31 control.
	9253	+	37 SECTION 189. IC 34-30-15-15 IS AMENDED TO READ AS
	9254	+	38 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. There is no liability
	9255	+	39 on the part of, and no action of any nature shall arise against, the
	9256	+	40 personnel of a peer review committee for any act, statement made in
	9257	+	41 the confines of the committee, or proceeding of the committee made in
	9258	+	42 good faith in regard to evaluation of patient care as that term is defined
	9259	+	SB 80—LS 6051/DI 112 216
	9260	+	1 and limited in IC 34-6-2-44. IC 34-6-2.1-60.
	9261	+	2 SECTION 190. IC 34-30-15-17 IS AMENDED TO READ AS
	9262	+	3 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. The personnel of a
	9263	+	4 peer review committee shall be immune from any civil action arising
	9264	+	5 from any determination made in good faith in regard to evaluation of
	9265	+	6 patient care as that term is defined and limited in IC 34-6-2-44.
	9266	+	7 IC 34-6-2.1-60.
	9267	+	8 SECTION 191. IC 34-30-15-18 IS AMENDED TO READ AS
	9268	+	9 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. No restraining
	9269	+	10 order or injunction shall be issued against a peer review committee or
	9270	+	11 any of the personnel thereof to interfere with the proper functions of the
	9271	+	12 committee acting in good faith in regard to evaluation of patient care
	9272	+	13 as that term is defined and limited in IC 34-6-2-44. IC 34-6-2.1-60.
	9273	+	14 SECTION 192. IC 34-43-1-5 IS AMENDED TO READ AS
	9274	+	15 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. When a:
	9275	+	16 (1) subpoena coupled with a request under Rule 34 of the Indiana
	9276	+	17 Rules of Trial Procedure;
	9277	+	18 (2) subpoena coupled with a patient's written authorization under
	9278	+	19 IC 34-6-2-15(2) IC 34-6-2.1-20(2) (or IC 34-3-15.5-4 before its
	9279	+	20 repeal); or
	9280	+	21 (3) court order;
	9281	+	22 requiring the production of a hospital medical record is served upon
	9282	+	23 any hospital employee, the hospital employee with custody of the
	9283	+	24 original hospital medical record may elect, instead of personally
	9284	+	25 appearing and producing the original hospital medical record, to
	9285	+	26 furnish the requesting party or the party's attorney with a photostatic
	9286	+	27 copy of the hospital medical record, certified in accordance with
	9287	+	28 section 7 of this chapter.
	9288	+	29 SECTION 193. IC 34-51-4-4 IS AMENDED TO READ AS
	9289	+	30 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. This chapter does not
	9290	+	31 impose liability for prejudgment interest on the state or any political
	9291	+	32 subdivision (as those terms are defined in IC 34-6-2-140
	9292	+	33 IC 34-6-2.1-193 and IC 34-6-2-110). IC 34-6-2.1-155).
	9293	+	34 SECTION 194. IC 34-55-6-5, AS AMENDED BY P.L.94-2014,
	9294	+	35 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9295	+	36 JULY 1, 2025]: Sec. 5. (a) The auctioneer's fee shall be a reasonable
	9296	+	37 amount stated in the court's order.
	9297	+	38 (b) This subsection does not apply to a partition action. If the sale
	9298	+	39 by use of an auctioneer has not been agreed to by the creditors in the
	9299	+	40 proceedings and the sale price is less than the sale price described in
	9300	+	41 IC 34-6-2-35, IC 34-6-2.1-51, the auctioneer is entitled only to the
	9301	+	42 auctioneer's advertising expenses plus one hundred dollars ($100).
	9302	+	SB 80—LS 6051/DI 112 217
	9303	+	1 (c) The amount due the auctioneer for the auctioneer's expenses and
	9304	+	2 fee, if any, shall be paid as a cost of the sale from the sale proceeds
	9305	+	3 before the payment of any other payment from the sale proceeds.
	9306	+	4 SECTION 195. IC 35-31.5-2-4, AS ADDED BY P.L.114-2012,
	9307	+	5 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9308	+	6 JULY 1, 2025]: Sec. 4. "Administer", for purposes of IC 35-48, has the
	9309	+	7 meaning set forth in IC 35-48-1-3. IC 35-48-1.1-3.
	9310	+	8 SECTION 196. IC 35-31.5-2-12, AS ADDED BY P.L.114-2012,
	9311	+	9 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9312	+	10 JULY 1, 2025]: Sec. 12. (a) Except as provided in subsection (b),
	9313	+	11 "agent" means an operator, a manager, an adult employee, or a security
	9314	+	12 agent employed by a store.
	9315	+	13 (b) "Agent", for purposes of IC 35-48, has the meaning set forth in
	9316	+	14 IC 35-48-1-5. IC 35-48-1.1-4.
	9317	+	15 SECTION 197. IC 35-31.5-2-44.8, AS ADDED BY P.L.13-2013,
	9318	+	16 SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9319	+	17 JULY 1, 2025]: Sec. 44.8. "Cocaine", for purposes of IC 35-48, has the
	9320	+	18 meaning set forth in IC 35-48-1-7. IC 35-48-1.1-6.
	9321	+	19 SECTION 198. IC 35-31.5-2-64, AS ADDED BY P.L.114-2012,
	9322	+	20 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9323	+	21 JULY 1, 2025]: Sec. 64. "Controlled substance", for purposes of
	9324	+	22 IC 35-48, has the meaning set forth in IC 35-48-1-9. IC 35-48-1.1-7.
	9325	+	23 SECTION 199. IC 35-31.5-2-65, AS ADDED BY P.L.114-2012,
	9326	+	24 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9327	+	25 JULY 1, 2025]: Sec. 65. "Controlled substance analog", for purposes
	9328	+	26 of IC 35-48, has the meaning set forth in IC 35-48-1-9.3.
	9329	+	27 IC 35-48-1.1-8.
	9330	+	28 SECTION 200. IC 35-31.5-2-68, AS ADDED BY P.L.114-2012,
	9331	+	29 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9332	+	30 JULY 1, 2025]: Sec. 68. "Counterfeit substance", for purposes of
	9333	+	31 IC 35-48, has the meaning set forth in IC 35-48-1-10. IC 35-48-1.1-9.
	9334	+	32 SECTION 201. IC 35-31.5-2-89, AS ADDED BY P.L.114-2012,
	9335	+	33 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9336	+	34 JULY 1, 2025]: Sec. 89. "Delivery", for purposes of IC 35-48, has the
	9337	+	35 meaning set forth in IC 35-48-1-11. IC 35-48-1.1-10.
	9338	+	36 SECTION 202. IC 35-31.5-2-96, AS AMENDED BY P.L.51-2019,
	9339	+	37 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9340	+	38 JULY 1, 2025]: Sec. 96. "Dispense", for purposes of IC 35-48, has the
	9341	+	39 meaning set forth in IC 35-48-1-12. IC 35-48-1.1-11.
	9342	+	40 SECTION 203. IC 35-31.5-2-97, AS ADDED BY P.L.114-2012,
	9343	+	41 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9344	+	42 JULY 1, 2025]: Sec. 97. "Dispenser", for purposes of IC 35-48, has the
	9345	+	SB 80—LS 6051/DI 112 218
	9346	+	1 meaning set forth in IC 35-48-1-13. IC 35-48-1.1-12.
	9347	+	2 SECTION 204. IC 35-31.5-2-100, AS AMENDED BY P.L.49-2020,
	9348	+	3 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9349	+	4 JULY 1, 2025]: Sec. 100. (a) "Distribute", for purposes of
	9350	+	5 IC 35-45-4-8, has the meaning set forth in IC 35-45-4-8.
	9351	+	6 (b) "Distribute", for purposes of IC 35-46-1-10, has the meaning set
	9352	+	7 forth in IC 35-46-1-10(f).
	9353	+	8 (c) "Distribute", for purposes of IC 35-46-1-10.2, has the meaning
	9354	+	9 set forth in IC 35-46-1-10.2(g).
	9355	+	10 (d) "Distribute", for purposes of IC 35-47.5, has the meaning set
	9356	+	11 forth in IC 35-47.5-2-6.
	9357	+	12 (e) "Distribute", for purposes of IC 35-48, has the meaning set forth
	9358	+	13 in IC 35-48-1-14. IC 35-48-1.1-13.
	9359	+	14 (f) "Distribute", for purposes of IC 35-49, has the meaning set forth
	9360	+	15 in IC 35-49-1-2.
	9361	+	16 SECTION 205. IC 35-31.5-2-101, AS ADDED BY P.L.114-2012,
	9362	+	17 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9363	+	18 JULY 1, 2025]: Sec. 101. "Distributor", for purposes of IC 35-48, has
	9364	+	19 the meaning set forth in IC 35-48-1-15. IC 35-48-1.1-14.
	9365	+	20 SECTION 206. IC 35-31.5-2-104, AS AMENDED BY
	9366	+	21 P.L.158-2013, SECTION 367, IS AMENDED TO READ AS
	9367	+	22 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 104. "Drug", for
	9368	+	23 purposes of IC 35-48, has the meaning set forth in IC 35-48-1-16.
	9369	+	24 IC 35-48-1.1-15.
	9370	+	25 SECTION 207. IC 35-31.5-2-117.5, AS ADDED BY P.L.158-2013,
	9371	+	26 SECTION 369, IS AMENDED TO READ AS FOLLOWS
	9372	+	27 [EFFECTIVE JULY 1, 2025]: Sec. 117.5. "Enhancing circumstance",
	9373	+	28 for purposes of IC 35-48, has the meaning set forth in IC 35-48-1-16.5.
	9374	+	29 IC 35-48-1.1-18.
	9375	+	30 SECTION 208. IC 35-31.5-2-127.5, AS ADDED BY P.L.182-2019,
	9376	+	31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9377	+	32 JULY 1, 2025]: Sec. 127.5. "Facility", for purposes of IC 35-48-1-16.5,
	9378	+	33 IC 35-48-1.1-18, has the meaning set forth in IC 35-48-1-16.5.
	9379	+	34 IC 35-48-1.1-18.
	9380	+	35 SECTION 209. IC 35-31.5-2-130.5, AS ADDED BY P.L.119-2019,
	9381	+	36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9382	+	37 JULY 1, 2025]: Sec. 130.5. "Fentanyl related substance", for purposes
	9383	+	38 of IC 35-48, has the meaning set forth in IC 35-48-1-16.6.
	9384	+	39 IC 35-48-1.1-20.
	9385	+	40 SECTION 210. IC 35-31.5-2-130.6, AS ADDED BY P.L.48-2023,
	9386	+	41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9387	+	42 JULY 1, 2025]: Sec. 130.6. "Fentanyl containing substance", for
	9388	+	SB 80—LS 6051/DI 112 219
	9389	+	1 purposes of IC 35-48, has the meaning set forth in IC 35-48-1-16.7.
	9390	+	2 IC 35-48-1.1-19.
	9391	+	3 SECTION 211. IC 35-31.5-2-150, AS AMENDED BY
	9392	+	4 P.L.266-2019, SECTION 12, IS AMENDED TO READ AS
	9393	+	5 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 150. (a) "Harassment",
	9394	+	6 for purposes of IC 35-45-10, has the meaning set forth in
	9395	+	7 IC 35-45-10-2.
	9396	+	8 (b) "Harassment", for purposes of IC 35-42-4-4, IC 35-46-1-15.1,
	9397	+	9 and IC 35-49-3-4, has the meaning set forth in IC 34-6-2-51.5.
	9398	+	10 IC 34-6-2.1-80.
	9399	+	11 SECTION 212. IC 35-31.5-2-150.5, AS ADDED BY P.L.153-2018,
	9400	+	12 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9401	+	13 JULY 1, 2025]: Sec. 150.5. "Hashish", for purposes of IC 35-48, has
	9402	+	14 the meaning set forth in IC 35-48-1-16.8. IC 35-48-1.1-21.
	9403	+	15 SECTION 213. IC 35-31.5-2-150.6, AS ADDED BY P.L.153-2018,
	9404	+	16 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9405	+	17 JULY 1, 2025]: Sec. 150.6. "Hash oil", for purposes of IC 35-48, has
	9406	+	18 the meaning set forth in IC 35-48-1-16.9. IC 35-48-1.1-22.
	9407	+	19 SECTION 214. IC 35-31.5-2-165, AS ADDED BY P.L.114-2012,
	9408	+	20 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9409	+	21 JULY 1, 2025]: Sec. 165. "Immediate precursor", for purposes of
	9410	+	22 IC 35-48, has the meaning set forth in IC 35-48-1-17. IC 35-48-1.1-25.
	9411	+	23 SECTION 215. IC 35-31.5-2-171.5, AS ADDED BY P.L.61-2020,
	9412	+	24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9413	+	25 JULY 1, 2025]: Sec. 171.5. "Isomer", for purposes of IC 35-48, has the
	9414	+	26 meaning set forth in IC 35-48-1-17.4. IC 35-48-1.1-26.
	9415	+	27 SECTION 216. IC 35-31.5-2-189.9, AS ADDED BY P.L.153-2018,
	9416	+	28 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9417	+	29 JULY 1, 2025]: Sec. 189.9. "Low THC hemp extract", for purposes of
	9418	+	30 IC 35-48, has the meaning set forth in IC 35-48-1-17.5.
	9419	+	31 IC 35-48-1.1-27.
	9420	+	32 SECTION 217. IC 35-31.5-2-192, AS ADDED BY P.L.114-2012,
	9421	+	33 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9422	+	34 JULY 1, 2025]: Sec. 192. "Manufacture", for purposes of IC 35-48, has
	9423	+	35 the meaning set forth in IC 35-48-1-18. IC 35-48-1.1-28.
	9424	+	36 SECTION 218. IC 35-31.5-2-195, AS ADDED BY P.L.114-2012,
	9425	+	37 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9426	+	38 JULY 1, 2025]: Sec. 195. "Marijuana", for purposes of IC 35-48, has
	9427	+	39 the meaning set forth in IC 35-48-1-19. IC 35-48-1.1-29.
	9428	+	40 SECTION 219. IC 35-31.5-2-209, AS ADDED BY P.L.114-2012,
	9429	+	41 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9430	+	42 JULY 1, 2025]: Sec. 209. "Narcotic drug", for purposes of IC 35-48,
	9431	+	SB 80—LS 6051/DI 112 220
	9432	+	1 has the meaning set forth in IC 35-48-1-20. IC 35-48-1.1-30.
	9433	+	2 SECTION 220. IC 35-31.5-2-220, AS ADDED BY P.L.114-2012,
	9434	+	3 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9435	+	4 JULY 1, 2025]: Sec. 220. "Opiate", for purposes of IC 35-48, has the
	9436	+	5 meaning set forth in IC 35-48-1-21. IC 35-48-1.1-31.
	9437	+	6 SECTION 221. IC 35-31.5-2-221, AS ADDED BY P.L.114-2012,
	9438	+	7 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9439	+	8 JULY 1, 2025]: Sec. 221. "Opium poppy", for purposes of IC 35-48,
	9440	+	9 has the meaning set forth in IC 35-48-1-22. IC 35-48-1.1-32.
	9441	+	10 SECTION 222. IC 35-31.5-2-239, AS ADDED BY P.L.114-2012,
	9442	+	11 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9443	+	12 JULY 1, 2025]: Sec. 239. "Poppy straw", for purposes of IC 35-48, has
	9444	+	13 the meaning set forth in IC 35-48-1-23. IC 35-48-1.1-33.
	9445	+	14 SECTION 223. IC 35-31.5-2-242, AS AMENDED BY P.L.51-2019,
	9446	+	15 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9447	+	16 JULY 1, 2025]: Sec. 242. "Practitioner", for purposes of IC 35-48, has
	9448	+	17 the meaning set forth in IC 35-48-1-24. IC 35-48-1.1-34.
	9449	+	18 SECTION 224. IC 35-31.5-2-244, AS AMENDED BY
	9450	+	19 P.L.168-2014, SECTION 51, IS AMENDED TO READ AS
	9451	+	20 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 244. "Prescription
	9452	+	21 drug", for purposes of IC 35-48, has the meaning set forth in
	9453	+	22 IC 35-48-1-25. IC 35-48-1.1-35.
	9454	+	23 SECTION 225. IC 35-31.5-2-248.2, AS ADDED BY P.L.13-2013,
	9455	+	24 SECTION 127, IS AMENDED TO READ AS FOLLOWS
	9456	+	25 [EFFECTIVE JULY 1, 2025]: Sec. 248.2. "Production", for purposes
	9457	+	26 of IC 35-48, has the meaning set forth in IC 35-48-1-26.
	9458	+	27 IC 35-48-1.1-36.
	9459	+	28 SECTION 226. IC 35-31.5-2-321, AS AMENDED BY P.L.48-2023,
	9460	+	29 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9461	+	30 JULY 1, 2025]: Sec. 321. "Synthetic drug" means the following:
	9462	+	31 (1) A substance containing one (1) or more of the following
	9463	+	32 chemical compounds, including an analog of the compound:
	9464	+	33 (A) JWH-015 ((2-Methyl-1-propyl-1H-
	9465	+	34 indol-3-yl)-1-naphthalenylmethanone).
	9466	+	35 (B) JWH-018 (1-pentyl-3-(1-naphthoyl)indole).
	9467	+	36 (C) JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole).
	9468	+	37 (D) JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone).
	9469	+	38 (E) JWH-081 (4-methoxynaphthalen- 1-yl- (1-pentylindol-
	9470	+	39 3-yl)methanone).
	9471	+	40 (F) JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
	9472	+	41 (G) JWH-200 ((1-(2-morpholin-4-ylethyl)indol-3-yl)-
	9473	+	42 naphthalen-1-yl-methanone).
	9474	+	SB 80—LS 6051/DI 112 221
	9475	+	1 (H) JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole).
	9476	+	2 (I) JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole).
	9477	+	3 (J) JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole).
	9478	+	4 (K) HU-210 ((6aR,10aR)- 9-(Hydroxymethyl)- 6,6-dimethyl-
	9479	+	5 3-(2-methyloctan-2-yl)-
	9480	+	6 6a,7,10,10a-tetrahydrobenzo [c]chromen- 1-ol).
	9481	+	7 (L) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)- 6,6-dimethyl-
	9482	+	8 3-(2-methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo
	9483	+	9 [c]chromen-1-ol).
	9484	+	10 (M) HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-
	9485	+	11 (2-methyloctan- 2-yl)phenyl]-
	9486	+	12 7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl] methanol).
	9487	+	13 (N) HU-331 (3-hydroxy-2- [(1R,6R)-3-methyl-6-
	9488	+	14 (1-methylethenyl)-2 -cyclohexen-1-yl]-5
	9489	+	15 -pentyl-2,5-cyclohexadiene-1,4-dione).
	9490	+	16 (O) CP 55,940
	9491	+	17 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]-
	9492	+	18 5- (2-methyloctan-2-yl)phenol).
	9493	+	19 (P) CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5-
	9494	+	20 (2-methyloctan-2-yl)phenol) and its homologues, or
	9495	+	21 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)
	9496	+	22 phenol), where side chain n=5, and homologues where side
	9497	+	23 chain n=4, 6, or 7.
	9498	+	24 (Q) WIN 55212-2
	9499	+	25 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)
	9500	+	26 pyrrolo [1,2,3-de)- 1,4- benzoxazin-
	9501	+	27 6-yl]-1-napthalenylmethanone).
	9502	+	28 (R) RCS-4 ((4-methoxyphenyl)
	9503	+	29 (1-pentyl-1H-indol-3-yl)methanone).
	9504	+	30 (S) RCS-8 (1-(1-(2-cyclohexylethyl)-1H-
	9505	+	31 indol-3-yl)-2-(2-methoxyphenyl)ethanone).
	9506	+	32 (T) 4-Methylmethcathinone. Other name: mephedrone.
	9507	+	33 (U) 3,4-Methylenedioxymethcathinone. Other name:
	9508	+	34 methylone.
	9509	+	35 (V) Fluoromethcathinone.
	9510	+	36 (W) 4-Methoxymethcathinone. Other name: methedrone.
	9511	+	37 (X) 4-Ethylmethcathinone (4-EMC).
	9512	+	38 (Y) Methylenedioxypyrovalerone. Other name: MDPV.
	9513	+	39 (Z) JWH-007, or 1-pentyl-2-methyl-3-(1-naphthoyl)indole.
	9514	+	40 (AA) JWH-098, or
	9515	+	41 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole.
	9516	+	42 (BB) JWH-164, or
	9517	+	SB 80—LS 6051/DI 112 222
	9518	+	1 1-pentyl-3-(7-methoxy-1-naphthoyl)indole.
	9519	+	2 (CC) JWH-210, or 1-pentyl-3-(4-ethyl-1-naphthoyl)indole.
	9520	+	3 (DD) JWH-201, or
	9521	+	4 1-pentyl-3-(4-methoxyphenylacetyl)indole.
	9522	+	5 (EE) JWH-203, or 1-pentyl-3-(2-chlorophenylacetyl)indole.
	9523	+	6 (FF) AM-694, or
	9524	+	7 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole.
	9525	+	8 (GG) CP 50,556-1, or
	9526	+	9 [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpe
	9527	+	10 ntan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1
	9528	+	11 -yl] acetate.
	9529	+	12 (HH) Dimethylheptylpyran, or DMHP.
	9530	+	13 (II) 4-Methyl-alpha-pyrrolidinobutiophenone, or MPBP.
	9531	+	14 (JJ) 6-APB [6-(2-aminopropyl)benzofuran].
	9532	+	15 (LL) 7-hydroxymitragynine.
	9533	+	16 (MM) á-PPP [á-pyrrolidinopropiophenone].
	9534	+	17 (NN) á-PVP (desmethylpyrovalerone).
	9535	+	18 (OO) AM-251.
	9536	+	19 (PP) AM-1241.
	9537	+	20 (QQ) AM-2201.
	9538	+	21 (RR) AM-2233.
	9539	+	22 (SS) Buphedrone (á-methylamino-butyrophenone (MABP)).
	9540	+	23 (TT) Butylone.
	9541	+	24 (UU) CP-47,497-C7.
	9542	+	25 (VV) CP-47,497-C8.
	9543	+	26 (WW) Desoxypipradol.
	9544	+	27 (XX) Ethylone.
	9545	+	28 (YY) Eutylone.
	9546	+	29 (ZZ) Flephedrone.
	9547	+	30 (AAA) JWH-011.
	9548	+	31 (BBB) JWH-020.
	9549	+	32 (CCC) JWH-022.
	9550	+	33 (DDD) JWH-030.
	9551	+	34 (EEE) JWH-182.
	9552	+	35 (FFF) JWH-302.
	9553	+	36 (GGG) MDAI [5,6-methylenedioxy-2-aminoindane].
	9554	+	37 (HHH) Mitragynine.
	9555	+	38 (III) Naphyrone.
	9556	+	39 (JJJ) Pentedrone.
	9557	+	40 (LLL) Pentylone.
	9558	+	41 (MMM) A796,260 [1-(2-morpholin-4-ylethyl)-1H-indol-3-yl]-
	9559	+	42 (2,2,3,3-tetramethylcyclopropyl)methanone].
	9560	+	SB 80—LS 6051/DI 112 223
	9561	+	1 (NNN) AB-001[(1s,3s)-admantan-1-yl)
	9562	+	2 (1-pentyl-1H-indol-3-yl)methanone] or [1-Pentyl-3-
	9563	+	3 (1-adamantoyl)indole].
	9564	+	4 (OOO) AM-356 [Methanandamide].
	9565	+	5 (PPP) AM 1248 [1-[(1-methyl-2- piperidinyl) methyl]-
	9566	+	6 1H-indol-3-yl] tricyclo[3.3.1.13,7] dec-1-yl-methanone]or
	9567	+	7 [(1-[(N-methylpiperindin-2-yl)
	9568	+	8 Methyl]-3-(Adamant-1-oyl)indole)].
	9569	+	9 (QQQ) AM 2233 Azepane isomer [(2-iodophenyl)
	9570	+	10 (1-(1-methylazepan-3-yl)- 1H-indol-3-yl)methanone].
	9571	+	11 (RRR) CB-13 [1-Naphthalenyl
	9572	+	12 [4-(pentyoxy)- 1-naphthalenyl]methanone].
	9573	+	13 (SSS) UR-144 [(1-pentyl-1H-indol-3-yl)
	9574	+	14 (2,2,3,3-tetramethylcyclopropyl)-methanone].
	9575	+	15 (TTT) URB 597 [(3'-(aminocarbonyl) [1,1'-biphenyl]-3-yl)-
	9576	+	16 cyclohexylcarbamate].
	9577	+	17 (UUU) URB602 [[1,1'-biphenyl]- 3-yl-carbamic acid,
	9578	+	18 cyclohexyl ester].
	9579	+	19 (VVV) URB 754 [6-methyl-2-[(4-methylphenyl)
	9580	+	20 amino]-1-benzoxazin-4-one].
	9581	+	21 (WWW) XLR-11 or 5-fluoro UR-144
	9582	+	22 (1-(5-fluoropentyl)-1H-indol-3-yl)
	9583	+	23 (2,2,3,3-tetramethylcyclopropyl)methanone].
	9584	+	24 (XXX) AKB48 (Other names include:
	9585	+	25 N-Adamantyl-1-pentyl-1H-Indazole-3-carboxamide;
	9586	+	26 1-pentyl-N-tricyclo[3.3.1.13.7]dec-1-yl-1H-indazole-3-
	9587	+	27 carboxamide).
	9588	+	28 (YYY) 25I-NBOMe (Other names include:
	9589	+	29 4-Iodo-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]-
	9590	+	30 benzeneethanamine);
	9591	+	31 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)
	9592	+	32 methyl]ethanamine).
	9593	+	33 (ZZZ) 2C-C-NBOMe (Other names include: 25C-NBOMe;
	9594	+	34 2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)
	9595	+	35 methyl]ethanamine;
	9596	+	36 2,5-Dimethoxy-4-chloro-N-(2-methoxybenzyl)
	9597	+	37 phenethylamine).
	9598	+	38 (AAAA) 2NE-1 (Other names include: 1-Pentyl-3-
	9599	+	39 (1-adamantylamido)indole).
	9600	+	40 (BBBB) STS-135 (Other names include:
	9601	+	41 N-Adamantyl-1-fluoropentylindole-3- carboxamide
	9602	+	42 (1-5-fluoropentyl)-N-tricyclo[3.3.1.13.7]dec-1-yl-1H-
	9603	+	SB 80—LS 6051/DI 112 224
	9604	+	1 indole-3-carboxamide).
	9605	+	2 (CCCC) PB-22 (Other names include: 1-Pentyl-8-quinolinlyl
	9606	+	3 ester-1H-indole-2-carboxylic acid).
	9607	+	4 (DDDD) 5-Fluoro-PB-22 (Other names include:
	9608	+	5 1-(5-Fluropentyl)-8-quinolinyl ester1H-indole-3-carboxylic
	9609	+	6 acid).
	9610	+	7 (EEEE) Benocyclidine (Other names include: BCP, BTCP,
	9611	+	8 and Benzothiophenylcyclohexylpiperidine).
	9612	+	9 (FFFF) 25B-NBOMe (Other names include: 2C-B-NBOMe
	9613	+	10 and 4-Bromo-2,
	9614	+	11 5-dimenthoxy-N-[(2-Methozyphenyl)methyl]
	9615	+	12 benzeneethanamine).
	9616	+	13 (GGGG) APB (Other names include: (2-Aminopropyl)
	9617	+	14 Benzofuran).
	9618	+	15 (HHHH) AB-PINACA
	9619	+	16 (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-
	9620	+	17 indazole-3-carboxamide.
	9621	+	18 (IIII) AB-FUBINACA
	9622	+	19 (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-
	9623	+	20 1H-indazole-3-carboxamide).
	9624	+	21 (JJJJ) ADB-PINACA
	9625	+	22 (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-
	9626	+	23 indaole-3-carboxamide).
	9627	+	24 (KKKK) Fluoro ADBICA (N-(1-Amino-3,3-
	9628	+	25 dimethyl-1-oxobutan-2-yl)-(fluoropentyl)-1H-indole-3-
	9629	+	26 carboxamide).
	9630	+	27 (LLLL) APDB (Other names include: -EMA, -Desoxy-MDA,
	9631	+	28 and (2-Aminopropyl)-2,3-
	9632	+	29 dihydrobenzofuran).
	9633	+	30 (MMMM) THJ-2201 (Other names include: AM2201 indazole
	9634	+	31 analog, Fluoropentyl-JWH-018 indazole, and
	9635	+	32 5-Fluoro-THJ-018).
	9636	+	33 (NNNN) AM 2201 benzimidazole analog (Other names
	9637	+	34 include: FUBIMINA, FTHJ, and (1-(5-fluoropentyl)-1H-
	9638	+	35 benzo[d]imidazol-2-yl)(naphthalene-1-yl)methanone).
	9639	+	36 (OOOO) MN-25 (Other names include: 7-methoxy-1-
	9640	+	37 [2-(4-morpholinyl)ethyl]-N-[1S, 2S, 4R)-1,3,3-
	9641	+	38 trimethylbicyclo[2.2.1]hept-2-yl]-1H-indole-3-carboxamide
	9642	+	39 and UR-12).
	9643	+	40 (PPPP) FUB-PB-22 (Other names include:
	9644	+	41 Quinolin-8-yl-1-(4-fluorobenzyl)-1H-indole-3-carboxylate).
	9645	+	42 (QQQQ) FUD-PB-22 (Other names include:
	9646	+	SB 80—LS 6051/DI 112 225
	9647	+	1 Naphthalen-1-yl-1-(4-fluorobenzyl)-1H-indole-3-carboxylate).
	9648	+	2 (RRRR) 5-Fluoro-AB-PINACA (Other names include:
	9649	+	3 AB-PINACA 5-fluoro analog and N-(1-amino-3-methyl1-
	9650	+	4 oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-
	9651	+	5 carboxaminde).
	9652	+	6 (SSSS) 4-MePPP (Other names include:
	9653	+	7 4-methyl-alpha-pyrrolidinopropiophenone).
	9654	+	8 (TTTT) alpha-PBP (Other names include:
	9655	+	9 Alpha-pyrrolidinobutiophenone).
	9656	+	10 (UUUU) AB-CHMINACA (Other names include:
	9657	+	11 (N-[1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethy
	9658	+	12 l)-1H-indazole-3-carboxamide).
	9659	+	13 (VVVV) Mexedrone
	9660	+	14 (3-methoxy-2-(methylamino)-1-(p-tolyl)propan-1-one).
	9661	+	15 (WWWW) MT-45,
	9662	+	16 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine).
	9663	+	17 (XXXX) methyl 2-(1-(5-fluoropentyl)- 1H-indazole-3-
	9664	+	18 carboxamido) -3,3-dimethylbutanoate [5F-ADB;
	9665	+	19 5F-MDMB-PINACA].
	9666	+	20 (YYYY) methyl 2-(1-(5-fluoropentyl)-1H- indazole-3-
	9667	+	21 carboxamido)-3-methylbutanoate [5F-AMB].
	9668	+	22 (ZZZZ) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)
	9669	+	23 -1-(4-fluorobenzyl)- 1H-indazole-3-carboxamide
	9670	+	24 [ADB-FUBINACA].
	9671	+	25 (AAAAA) N-(adamantan-1-yl)-1-(5-fluoropentyl)-
	9672	+	26 1H-indazole-3- carboxamide [5F-APINACA, 5F-AKB48].
	9673	+	27 (BBBBB) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-
	9674	+	28 carboxamido)-3,3-dimethylbutanoate [MDMB-CHMICA,
	9675	+	29 MMB-CHMINACA].
	9676	+	30 (CCCCC) methyl 2-(1-(4-fluorobenzyl)-
	9677	+	31 1H-indazole-3-carboxamido)- 3,3-dimethylbutanoate
	9678	+	32 [MDMB-FUBINACA].
	9679	+	33 (DDDDD) N-(1-amino-3,3-dimethyl-1 -oxobutan-2-yl)-1-
	9680	+	34 (cyclohexylmethyl)- 1H-indazole-3-carboxamide
	9681	+	35 [MAB-CHMINACA and ADB-CHMINACA].
	9682	+	36 (EEEEE) Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-
	9683	+	37 3-carboxamido)- 3-methylbutanoate [FUB-AMB,
	9684	+	38 MMB-FUBINACA, AMB-FUBINACA].
	9685	+	39 (FFFFF) 3,4-dichloro-N-[(1dimethylamino)cyclohexylme
	9686	+	40 thyl]benzamide) [AH7921].
	9687	+	41 (GGGGG) Naphthalen-1-yl 1-(5-fluoropentyl)-1
	9688	+	42 H-indole-3-carboxylate (trivial name: NM2201; CBL2201)
	9689	+	SB 80—LS 6051/DI 112 226
	9690	+	1 (HHHHH) 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1
	9691	+	2 H-indazole-3-carboxamide (trivial name:
	9692	+	3 4-CN-CUMYL-BUTINACA; 4-cyano-CUMYL-BUTINA CA;
	9693	+	4 4-CN-CUMYL BINACA; CUMYL-4CN-BINACA; SGT-78).
	9694	+	5 (IIIII) methyl 2-(1-(cyclohexylmethyl)-1
	9695	+	6 H-indole-3-carboxamido)-3-methylbutanoate (trivial names:
	9696	+	7 MMB-CHMICA, AMB-CHMICA).
	9697	+	8 (JJJJJ) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1
	9698	+	9 H-pyrrolo[2,3-b]pyridine-3-carboxamide (trivial name:
	9699	+	10 5F-CUMYL-P7AICA).
	9700	+	11 (KKKKK) N-1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-1-p
	9701	+	12 entanone (N-ethylpentylone, ephylone).
	9702	+	13 (LLLLL) Synthetic cathinone, 1-(1,3-benzodioxol-5-yl)-2-
	9703	+	14 (ethylamino)- pentan-1-one (N-ethylpentylone, ephylone) and
	9704	+	15 its optical, positional, and geometric isomers, salts, and salts
	9705	+	16 of isomers.
	9706	+	17 (MMMMM) ethyl
	9707	+	18 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-
	9708	+	19 dimethylbutanoate (trivial name: 5F-EDMB-PINACA).
	9709	+	20 (NNNNN) methyl 2-(1-(5- fluoropentyl)-1H-indole-3-
	9710	+	21 carboxamido)-3,3-dimethylbutanoate (trivial name:
	9711	+	22 5F-MDMB-PICA).
	9712	+	23 (OOOOO) N- (adamantan- 1-yl)- 1-(4-fluorobenzyl)-
	9713	+	24 1H-indazole-3-carboxamide (trivial names: FUB-AKB48;
	9714	+	25 FUB-APINACA; AKB48 N- (4-FLUOROBENZYL)).
	9715	+	26 (PPPPP) 1-(5- fluoropentyl)-N-(2-phenylpropan-2-yl)-
	9716	+	27 1H-indazole-3-carboxamide (trivial names:
	9717	+	28 5F-CUMYL-PINACA; SGT-25).
	9718	+	29 (QQQQQ) (1-(4-fluorobenzyl)-1H-indol-3-
	9719	+	30 yl)(2,2,3,3-tetramethylcyclopropyl) methanone (trivial name:
	9720	+	31 FUB-144).
	9721	+	32 (RRRRR) 4F-MDMB-BINACA.
	9722	+	33 (SSSSS) N-ethylhexedrone
	9723	+	34 (2-(ethylamino)-1-phenylhexan-1-one).
	9724	+	35 (TTTTT) alpha-pyrrolidinohexanophenone
	9725	+	36 (1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one.
	9726	+	37 (UUUUU) alpha-pyrrolidinohexiophenone; trivial name:
	9727	+	38 a-PHP.
	9728	+	39 (VVVVV) 4'-methyl-alpha-pyrrolidinohexiophenone
	9729	+	40 (1-(4-methylphenyl)-2-(pyrrolidin-1-yl)hexan-1-one.
	9730	+	41 (WWWWW) 4-methyl-alphaethylaminopentiophenone
	9731	+	42 (2-(ethylamino)-1-(4-methylphenyl)pentan-1-one; trivial
	9732	+	SB 80—LS 6051/DI 112 227
	9733	+	1 name: 4–MEAP.
	9734	+	2 (XXXXX) 4'-methyl-alphapyrrolidinohexanophenone; trivial
	9735	+	3 name: MPHP.
	9736	+	4 (YYYYY) alphapyrrolidinoheptaphenone
	9737	+	5 (1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one; trivial name: PV8.
	9738	+	6 (ZZZZZ) 4'-chloro-alphapyrrolidinovalerophenone (1-(4-
	9739	+	7 chlorophenyl)-2-(pyrrolidin-1- yl)pentan-1-one.
	9740	+	8 (AAAAAA) 4'-chloro-alphapyrrolidinopentiophenone; trivial
	9741	+	9 name: 4-chloro-a-PVP.
	9742	+	10 (BBBBBB) MDMB-4en-PINACA; Methyl
	9743	+	11 3,3-dimethyl-2-(1-(pent-4-en-1-yl)-1H[1]indazole-3-carboxa
	9744	+	12 mido)butanoate.
	9745	+	13 (CCCCCC) 4F-MDMB-BICA; 4-fluoro MDMB-BICA;
	9746	+	14 4F-MDMB-BUTICA; Methyl
	9747	+	15 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,
	9748	+	16 3-dimethyl-butanoate. Other name: 4-fluoro MDMB-BICA.
	9749	+	17 (2) Any compound structurally derived from
	9750	+	18 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by
	9751	+	19 substitution at the nitrogen atom of the indole ring by alkyl,
	9752	+	20 haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
	9753	+	21 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or
	9754	+	22 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
	9755	+	23 morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
	9756	+	24 or not further substituted in the indole ring to any extent and
	9757	+	25 whether or not substituted in the naphthyl ring to any extent.
	9758	+	26 (3) Any compound structurally derived from 3-(1-naphthoyl)
	9759	+	27 pyrrole by substitution at the nitrogen atom of the pyrrole ring by
	9760	+	28 alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,
	9761	+	29 cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
	9762	+	30 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl,
	9763	+	31 1-(N-methyl-3- morpholinyl)methyl, or tetrahydropyranylmethyl
	9764	+	32 group, whether or not further substituted in the pyrrole ring to any
	9765	+	33 extent and whether or not substituted in the naphthyl ring to any
	9766	+	34 extent.
	9767	+	35 (4) Any compound structurally derived from
	9768	+	36 1-(1-naphthylmethyl)indene by substitution at the 3-position of
	9769	+	37 the indene ring by alkyl, haloalkyl, cyanoalkyl, alkenyl,
	9770	+	38 cycloalkylmethyl, cycloalkylethyl,
	9771	+	39 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or
	9772	+	40 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
	9773	+	41 morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
	9774	+	42 or not further substituted in the indene ring to any extent and
	9775	+	SB 80—LS 6051/DI 112 228
	9776	+	1 whether or not substituted in the naphthyl ring to any extent.
	9777	+	2 (5) Any compound structurally derived from 3-phenylacetylindole
	9778	+	3 by substitution at the nitrogen atom of the indole ring with alkyl,
	9779	+	4 haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
	9780	+	5 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or
	9781	+	6 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
	9782	+	7 morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
	9783	+	8 or not further substituted in the indole ring to any extent and
	9784	+	9 whether or not substituted in the phenyl ring to any extent.
	9785	+	10 (6) Any compound structurally derived from
	9786	+	11 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position
	9787	+	12 of the phenolic ring by alkyl, haloalkyl, cyanoalkyl, alkenyl,
	9788	+	13 cycloalkylmethyl, cycloalkylethyl,
	9789	+	14 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or
	9790	+	15 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
	9791	+	16 morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
	9792	+	17 or not substituted in the cyclohexyl ring to any extent.
	9793	+	18 (7) Any compound containing a 3-(benzoyl)indole structure with
	9794	+	19 substitution at the nitrogen atom of the indole ring by alkyl,
	9795	+	20 haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
	9796	+	21 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or
	9797	+	22 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
	9798	+	23 morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
	9799	+	24 or not further substituted in the indole ring to any extent and
	9800	+	25 whether or not substituted in the phenyl ring to any extent.
	9801	+	26 (8) Any compound, except bupropion or a compound listed under
	9802	+	27 a different schedule, structurally derived from
	9803	+	28 2-aminopropan-1-one by substitution at the 1-position with either
	9804	+	29 phenyl, naphthyl, or thiophene ring systems, whether or not the
	9805	+	30 compound is further modified:
	9806	+	31 (A) by substitution in the ring system to any extent with alkyl,
	9807	+	32 alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide
	9808	+	33 substituents, whether or not further substituted in the ring
	9809	+	34 system by one or more other univalent substituents;
	9810	+	35 (B) by substitution at the 3-position with an acyclic alkyl
	9811	+	36 substituent;
	9812	+	37 (C) by substitution at the 2-amino nitrogen atom with alkyl,
	9813	+	38 dialkyl, benzyl, or methoxybenzyl groups; or
	9814	+	39 (D) by inclusion of the 2-amino nitrogen atom in a cyclic
	9815	+	40 structure.
	9816	+	41 (9) Any compound structurally derived from 3-tetramethyl
	9817	+	42 cyclopropanoylindole with substitution at the nitrogen atom of the
	9818	+	SB 80—LS 6051/DI 112 229
	9819	+	1 indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl,
	9820	+	2 cycloalkylmethyl, cycloalkylethyl,
	9821	+	3 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl) ethyl,
	9822	+	4 1-(N-methyl-2-pyrrolidinyl) methyl, 1-(N-methyl-3-
	9823	+	5 morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
	9824	+	6 or not further substituted in the indole ring to any extent and
	9825	+	7 whether or not substituted in the tetramethylcyclopropyl ring to
	9826	+	8 any extent.
	9827	+	9 (10) Any compound containing a N-(1-adamantyl)-
	9828	+	10 1H-indazole-3-carboxamide structure with substitution at the
	9829	+	11 nitrogen atom of the indazole ring by an alkyl, haloalkyl,
	9830	+	12 cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
	9831	+	13 1-(N-methyl-2- piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
	9832	+	14 1-(N-methyl-2-pyrrolidinyl)methyl,
	9833	+	15 1-(N-methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl
	9834	+	16 group, whether or not further substituted at the nitrogen atom of
	9835	+	17 the carboxamide to any extent, whether or not further substituted
	9836	+	18 in the indazole ring to any extent, and whether or not further
	9837	+	19 substituted on the adamantyl ring system to any extent. An
	9838	+	20 example of this structural class includes AKB48.
	9839	+	21 (11) Any compound containing a N-(1-adamantyl)-
	9840	+	22 1H-indole-3-carboxamide structure with substitution at the
	9841	+	23 nitrogen atom of the indole ring by an alkyl, haloalkyl,
	9842	+	24 cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
	9843	+	25 1-(N-methyl-2- piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
	9844	+	26 1-(N-methyl-2-pyrrolidinyl)methyl,
	9845	+	27 1-(N-methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl
	9846	+	28 group, whether or not further substituted at the nitrogen atom of
	9847	+	29 the carboxamide to any extent, whether or not further substituted
	9848	+	30 in the indole ring to any extent, and whether or not further
	9849	+	31 substituted on the adamantyl ring system to any extent. An
	9850	+	32 example of this structural class includes STS-135.
	9851	+	33 (12) Any compound containing a 3-(1-adamantoyl)indole
	9852	+	34 structure with substitution at the nitrogen atom of the indole ring
	9853	+	35 by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,
	9854	+	36 cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, or
	9855	+	37 2-(4-morpholinyl)ethyl, 1-(N-methyl-2- pyrrolidinyl)methyl,
	9856	+	38 1-(N-methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl
	9857	+	39 group, whether or not further substituted on the adamantyl ring
	9858	+	40 system to any extent. An example of this structural class includes
	9859	+	41 AM-1248.
	9860	+	42 (13) Any compound determined to be a synthetic drug by rule
	9861	+	SB 80—LS 6051/DI 112 230
	9862	+	1 adopted under IC 25-26-13-4.1.
	9863	+	2 SECTION 227. IC 35-31.5-2-339, AS ADDED BY P.L.114-2012,
	9864	+	3 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9865	+	4 JULY 1, 2025]: Sec. 339. "Ultimate user", for purposes of IC 35-48,
	9866	+	5 has the meaning set forth in IC 35-48-1-27. IC 35-48-1.1-39.
	9867	+	6 SECTION 228. IC 35-33-1-1, AS AMENDED BY P.L.112-2023,
9231	9868		7 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9232		-	8 JULY 1, 2025]: Sec. 8. (a) Communications to, the records of, and
9233		-	9 determinations of a peer review committee may only be disclosed to:
9234		-	10 (1) the peer review committee of:
9235		-	11 (A) a hospital;
9236		-	12 (B) a nonprofit health care organization (described in
9237		-	13 IC 34-6-2-117(23)); IC 34-6-2.1-165(23));
9238		-	14 (C) a preferred provider organization (including a preferred
9239		-	15 provider arrangement or reimbursement agreement under
9240		-	16 IC 27-8-11);
9241		-	17 (D) a health maintenance organization (as defined in
9242		-	18 IC 27-13-1-19) or a limited service health maintenance
9243		-	19 organization (as defined in IC 27-13-34-4);
9244		-	20 (E) a provider organization (as defined in IC 16-18-2-296) that
9245		-	21 is not owned by a hospital that includes the provider
9246		-	22 organization's provision of services as part of the hospital's
9247		-	23 peer review committee review;
9248		-	24 (F) another health facility; or
9249		-	25 (G) a medical school located in Indiana of which the
9250		-	26 professional health care provider who is the subject of the peer
9251		-	27 review is a faculty member;
9252		-	28 (2) the disciplinary authority of the professional organization of
9253		-	29 which the professional health care provider under question is a
9254		-	30 member; or
9255		-	31 (3) the appropriate state board of registration and licensure that
9256		-	32 the committee considers necessary for recommended disciplinary
9257		-	33 action;
9258		-	34 and shall otherwise be kept confidential for use only within the scope
9259		-	35 of the committee's work, unless the professional health care provider
9260		-	36 has filed a prior written waiver of confidentiality with the peer review
9261		-	37 committee.
9262		-	38 (b) However, if a conflict exists between this section and
9263		-	39 IC 27-13-31, the provisions of IC 27-13-31 control.
9264		-	40 SECTION 189. IC 34-30-15-15 IS AMENDED TO READ AS
9265		-	41 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. There is no liability
9266		-	42 on the part of, and no action of any nature shall arise against, the
9267		-	ES 80—LS 6051/DI 112 216
9268		-	1 personnel of a peer review committee for any act, statement made in
9269		-	2 the confines of the committee, or proceeding of the committee made in
9270		-	3 good faith in regard to evaluation of patient care as that term is defined
9271		-	4 and limited in IC 34-6-2-44. IC 34-6-2.1-60.
9272		-	5 SECTION 190. IC 34-30-15-17 IS AMENDED TO READ AS
9273		-	6 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. The personnel of a
9274		-	7 peer review committee shall be immune from any civil action arising
9275		-	8 from any determination made in good faith in regard to evaluation of
9276		-	9 patient care as that term is defined and limited in IC 34-6-2-44.
9277		-	10 IC 34-6-2.1-60.
9278		-	11 SECTION 191. IC 34-30-15-18 IS AMENDED TO READ AS
9279		-	12 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. No restraining
9280		-	13 order or injunction shall be issued against a peer review committee or
9281		-	14 any of the personnel thereof to interfere with the proper functions of the
9282		-	15 committee acting in good faith in regard to evaluation of patient care
9283		-	16 as that term is defined and limited in IC 34-6-2-44. IC 34-6-2.1-60.
9284		-	17 SECTION 192. IC 34-43-1-5 IS AMENDED TO READ AS
9285		-	18 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. When a:
9286		-	19 (1) subpoena coupled with a request under Rule 34 of the Indiana
9287		-	20 Rules of Trial Procedure;
9288		-	21 (2) subpoena coupled with a patient's written authorization under
9289		-	22 IC 34-6-2-15(2) IC 34-6-2.1-20(2) (or IC 34-3-15.5-4 before its
9290		-	23 repeal); or
9291		-	24 (3) court order;
9292		-	25 requiring the production of a hospital medical record is served upon
9293		-	26 any hospital employee, the hospital employee with custody of the
9294		-	27 original hospital medical record may elect, instead of personally
9295		-	28 appearing and producing the original hospital medical record, to
9296		-	29 furnish the requesting party or the party's attorney with a photostatic
9297		-	30 copy of the hospital medical record, certified in accordance with
9298		-	31 section 7 of this chapter.
9299		-	32 SECTION 193. IC 34-51-4-4 IS AMENDED TO READ AS
9300		-	33 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. This chapter does not
9301		-	34 impose liability for prejudgment interest on the state or any political
9302		-	35 subdivision (as those terms are defined in IC 34-6-2-140
9303		-	36 IC 34-6-2.1-193 and IC 34-6-2-110). IC 34-6-2.1-155).
9304		-	37 SECTION 194. IC 34-55-6-5, AS AMENDED BY P.L.94-2014,
9305		-	38 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9306		-	39 JULY 1, 2025]: Sec. 5. (a) The auctioneer's fee shall be a reasonable
9307		-	40 amount stated in the court's order.
9308		-	41 (b) This subsection does not apply to a partition action. If the sale
9309		-	42 by use of an auctioneer has not been agreed to by the creditors in the
9310		-	ES 80—LS 6051/DI 112 217
9311		-	1 proceedings and the sale price is less than the sale price described in
9312		-	2 IC 34-6-2-35, IC 34-6-2.1-51, the auctioneer is entitled only to the
9313		-	3 auctioneer's advertising expenses plus one hundred dollars ($100).
9314		-	4 (c) The amount due the auctioneer for the auctioneer's expenses and
9315		-	5 fee, if any, shall be paid as a cost of the sale from the sale proceeds
9316		-	6 before the payment of any other payment from the sale proceeds.
9317		-	7 SECTION 195. IC 35-31.5-2-4, AS ADDED BY P.L.114-2012,
9318		-	8 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9319		-	9 JULY 1, 2025]: Sec. 4. "Administer", for purposes of IC 35-48, has the
9320		-	10 meaning set forth in IC 35-48-1-3. IC 35-48-1.1-3.
9321		-	11 SECTION 196. IC 35-31.5-2-12, AS ADDED BY P.L.114-2012,
9322		-	12 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9323		-	13 JULY 1, 2025]: Sec. 12. (a) Except as provided in subsection (b),
9324		-	14 "agent" means an operator, a manager, an adult employee, or a security
9325		-	15 agent employed by a store.
9326		-	16 (b) "Agent", for purposes of IC 35-48, has the meaning set forth in
9327		-	17 IC 35-48-1-5. IC 35-48-1.1-4.
9328		-	18 SECTION 197. IC 35-31.5-2-44.8, AS ADDED BY P.L.13-2013,
9329		-	19 SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9330		-	20 JULY 1, 2025]: Sec. 44.8. "Cocaine", for purposes of IC 35-48, has the
9331		-	21 meaning set forth in IC 35-48-1-7. IC 35-48-1.1-6.
9332		-	22 SECTION 198. IC 35-31.5-2-64, AS ADDED BY P.L.114-2012,
9333		-	23 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9334		-	24 JULY 1, 2025]: Sec. 64. "Controlled substance", for purposes of
9335		-	25 IC 35-48, has the meaning set forth in IC 35-48-1-9. IC 35-48-1.1-7.
9336		-	26 SECTION 199. IC 35-31.5-2-65, AS ADDED BY P.L.114-2012,
9337		-	27 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9338		-	28 JULY 1, 2025]: Sec. 65. "Controlled substance analog", for purposes
9339		-	29 of IC 35-48, has the meaning set forth in IC 35-48-1-9.3.
9340		-	30 IC 35-48-1.1-8.
9341		-	31 SECTION 200. IC 35-31.5-2-68, AS ADDED BY P.L.114-2012,
9342		-	32 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9343		-	33 JULY 1, 2025]: Sec. 68. "Counterfeit substance", for purposes of
9344		-	34 IC 35-48, has the meaning set forth in IC 35-48-1-10. IC 35-48-1.1-9.
9345		-	35 SECTION 201. IC 35-31.5-2-89, AS ADDED BY P.L.114-2012,
9346		-	36 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9347		-	37 JULY 1, 2025]: Sec. 89. "Delivery", for purposes of IC 35-48, has the
9348		-	38 meaning set forth in IC 35-48-1-11. IC 35-48-1.1-10.
9349		-	39 SECTION 202. IC 35-31.5-2-96, AS AMENDED BY P.L.51-2019,
9350		-	40 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9351		-	41 JULY 1, 2025]: Sec. 96. "Dispense", for purposes of IC 35-48, has the
9352		-	42 meaning set forth in IC 35-48-1-12. IC 35-48-1.1-11.
9353		-	ES 80—LS 6051/DI 112 218
9354		-	1 SECTION 203. IC 35-31.5-2-97, AS ADDED BY P.L.114-2012,
9355		-	2 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9356		-	3 JULY 1, 2025]: Sec. 97. "Dispenser", for purposes of IC 35-48, has the
9357		-	4 meaning set forth in IC 35-48-1-13. IC 35-48-1.1-12.
9358		-	5 SECTION 204. IC 35-31.5-2-100, AS AMENDED BY P.L.49-2020,
9359		-	6 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9360		-	7 JULY 1, 2025]: Sec. 100. (a) "Distribute", for purposes of
9361		-	8 IC 35-45-4-8, has the meaning set forth in IC 35-45-4-8.
9362		-	9 (b) "Distribute", for purposes of IC 35-46-1-10, has the meaning set
9363		-	10 forth in IC 35-46-1-10(f).
9364		-	11 (c) "Distribute", for purposes of IC 35-46-1-10.2, has the meaning
9365		-	12 set forth in IC 35-46-1-10.2(g).
9366		-	13 (d) "Distribute", for purposes of IC 35-47.5, has the meaning set
9367		-	14 forth in IC 35-47.5-2-6.
9368		-	15 (e) "Distribute", for purposes of IC 35-48, has the meaning set forth
9369		-	16 in IC 35-48-1-14. IC 35-48-1.1-13.
9370		-	17 (f) "Distribute", for purposes of IC 35-49, has the meaning set forth
9371		-	18 in IC 35-49-1-2.
9372		-	19 SECTION 205. IC 35-31.5-2-101, AS ADDED BY P.L.114-2012,
9373		-	20 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9374		-	21 JULY 1, 2025]: Sec. 101. "Distributor", for purposes of IC 35-48, has
9375		-	22 the meaning set forth in IC 35-48-1-15. IC 35-48-1.1-14.
9376		-	23 SECTION 206. IC 35-31.5-2-104, AS AMENDED BY
9377		-	24 P.L.158-2013, SECTION 367, IS AMENDED TO READ AS
9378		-	25 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 104. "Drug", for
9379		-	26 purposes of IC 35-48, has the meaning set forth in IC 35-48-1-16.
9380		-	27 IC 35-48-1.1-15.
9381		-	28 SECTION 207. IC 35-31.5-2-117.5, AS ADDED BY P.L.158-2013,
9382		-	29 SECTION 369, IS AMENDED TO READ AS FOLLOWS
9383		-	30 [EFFECTIVE JULY 1, 2025]: Sec. 117.5. "Enhancing circumstance",
9384		-	31 for purposes of IC 35-48, has the meaning set forth in IC 35-48-1-16.5.
9385		-	32 IC 35-48-1.1-18.
9386		-	33 SECTION 208. IC 35-31.5-2-127.5, AS ADDED BY P.L.182-2019,
9387		-	34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9388		-	35 JULY 1, 2025]: Sec. 127.5. "Facility", for purposes of IC 35-48-1-16.5,
9389		-	36 IC 35-48-1.1-18, has the meaning set forth in IC 35-48-1-16.5.
9390		-	37 IC 35-48-1.1-18.
9391		-	38 SECTION 209. IC 35-31.5-2-130.5, AS ADDED BY P.L.119-2019,
9392		-	39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9393		-	40 JULY 1, 2025]: Sec. 130.5. "Fentanyl related substance", for purposes
9394		-	41 of IC 35-48, has the meaning set forth in IC 35-48-1-16.6.
9395		-	42 IC 35-48-1.1-20.
9396		-	ES 80—LS 6051/DI 112 219
9397		-	1 SECTION 210. IC 35-31.5-2-130.6, AS ADDED BY P.L.48-2023,
9398		-	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9399		-	3 JULY 1, 2025]: Sec. 130.6. "Fentanyl containing substance", for
9400		-	4 purposes of IC 35-48, has the meaning set forth in IC 35-48-1-16.7.
9401		-	5 IC 35-48-1.1-19.
9402		-	6 SECTION 211. IC 35-31.5-2-150, AS AMENDED BY
9403		-	7 P.L.266-2019, SECTION 12, IS AMENDED TO READ AS
9404		-	8 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 150. (a) "Harassment",
9405		-	9 for purposes of IC 35-45-10, has the meaning set forth in
9406		-	10 IC 35-45-10-2.
9407		-	11 (b) "Harassment", for purposes of IC 35-42-4-4, IC 35-46-1-15.1,
9408		-	12 and IC 35-49-3-4, has the meaning set forth in IC 34-6-2-51.5.
9409		-	13 IC 34-6-2.1-80.
9410		-	14 SECTION 212. IC 35-31.5-2-150.5, AS ADDED BY P.L.153-2018,
9411		-	15 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9412		-	16 JULY 1, 2025]: Sec. 150.5. "Hashish", for purposes of IC 35-48, has
9413		-	17 the meaning set forth in IC 35-48-1-16.8. IC 35-48-1.1-21.
9414		-	18 SECTION 213. IC 35-31.5-2-150.6, AS ADDED BY P.L.153-2018,
9415		-	19 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9416		-	20 JULY 1, 2025]: Sec. 150.6. "Hash oil", for purposes of IC 35-48, has
9417		-	21 the meaning set forth in IC 35-48-1-16.9. IC 35-48-1.1-22.
9418		-	22 SECTION 214. IC 35-31.5-2-165, AS ADDED BY P.L.114-2012,
9419		-	23 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9420		-	24 JULY 1, 2025]: Sec. 165. "Immediate precursor", for purposes of
9421		-	25 IC 35-48, has the meaning set forth in IC 35-48-1-17. IC 35-48-1.1-25.
9422		-	26 SECTION 215. IC 35-31.5-2-171.5, AS ADDED BY P.L.61-2020,
9423		-	27 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9424		-	28 JULY 1, 2025]: Sec. 171.5. "Isomer", for purposes of IC 35-48, has the
9425		-	29 meaning set forth in IC 35-48-1-17.4. IC 35-48-1.1-26.
9426		-	30 SECTION 216. IC 35-31.5-2-189.9, AS ADDED BY P.L.153-2018,
9427		-	31 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9428		-	32 JULY 1, 2025]: Sec. 189.9. "Low THC hemp extract", for purposes of
9429		-	33 IC 35-48, has the meaning set forth in IC 35-48-1-17.5.
9430		-	34 IC 35-48-1.1-27.
9431		-	35 SECTION 217. IC 35-31.5-2-192, AS ADDED BY P.L.114-2012,
9432		-	36 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9433		-	37 JULY 1, 2025]: Sec. 192. "Manufacture", for purposes of IC 35-48, has
9434		-	38 the meaning set forth in IC 35-48-1-18. IC 35-48-1.1-28.
9435		-	39 SECTION 218. IC 35-31.5-2-195, AS ADDED BY P.L.114-2012,
9436		-	40 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9437		-	41 JULY 1, 2025]: Sec. 195. "Marijuana", for purposes of IC 35-48, has
9438		-	42 the meaning set forth in IC 35-48-1-19. IC 35-48-1.1-29.
9439		-	ES 80—LS 6051/DI 112 220
9440		-	1 SECTION 219. IC 35-31.5-2-209, AS ADDED BY P.L.114-2012,
9441		-	2 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9442		-	3 JULY 1, 2025]: Sec. 209. "Narcotic drug", for purposes of IC 35-48,
9443		-	4 has the meaning set forth in IC 35-48-1-20. IC 35-48-1.1-30.
9444		-	5 SECTION 220. IC 35-31.5-2-220, AS ADDED BY P.L.114-2012,
9445		-	6 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9446		-	7 JULY 1, 2025]: Sec. 220. "Opiate", for purposes of IC 35-48, has the
9447		-	8 meaning set forth in IC 35-48-1-21. IC 35-48-1.1-31.
9448		-	9 SECTION 221. IC 35-31.5-2-221, AS ADDED BY P.L.114-2012,
9449		-	10 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9450		-	11 JULY 1, 2025]: Sec. 221. "Opium poppy", for purposes of IC 35-48,
9451		-	12 has the meaning set forth in IC 35-48-1-22. IC 35-48-1.1-32.
9452		-	13 SECTION 222. IC 35-31.5-2-239, AS ADDED BY P.L.114-2012,
9453		-	14 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9454		-	15 JULY 1, 2025]: Sec. 239. "Poppy straw", for purposes of IC 35-48, has
9455		-	16 the meaning set forth in IC 35-48-1-23. IC 35-48-1.1-33.
9456		-	17 SECTION 223. IC 35-31.5-2-242, AS AMENDED BY P.L.51-2019,
9457		-	18 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9458		-	19 JULY 1, 2025]: Sec. 242. "Practitioner", for purposes of IC 35-48, has
9459		-	20 the meaning set forth in IC 35-48-1-24. IC 35-48-1.1-34.
9460		-	21 SECTION 224. IC 35-31.5-2-244, AS AMENDED BY
9461		-	22 P.L.168-2014, SECTION 51, IS AMENDED TO READ AS
9462		-	23 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 244. "Prescription
9463		-	24 drug", for purposes of IC 35-48, has the meaning set forth in
9464		-	25 IC 35-48-1-25. IC 35-48-1.1-35.
9465		-	26 SECTION 225. IC 35-31.5-2-248.2, AS ADDED BY P.L.13-2013,
9466		-	27 SECTION 127, IS AMENDED TO READ AS FOLLOWS
9467		-	28 [EFFECTIVE JULY 1, 2025]: Sec. 248.2. "Production", for purposes
9468		-	29 of IC 35-48, has the meaning set forth in IC 35-48-1-26.
9469		-	30 IC 35-48-1.1-36.
9470		-	31 SECTION 226. IC 35-31.5-2-321, AS AMENDED BY P.L.48-2023,
9471		-	32 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9472		-	33 JULY 1, 2025]: Sec. 321. "Synthetic drug" means the following:
9473		-	34 (1) A substance containing one (1) or more of the following
9474		-	35 chemical compounds, including an analog of the compound:
9475		-	36 (A) JWH-015 ((2-Methyl-1-propyl-1H-
9476		-	37 indol-3-yl)-1-naphthalenylmethanone).
9477		-	38 (B) JWH-018 (1-pentyl-3-(1-naphthoyl)indole).
9478		-	39 (C) JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole).
9479		-	40 (D) JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone).
9480		-	41 (E) JWH-081 (4-methoxynaphthalen- 1-yl- (1-pentylindol-
9481		-	42 3-yl)methanone).
9482		-	ES 80—LS 6051/DI 112 221
9483		-	1 (F) JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
9484		-	2 (G) JWH-200 ((1-(2-morpholin-4-ylethyl)indol-3-yl)-
9485		-	3 naphthalen-1-yl-methanone).
9486		-	4 (H) JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole).
9487		-	5 (I) JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole).
9488		-	6 (J) JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole).
9489		-	7 (K) HU-210 ((6aR,10aR)- 9-(Hydroxymethyl)- 6,6-dimethyl-
9490		-	8 3-(2-methyloctan-2-yl)-
9491		-	9 6a,7,10,10a-tetrahydrobenzo [c]chromen- 1-ol).
9492		-	10 (L) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)- 6,6-dimethyl-
9493		-	11 3-(2-methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo
9494		-	12 [c]chromen-1-ol).
9495		-	13 (M) HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-
9496		-	14 (2-methyloctan- 2-yl)phenyl]-
9497		-	15 7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl] methanol).
9498		-	16 (N) HU-331 (3-hydroxy-2- [(1R,6R)-3-methyl-6-
9499		-	17 (1-methylethenyl)-2 -cyclohexen-1-yl]-5
9500		-	18 -pentyl-2,5-cyclohexadiene-1,4-dione).
9501		-	19 (O) CP 55,940
9502		-	20 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]-
9503		-	21 5- (2-methyloctan-2-yl)phenol).
9504		-	22 (P) CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5-
9505		-	23 (2-methyloctan-2-yl)phenol) and its homologues, or
9506		-	24 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)
9507		-	25 phenol), where side chain n=5, and homologues where side
9508		-	26 chain n=4, 6, or 7.
9509		-	27 (Q) WIN 55212-2
9510		-	28 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)
9511		-	29 pyrrolo [1,2,3-de)- 1,4- benzoxazin-
9512		-	30 6-yl]-1-napthalenylmethanone).
9513		-	31 (R) RCS-4 ((4-methoxyphenyl)
9514		-	32 (1-pentyl-1H-indol-3-yl)methanone).
9515		-	33 (S) RCS-8 (1-(1-(2-cyclohexylethyl)-1H-
9516		-	34 indol-3-yl)-2-(2-methoxyphenyl)ethanone).
9517		-	35 (T) 4-Methylmethcathinone. Other name: mephedrone.
9518		-	36 (U) 3,4-Methylenedioxymethcathinone. Other name:
9519		-	37 methylone.
9520		-	38 (V) Fluoromethcathinone.
9521		-	39 (W) 4-Methoxymethcathinone. Other name: methedrone.
9522		-	40 (X) 4-Ethylmethcathinone (4-EMC).
9523		-	41 (Y) Methylenedioxypyrovalerone. Other name: MDPV.
9524		-	42 (Z) JWH-007, or 1-pentyl-2-methyl-3-(1-naphthoyl)indole.
9525		-	ES 80—LS 6051/DI 112 222
9526		-	1 (AA) JWH-098, or
9527		-	2 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole.
9528		-	3 (BB) JWH-164, or
9529		-	4 1-pentyl-3-(7-methoxy-1-naphthoyl)indole.
9530		-	5 (CC) JWH-210, or 1-pentyl-3-(4-ethyl-1-naphthoyl)indole.
9531		-	6 (DD) JWH-201, or
9532		-	7 1-pentyl-3-(4-methoxyphenylacetyl)indole.
9533		-	8 (EE) JWH-203, or 1-pentyl-3-(2-chlorophenylacetyl)indole.
9534		-	9 (FF) AM-694, or
9535		-	10 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole.
9536		-	11 (GG) CP 50,556-1, or
9537		-	12 [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpe
9538		-	13 ntan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1
9539		-	14 -yl] acetate.
9540		-	15 (HH) Dimethylheptylpyran, or DMHP.
9541		-	16 (II) 4-Methyl-alpha-pyrrolidinobutiophenone, or MPBP.
9542		-	17 (JJ) 6-APB [6-(2-aminopropyl)benzofuran].
9543		-	18 (LL) 7-hydroxymitragynine.
9544		-	19 (MM) á-PPP [á-pyrrolidinopropiophenone].
9545		-	20 (NN) á-PVP (desmethylpyrovalerone).
9546		-	21 (OO) AM-251.
9547		-	22 (PP) AM-1241.
9548		-	23 (QQ) AM-2201.
9549		-	24 (RR) AM-2233.
9550		-	25 (SS) Buphedrone (á-methylamino-butyrophenone (MABP)).
9551		-	26 (TT) Butylone.
9552		-	27 (UU) CP-47,497-C7.
9553		-	28 (VV) CP-47,497-C8.
9554		-	29 (WW) Desoxypipradol.
9555		-	30 (XX) Ethylone.
9556		-	31 (YY) Eutylone.
9557		-	32 (ZZ) Flephedrone.
9558		-	33 (AAA) JWH-011.
9559		-	34 (BBB) JWH-020.
9560		-	35 (CCC) JWH-022.
9561		-	36 (DDD) JWH-030.
9562		-	37 (EEE) JWH-182.
9563		-	38 (FFF) JWH-302.
9564		-	39 (GGG) MDAI [5,6-methylenedioxy-2-aminoindane].
9565		-	40 (HHH) Mitragynine.
9566		-	41 (III) Naphyrone.
9567		-	42 (JJJ) Pentedrone.
9568		-	ES 80—LS 6051/DI 112 223
9569		-	1 (LLL) Pentylone.
9570		-	2 (MMM) A796,260 [1-(2-morpholin-4-ylethyl)-1H-indol-3-yl]-
9571		-	3 (2,2,3,3-tetramethylcyclopropyl)methanone].
9572		-	4 (NNN) AB-001[(1s,3s)-admantan-1-yl)
9573		-	5 (1-pentyl-1H-indol-3-yl)methanone] or [1-Pentyl-3-
9574		-	6 (1-adamantoyl)indole].
9575		-	7 (OOO) AM-356 [Methanandamide].
9576		-	8 (PPP) AM 1248 [1-[(1-methyl-2- piperidinyl) methyl]-
9577		-	9 1H-indol-3-yl] tricyclo[3.3.1.13,7] dec-1-yl-methanone]or
9578		-	10 [(1-[(N-methylpiperindin-2-yl)
9579		-	11 Methyl]-3-(Adamant-1-oyl)indole)].
9580		-	12 (QQQ) AM 2233 Azepane isomer [(2-iodophenyl)
9581		-	13 (1-(1-methylazepan-3-yl)- 1H-indol-3-yl)methanone].
9582		-	14 (RRR) CB-13 [1-Naphthalenyl
9583		-	15 [4-(pentyoxy)- 1-naphthalenyl]methanone].
9584		-	16 (SSS) UR-144 [(1-pentyl-1H-indol-3-yl)
9585		-	17 (2,2,3,3-tetramethylcyclopropyl)-methanone].
9586		-	18 (TTT) URB 597 [(3'-(aminocarbonyl) [1,1'-biphenyl]-3-yl)-
9587		-	19 cyclohexylcarbamate].
9588		-	20 (UUU) URB602 [[1,1'-biphenyl]- 3-yl-carbamic acid,
9589		-	21 cyclohexyl ester].
9590		-	22 (VVV) URB 754 [6-methyl-2-[(4-methylphenyl)
9591		-	23 amino]-1-benzoxazin-4-one].
9592		-	24 (WWW) XLR-11 or 5-fluoro UR-144
9593		-	25 (1-(5-fluoropentyl)-1H-indol-3-yl)
9594		-	26 (2,2,3,3-tetramethylcyclopropyl)methanone].
9595		-	27 (XXX) AKB48 (Other names include:
9596		-	28 N-Adamantyl-1-pentyl-1H-Indazole-3-carboxamide;
9597		-	29 1-pentyl-N-tricyclo[3.3.1.13.7]dec-1-yl-1H-indazole-3-
9598		-	30 carboxamide).
9599		-	31 (YYY) 25I-NBOMe (Other names include:
9600		-	32 4-Iodo-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]-
9601		-	33 benzeneethanamine);
9602		-	34 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)
9603		-	35 methyl]ethanamine).
9604		-	36 (ZZZ) 2C-C-NBOMe (Other names include: 25C-NBOMe;
9605		-	37 2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)
9606		-	38 methyl]ethanamine;
9607		-	39 2,5-Dimethoxy-4-chloro-N-(2-methoxybenzyl)
9608		-	40 phenethylamine).
9609		-	41 (AAAA) 2NE-1 (Other names include: 1-Pentyl-3-
9610		-	42 (1-adamantylamido)indole).
9611		-	ES 80—LS 6051/DI 112 224
9612		-	1 (BBBB) STS-135 (Other names include:
9613		-	2 N-Adamantyl-1-fluoropentylindole-3- carboxamide
9614		-	3 (1-5-fluoropentyl)-N-tricyclo[3.3.1.13.7]dec-1-yl-1H-
9615		-	4 indole-3-carboxamide).
9616		-	5 (CCCC) PB-22 (Other names include: 1-Pentyl-8-quinolinlyl
9617		-	6 ester-1H-indole-2-carboxylic acid).
9618		-	7 (DDDD) 5-Fluoro-PB-22 (Other names include:
9619		-	8 1-(5-Fluropentyl)-8-quinolinyl ester1H-indole-3-carboxylic
9620		-	9 acid).
9621		-	10 (EEEE) Benocyclidine (Other names include: BCP, BTCP,
9622		-	11 and Benzothiophenylcyclohexylpiperidine).
9623		-	12 (FFFF) 25B-NBOMe (Other names include: 2C-B-NBOMe
9624		-	13 and 4-Bromo-2,
9625		-	14 5-dimenthoxy-N-[(2-Methozyphenyl)methyl]
9626		-	15 benzeneethanamine).
9627		-	16 (GGGG) APB (Other names include: (2-Aminopropyl)
9628		-	17 Benzofuran).
9629		-	18 (HHHH) AB-PINACA
9630		-	19 (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-
9631		-	20 indazole-3-carboxamide.
9632		-	21 (IIII) AB-FUBINACA
9633		-	22 (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-
9634		-	23 1H-indazole-3-carboxamide).
9635		-	24 (JJJJ) ADB-PINACA
9636		-	25 (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-
9637		-	26 indaole-3-carboxamide).
9638		-	27 (KKKK) Fluoro ADBICA (N-(1-Amino-3,3-
9639		-	28 dimethyl-1-oxobutan-2-yl)-(fluoropentyl)-1H-indole-3-
9640		-	29 carboxamide).
9641		-	30 (LLLL) APDB (Other names include: -EMA, -Desoxy-MDA,
9642		-	31 and (2-Aminopropyl)-2,3-
9643		-	32 dihydrobenzofuran).
9644		-	33 (MMMM) THJ-2201 (Other names include: AM2201 indazole
9645		-	34 analog, Fluoropentyl-JWH-018 indazole, and
9646		-	35 5-Fluoro-THJ-018).
9647		-	36 (NNNN) AM 2201 benzimidazole analog (Other names
9648		-	37 include: FUBIMINA, FTHJ, and (1-(5-fluoropentyl)-1H-
9649		-	38 benzo[d]imidazol-2-yl)(naphthalene-1-yl)methanone).
9650		-	39 (OOOO) MN-25 (Other names include: 7-methoxy-1-
9651		-	40 [2-(4-morpholinyl)ethyl]-N-[1S, 2S, 4R)-1,3,3-
9652		-	41 trimethylbicyclo[2.2.1]hept-2-yl]-1H-indole-3-carboxamide
9653		-	42 and UR-12).
9654		-	ES 80—LS 6051/DI 112 225
9655		-	1 (PPPP) FUB-PB-22 (Other names include:
9656		-	2 Quinolin-8-yl-1-(4-fluorobenzyl)-1H-indole-3-carboxylate).
9657		-	3 (QQQQ) FUD-PB-22 (Other names include:
9658		-	4 Naphthalen-1-yl-1-(4-fluorobenzyl)-1H-indole-3-carboxylate).
9659		-	5 (RRRR) 5-Fluoro-AB-PINACA (Other names include:
9660		-	6 AB-PINACA 5-fluoro analog and N-(1-amino-3-methyl1-
9661		-	7 oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-
9662		-	8 carboxaminde).
9663		-	9 (SSSS) 4-MePPP (Other names include:
9664		-	10 4-methyl-alpha-pyrrolidinopropiophenone).
9665		-	11 (TTTT) alpha-PBP (Other names include:
9666		-	12 Alpha-pyrrolidinobutiophenone).
9667		-	13 (UUUU) AB-CHMINACA (Other names include:
9668		-	14 (N-[1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethy
9669		-	15 l)-1H-indazole-3-carboxamide).
9670		-	16 (VVVV) Mexedrone
9671		-	17 (3-methoxy-2-(methylamino)-1-(p-tolyl)propan-1-one).
9672		-	18 (WWWW) MT-45,
9673		-	19 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine).
9674		-	20 (XXXX) methyl 2-(1-(5-fluoropentyl)- 1H-indazole-3-
9675		-	21 carboxamido) -3,3-dimethylbutanoate [5F-ADB;
9676		-	22 5F-MDMB-PINACA].
9677		-	23 (YYYY) methyl 2-(1-(5-fluoropentyl)-1H- indazole-3-
9678		-	24 carboxamido)-3-methylbutanoate [5F-AMB].
9679		-	25 (ZZZZ) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)
9680		-	26 -1-(4-fluorobenzyl)- 1H-indazole-3-carboxamide
9681		-	27 [ADB-FUBINACA].
9682		-	28 (AAAAA) N-(adamantan-1-yl)-1-(5-fluoropentyl)-
9683		-	29 1H-indazole-3- carboxamide [5F-APINACA, 5F-AKB48].
9684		-	30 (BBBBB) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-
9685		-	31 carboxamido)-3,3-dimethylbutanoate [MDMB-CHMICA,
9686		-	32 MMB-CHMINACA].
9687		-	33 (CCCCC) methyl 2-(1-(4-fluorobenzyl)-
9688		-	34 1H-indazole-3-carboxamido)- 3,3-dimethylbutanoate
9689		-	35 [MDMB-FUBINACA].
9690		-	36 (DDDDD) N-(1-amino-3,3-dimethyl-1 -oxobutan-2-yl)-1-
9691		-	37 (cyclohexylmethyl)- 1H-indazole-3-carboxamide
9692		-	38 [MAB-CHMINACA and ADB-CHMINACA].
9693		-	39 (EEEEE) Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-
9694		-	40 3-carboxamido)- 3-methylbutanoate [FUB-AMB,
9695		-	41 MMB-FUBINACA, AMB-FUBINACA].
9696		-	42 (FFFFF) 3,4-dichloro-N-[(1dimethylamino)cyclohexylme
9697		-	ES 80—LS 6051/DI 112 226
9698		-	1 thyl]benzamide) [AH7921].
9699		-	2 (GGGGG) Naphthalen-1-yl 1-(5-fluoropentyl)-1
9700		-	3 H-indole-3-carboxylate (trivial name: NM2201; CBL2201)
9701		-	4 (HHHHH) 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1
9702		-	5 H-indazole-3-carboxamide (trivial name:
9703		-	6 4-CN-CUMYL-BUTINACA; 4-cyano-CUMYL-BUTINA CA;
9704		-	7 4-CN-CUMYL BINACA; CUMYL-4CN-BINACA; SGT-78).
9705		-	8 (IIIII) methyl 2-(1-(cyclohexylmethyl)-1
9706		-	9 H-indole-3-carboxamido)-3-methylbutanoate (trivial names:
9707		-	10 MMB-CHMICA, AMB-CHMICA).
9708		-	11 (JJJJJ) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1
9709		-	12 H-pyrrolo[2,3-b]pyridine-3-carboxamide (trivial name:
9710		-	13 5F-CUMYL-P7AICA).
9711		-	14 (KKKKK) N-1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-1-p
9712		-	15 entanone (N-ethylpentylone, ephylone).
9713		-	16 (LLLLL) Synthetic cathinone, 1-(1,3-benzodioxol-5-yl)-2-
9714		-	17 (ethylamino)- pentan-1-one (N-ethylpentylone, ephylone) and
9715		-	18 its optical, positional, and geometric isomers, salts, and salts
9716		-	19 of isomers.
9717		-	20 (MMMMM) ethyl
9718		-	21 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-
9719		-	22 dimethylbutanoate (trivial name: 5F-EDMB-PINACA).
9720		-	23 (NNNNN) methyl 2-(1-(5- fluoropentyl)-1H-indole-3-
9721		-	24 carboxamido)-3,3-dimethylbutanoate (trivial name:
9722		-	25 5F-MDMB-PICA).
9723		-	26 (OOOOO) N- (adamantan- 1-yl)- 1-(4-fluorobenzyl)-
9724		-	27 1H-indazole-3-carboxamide (trivial names: FUB-AKB48;
9725		-	28 FUB-APINACA; AKB48 N- (4-FLUOROBENZYL)).
9726		-	29 (PPPPP) 1-(5- fluoropentyl)-N-(2-phenylpropan-2-yl)-
9727		-	30 1H-indazole-3-carboxamide (trivial names:
9728		-	31 5F-CUMYL-PINACA; SGT-25).
9729		-	32 (QQQQQ) (1-(4-fluorobenzyl)-1H-indol-3-
9730		-	33 yl)(2,2,3,3-tetramethylcyclopropyl) methanone (trivial name:
9731		-	34 FUB-144).
9732		-	35 (RRRRR) 4F-MDMB-BINACA.
9733		-	36 (SSSSS) N-ethylhexedrone
9734		-	37 (2-(ethylamino)-1-phenylhexan-1-one).
9735		-	38 (TTTTT) alpha-pyrrolidinohexanophenone
9736		-	39 (1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one.
9737		-	40 (UUUUU) alpha-pyrrolidinohexiophenone; trivial name:
9738		-	41 a-PHP.
9739		-	42 (VVVVV) 4'-methyl-alpha-pyrrolidinohexiophenone
9740		-	ES 80—LS 6051/DI 112 227
9741		-	1 (1-(4-methylphenyl)-2-(pyrrolidin-1-yl)hexan-1-one.
9742		-	2 (WWWWW) 4-methyl-alphaethylaminopentiophenone
9743		-	3 (2-(ethylamino)-1-(4-methylphenyl)pentan-1-one; trivial
9744		-	4 name: 4–MEAP.
9745		-	5 (XXXXX) 4'-methyl-alphapyrrolidinohexanophenone; trivial
9746		-	6 name: MPHP.
9747		-	7 (YYYYY) alphapyrrolidinoheptaphenone
9748		-	8 (1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one; trivial name: PV8.
9749		-	9 (ZZZZZ) 4'-chloro-alphapyrrolidinovalerophenone (1-(4-
9750		-	10 chlorophenyl)-2-(pyrrolidin-1- yl)pentan-1-one.
9751		-	11 (AAAAAA) 4'-chloro-alphapyrrolidinopentiophenone; trivial
9752		-	12 name: 4-chloro-a-PVP.
9753		-	13 (BBBBBB) MDMB-4en-PINACA; Methyl
9754		-	14 3,3-dimethyl-2-(1-(pent-4-en-1-yl)-1H[1]indazole-3-carboxa
9755		-	15 mido)butanoate.
9756		-	16 (CCCCCC) 4F-MDMB-BICA; 4-fluoro MDMB-BICA;
9757		-	17 4F-MDMB-BUTICA; Methyl
9758		-	18 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,
9759		-	19 3-dimethyl-butanoate. Other name: 4-fluoro MDMB-BICA.
9760		-	20 (2) Any compound structurally derived from
9761		-	21 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by
9762		-	22 substitution at the nitrogen atom of the indole ring by alkyl,
9763		-	23 haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
9764		-	24 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or
9765		-	25 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
9766		-	26 morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
9767		-	27 or not further substituted in the indole ring to any extent and
9768		-	28 whether or not substituted in the naphthyl ring to any extent.
9769		-	29 (3) Any compound structurally derived from 3-(1-naphthoyl)
9770		-	30 pyrrole by substitution at the nitrogen atom of the pyrrole ring by
9771		-	31 alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,
9772		-	32 cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
9773		-	33 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl,
9774		-	34 1-(N-methyl-3- morpholinyl)methyl, or tetrahydropyranylmethyl
9775		-	35 group, whether or not further substituted in the pyrrole ring to any
9776		-	36 extent and whether or not substituted in the naphthyl ring to any
9777		-	37 extent.
9778		-	38 (4) Any compound structurally derived from
9779		-	39 1-(1-naphthylmethyl)indene by substitution at the 3-position of
9780		-	40 the indene ring by alkyl, haloalkyl, cyanoalkyl, alkenyl,
9781		-	41 cycloalkylmethyl, cycloalkylethyl,
9782		-	42 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or
9783		-	ES 80—LS 6051/DI 112 228
9784		-	1 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
9785		-	2 morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
9786		-	3 or not further substituted in the indene ring to any extent and
9787		-	4 whether or not substituted in the naphthyl ring to any extent.
9788		-	5 (5) Any compound structurally derived from 3-phenylacetylindole
9789		-	6 by substitution at the nitrogen atom of the indole ring with alkyl,
9790		-	7 haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
9791		-	8 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or
9792		-	9 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
9793		-	10 morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
9794		-	11 or not further substituted in the indole ring to any extent and
9795		-	12 whether or not substituted in the phenyl ring to any extent.
9796		-	13 (6) Any compound structurally derived from
9797		-	14 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position
9798		-	15 of the phenolic ring by alkyl, haloalkyl, cyanoalkyl, alkenyl,
9799		-	16 cycloalkylmethyl, cycloalkylethyl,
9800		-	17 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or
9801		-	18 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
9802		-	19 morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
9803		-	20 or not substituted in the cyclohexyl ring to any extent.
9804		-	21 (7) Any compound containing a 3-(benzoyl)indole structure with
9805		-	22 substitution at the nitrogen atom of the indole ring by alkyl,
9806		-	23 haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
9807		-	24 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or
9808		-	25 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
9809		-	26 morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
9810		-	27 or not further substituted in the indole ring to any extent and
9811		-	28 whether or not substituted in the phenyl ring to any extent.
9812		-	29 (8) Any compound, except bupropion or a compound listed under
9813		-	30 a different schedule, structurally derived from
9814		-	31 2-aminopropan-1-one by substitution at the 1-position with either
9815		-	32 phenyl, naphthyl, or thiophene ring systems, whether or not the
9816		-	33 compound is further modified:
9817		-	34 (A) by substitution in the ring system to any extent with alkyl,
9818		-	35 alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide
9819		-	36 substituents, whether or not further substituted in the ring
9820		-	37 system by one or more other univalent substituents;
9821		-	38 (B) by substitution at the 3-position with an acyclic alkyl
9822		-	39 substituent;
9823		-	40 (C) by substitution at the 2-amino nitrogen atom with alkyl,
9824		-	41 dialkyl, benzyl, or methoxybenzyl groups; or
9825		-	42 (D) by inclusion of the 2-amino nitrogen atom in a cyclic
9826		-	ES 80—LS 6051/DI 112 229
9827		-	1 structure.
9828		-	2 (9) Any compound structurally derived from 3-tetramethyl
9829		-	3 cyclopropanoylindole with substitution at the nitrogen atom of the
9830		-	4 indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl,
9831		-	5 cycloalkylmethyl, cycloalkylethyl,
9832		-	6 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl) ethyl,
9833		-	7 1-(N-methyl-2-pyrrolidinyl) methyl, 1-(N-methyl-3-
9834		-	8 morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
9835		-	9 or not further substituted in the indole ring to any extent and
9836		-	10 whether or not substituted in the tetramethylcyclopropyl ring to
9837		-	11 any extent.
9838		-	12 (10) Any compound containing a N-(1-adamantyl)-
9839		-	13 1H-indazole-3-carboxamide structure with substitution at the
9840		-	14 nitrogen atom of the indazole ring by an alkyl, haloalkyl,
9841		-	15 cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
9842		-	16 1-(N-methyl-2- piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
9843		-	17 1-(N-methyl-2-pyrrolidinyl)methyl,
9844		-	18 1-(N-methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl
9845		-	19 group, whether or not further substituted at the nitrogen atom of
9846		-	20 the carboxamide to any extent, whether or not further substituted
9847		-	21 in the indazole ring to any extent, and whether or not further
9848		-	22 substituted on the adamantyl ring system to any extent. An
9849		-	23 example of this structural class includes AKB48.
9850		-	24 (11) Any compound containing a N-(1-adamantyl)-
9851		-	25 1H-indole-3-carboxamide structure with substitution at the
9852		-	26 nitrogen atom of the indole ring by an alkyl, haloalkyl,
9853		-	27 cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
9854		-	28 1-(N-methyl-2- piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
9855		-	29 1-(N-methyl-2-pyrrolidinyl)methyl,
9856		-	30 1-(N-methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl
9857		-	31 group, whether or not further substituted at the nitrogen atom of
9858		-	32 the carboxamide to any extent, whether or not further substituted
9859		-	33 in the indole ring to any extent, and whether or not further
9860		-	34 substituted on the adamantyl ring system to any extent. An
9861		-	35 example of this structural class includes STS-135.
9862		-	36 (12) Any compound containing a 3-(1-adamantoyl)indole
9863		-	37 structure with substitution at the nitrogen atom of the indole ring
9864		-	38 by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,
9865		-	39 cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, or
9866		-	40 2-(4-morpholinyl)ethyl, 1-(N-methyl-2- pyrrolidinyl)methyl,
9867		-	41 1-(N-methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl
9868		-	42 group, whether or not further substituted on the adamantyl ring
9869		-	ES 80—LS 6051/DI 112 230
9870		-	1 system to any extent. An example of this structural class includes
9871		-	2 AM-1248.
9872		-	3 (13) Any compound determined to be a synthetic drug by rule
9873		-	4 adopted under IC 25-26-13-4.1.
9874		-	5 SECTION 227. IC 35-31.5-2-339, AS ADDED BY P.L.114-2012,
9875		-	6 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9876		-	7 JULY 1, 2025]: Sec. 339. "Ultimate user", for purposes of IC 35-48,
9877		-	8 has the meaning set forth in IC 35-48-1-27. IC 35-48-1.1-39.
9878		-	9 SECTION 228. IC 35-33-1-1, AS AMENDED BY P.L.112-2023,
9879		-	10 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9880		-	11 JULY 1, 2025]: Sec. 1. (a) A law enforcement officer may arrest a
9881		-	12 person when the officer has:
9882		-	13 (1) a warrant commanding that the person be arrested;
9883		-	14 (2) probable cause to believe the person has committed or
9884		-	15 attempted to commit, or is committing or attempting to commit,
9885		-	16 a felony;
9886		-	17 (3) probable cause to believe the person has violated the
9887		-	18 provisions of IC 9-26-1-1.1 or IC 9-30-5;
9888		-	19 (4) probable cause to believe the person is committing or
9889		-	20 attempting to commit a misdemeanor in the officer's presence;
9890		-	21 (5) probable cause to believe the person has committed a:
9891		-	22 (A) battery resulting in bodily injury under IC 35-42-2-1; or
9892		-	23 (B) domestic battery under IC 35-42-2-1.3.
9893		-	24 The officer may use an affidavit executed by an individual alleged
9894		-	25 to have direct knowledge of the incident alleging the elements of
9895		-	26 the offense of battery to establish probable cause;
9896		-	27 (6) probable cause to believe that the person violated
9897		-	28 IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
9898		-	29 (7) probable cause to believe that the person violated
9899		-	30 IC 35-47-2-1.5 (unlawful carrying of a handgun) or IC 35-47-2-22
9900		-	31 (counterfeit handgun license);
9901		-	32 (8) probable cause to believe that the person is violating or has
9902		-	33 violated an order issued under IC 35-50-7;
9903		-	34 (9) probable cause to believe that the person is violating or has
9904		-	35 violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
9905		-	36 device);
9906		-	37 (10) probable cause to believe that the person is:
9907		-	38 (A) violating or has violated IC 35-45-2-5 (interference with
9908		-	39 the reporting of a crime); and
9909		-	40 (B) interfering with or preventing the reporting of a crime
9910		-	41 involving domestic or family violence (as defined in
9911		-	42 IC 34-6-2-34.5); IC 34-6-2.1-50);
9912		-	ES 80—LS 6051/DI 112 231
9913		-	1 (11) probable cause to believe that the person has committed theft
9914		-	2 (IC 35-43-4-2);
9915		-	3 (12) a removal order issued for the person by an immigration
9916		-	4 court;
9917		-	5 (13) a detainer or notice of action for the person issued by the
9918		-	6 United States Department of Homeland Security; or
9919		-	7 (14) probable cause to believe that the person has been indicted
9920		-	8 for or convicted of one (1) or more aggravated felonies (as
9921		-	9 defined in 8 U.S.C. 1101(a)(43)).
9922		-	10 (b) A person who:
9923		-	11 (1) is employed full time as a federal enforcement officer;
9924		-	12 (2) is empowered to effect an arrest with or without warrant for a
9925		-	13 violation of the United States Code; and
9926		-	14 (3) is authorized to carry firearms in the performance of the
9927		-	15 person's duties;
9928		-	16 may act as an officer for the arrest of offenders against the laws of this
9929		-	17 state where the person reasonably believes that a felony has been or is
9930		-	18 about to be committed or attempted in the person's presence.
9931		-	19 (c) A law enforcement officer who arrests a child or takes a child
9932		-	20 into custody as described in IC 31-37-4-3.5 shall make a reasonable
9933		-	21 attempt to notify:
9934		-	22 (1) the child's parent, guardian, or custodian; or
9935		-	23 (2) the emergency contact listed on the child's school record;
9936		-	24 that the child has been arrested or taken into custody.
9937		-	25 SECTION 229. IC 35-38-1-7.5, AS AMENDED BY P.L.142-2020,
9938		-	26 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9939		-	27 JULY 1, 2025]: Sec. 7.5. (a) As used in this section, "sexually violent
9940		-	28 predator" means a person who suffers from a mental abnormality or
9941		-	29 personality disorder that makes the individual likely to repeatedly
9942		-	30 commit a sex offense (as defined in IC 11-8-8-5.2). The term includes
9943		-	31 a person convicted in another jurisdiction who is identified as a
9944		-	32 sexually violent predator under IC 11-8-8-20. The term does not
9945		-	33 include a person no longer considered a sexually violent predator under
9946		-	34 subsection (g).
9947		-	35 (b) A person who:
9948		-	36 (1) being at least eighteen (18) years of age, commits an offense
9949		-	37 described in:
9950		-	38 (A) IC 35-42-4-1;
9951		-	39 (B) IC 35-42-4-2 (before its repeal);
9952		-	40 (C) IC 35-42-4-3 as a Class A or Class B felony (for a crime
9953		-	41 committed before July 1, 2014) or a Level 1, Level 2, Level 3,
9954		-	42 or Level 4 felony (for a crime committed after June 30, 2014);
9955		-	ES 80—LS 6051/DI 112 232
9956		-	1 (D) IC 35-42-4-5(a)(1);
9957		-	2 (E) IC 35-42-4-5(a)(2);
9958		-	3 (F) IC 35-42-4-5(a)(3) (before that provision was redesignated
9959		-	4 by P.L.158-2013, SECTION 441);
9960		-	5 (G) IC 35-42-4-5(b)(1) as a Class A or Class B felony (for a
9961		-	6 crime committed before July 1, 2014) or Level 2, Level 3, or
9962		-	7 Level 4 felony (for a crime committed after June 30, 2014);
9963		-	8 (H) IC 35-42-4-5(b)(2); or
9964		-	9 (I) IC 35-42-4-5(b)(3) as a Class A or Class B felony (for a
9965		-	10 crime committed before July 1, 2014) or a Level 2, Level 3, or
9966		-	11 Level 4 felony (for a crime committed after June 30, 2014);
9967		-	12 (2) commits a sex offense (as defined in IC 11-8-8-5.2) while
9968		-	13 having a previous unrelated conviction for a sex offense for which
9969		-	14 the person is required to register as a sex or violent offender under
9970		-	15 IC 11-8-8;
9971		-	16 (3) commits a sex offense (as defined in IC 11-8-8-5.2) while
9972		-	17 having had a previous unrelated adjudication as a delinquent child
9973		-	18 for an act that would be a sex offense if committed by an adult, if,
9974		-	19 after considering expert testimony, a court finds by clear and
9975		-	20 convincing evidence that the person is likely to commit an
9976		-	21 additional sex offense; or
9977		-	22 (4) commits a sex offense (as defined in IC 11-8-8-5.2) while
9978		-	23 having had a previous unrelated adjudication as a delinquent child
9979		-	24 for an act that would be a sex offense if committed by an adult, if
9980		-	25 the person was required to register as a sex or violent offender
9981		-	26 under IC 11-8-8-5(b)(2);
9982		-	27 is a sexually violent predator. Except as provided in subsection (g) or
9983		-	28 (h), a person is a sexually violent predator by operation of law if an
9984		-	29 offense committed by the person satisfies the conditions set forth in
9985		-	30 subdivision (1) or (2) and the person was released from incarceration,
9986		-	31 secure detention, probation, or parole for the offense after June 30,
9987		-	32 1994.
9988		-	33 (c) This section applies whenever a court sentences a person or a
9989		-	34 juvenile court issues a dispositional decree for a sex offense (as defined
9990		-	35 in IC 11-8-8-5.2) for which the person is required to register with the
9991		-	36 local law enforcement authority under IC 11-8-8.
9992		-	37 (d) At the sentencing hearing, the court shall indicate on the record
9993		-	38 whether the person has been convicted of an offense that makes the
9994		-	39 person a sexually violent predator under subsection (b).
9995		-	40 (e) If a person is not a sexually violent predator under subsection
9996		-	41 (b), the prosecuting attorney may request the court to conduct a hearing
9997		-	42 to determine whether the person (including a child adjudicated to be a
9998		-	ES 80—LS 6051/DI 112 233
9999		-	1 delinquent child) is a sexually violent predator under subsection (a). If
10000		-	2 the court grants the motion, the court shall appoint two (2)
10001		-	3 psychologists or psychiatrists who have expertise in criminal
10002		-	4 behavioral disorders to evaluate the person and testify at the hearing.
10003		-	5 After conducting the hearing and considering the testimony of the two
10004		-	6 (2) psychologists or psychiatrists, the court shall determine whether the
10005		-	7 person is a sexually violent predator under subsection (a). A hearing
10006		-	8 conducted under this subsection may be combined with the person's
10007		-	9 sentencing hearing.
10008		-	10 (f) If a person is a sexually violent predator:
10009		-	11 (1) the person is required to register with the local law
10010		-	12 enforcement authority as provided in IC 11-8-8; and
10011		-	13 (2) the court shall send notice to the department of correction.
10012		-	14 (g) This subsection does not apply to a person who has two (2) or
10013		-	15 more unrelated convictions for an offense described in IC 11-8-8-4.5
10014		-	16 for which the person is required to register under IC 11-8-8. A person
10015		-	17 who is a sexually violent predator may petition the court to consider
10016		-	18 whether the person should no longer be considered a sexually violent
10017		-	19 predator. The person may file a petition under this subsection not
10018		-	20 earlier than ten (10) years after:
10019		-	21 (1) the sentencing court or juvenile court makes its determination
10020		-	22 under subsection (e); or
10021		-	23 (2) the person is released from incarceration or secure detention.
10022		-	24 A person may file a petition under this subsection not more than one
10023		-	25 (1) time per year. A court may dismiss a petition filed under this
10024		-	26 subsection or conduct a hearing to determine if the person should no
10025		-	27 longer be considered a sexually violent predator. If the court conducts
10026		-	28 a hearing, the court shall appoint two (2) psychologists or psychiatrists
10027		-	29 who have expertise in criminal behavioral disorders to evaluate the
10028		-	30 person and testify at the hearing. After conducting the hearing and
10029		-	31 considering the testimony of the two (2) psychologists or psychiatrists,
10030		-	32 the court shall determine whether the person should no longer be
10031		-	33 considered a sexually violent predator under subsection (a). If a court
10032		-	34 finds that the person should no longer be considered a sexually violent
10033		-	35 predator, the court shall send notice to the department of correction that
10034		-	36 the person is no longer considered a sexually violent predator or an
10035		-	37 offender against children. Notwithstanding any other law, a condition
10036		-	38 imposed on a person due to the person's status as a sexually violent
10037		-	39 predator, including lifetime parole or GPS monitoring, does not apply
10038		-	40 to a person no longer considered a sexually violent predator.
10039		-	41 (h) A person is not a sexually violent predator by operation of law
10040		-	42 under subsection (b)(1) if all of the following conditions are met:
10041		-	ES 80—LS 6051/DI 112 234
10042		-	1 (1) The victim was not less than twelve (12) years of age at the
10043		-	2 time the offense was committed.
10044		-	3 (2) The person is not more than four (4) years older than the
10045		-	4 victim.
10046		-	5 (3) The relationship between the person and the victim was a
10047		-	6 dating relationship or an ongoing personal relationship. The term
10048		-	7 "ongoing personal relationship" does not include a family
10049		-	8 relationship.
10050		-	9 (4) The offense committed by the person was not any of the
10051		-	10 following:
10052		-	11 (A) Rape (IC 35-42-4-1).
10053		-	12 (B) Criminal deviate conduct (IC 35-42-4-2) (before its
10054		-	13 repeal).
10055		-	14 (C) An offense committed by using or threatening the use of
10056		-	15 deadly force or while armed with a deadly weapon.
10057		-	16 (D) An offense that results in serious bodily injury.
10058		-	17 (E) An offense that is facilitated by furnishing the victim,
10059		-	18 without the victim's knowledge, with a drug (as defined in
10060		-	19 IC 16-42-19-2(1)) or a controlled substance (as defined in
10061		-	20 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
10062		-	21 furnished with the drug or controlled substance without the
10063		-	22 victim's knowledge.
10064		-	23 (5) The person has not committed another sex offense (as defined
10065		-	24 in IC 11-8-8-5.2) (including a delinquent act that would be a sex
10066		-	25 offense if committed by an adult) against any other person.
10067		-	26 (6) The person did not have a position of authority or substantial
10068		-	27 influence over the victim.
10069		-	28 (7) The court finds that the person should not be considered a
10070		-	29 sexually violent predator.
10071		-	30 SECTION 230. IC 35-38-1-10.5, AS AMENDED BY P.L.56-2023,
10072		-	31 SECTION 319, IS AMENDED TO READ AS FOLLOWS
10073		-	32 [EFFECTIVE JULY 1, 2025]: Sec. 10.5. (a) The court:
10074		-	33 (1) shall order that a person undergo a screening test for the
10075		-	34 human immunodeficiency virus (HIV) if the person is:
10076		-	35 (A) convicted of an offense relating to a criminal sexual act
10077		-	36 and the offense created an epidemiologically demonstrated
10078		-	37 risk of transmission of the human immunodeficiency virus
10079		-	38 (HIV); or
10080		-	39 (B) convicted of an offense relating to controlled substances
10081		-	40 and the offense involved:
	9869	+	8 JULY 1, 2025]: Sec. 1. (a) A law enforcement officer may arrest a
	9870	+	9 person when the officer has:
	9871	+	10 (1) a warrant commanding that the person be arrested;
	9872	+	11 (2) probable cause to believe the person has committed or
	9873	+	12 attempted to commit, or is committing or attempting to commit,
	9874	+	13 a felony;
	9875	+	14 (3) probable cause to believe the person has violated the
	9876	+	15 provisions of IC 9-26-1-1.1 or IC 9-30-5;
	9877	+	16 (4) probable cause to believe the person is committing or
	9878	+	17 attempting to commit a misdemeanor in the officer's presence;
	9879	+	18 (5) probable cause to believe the person has committed a:
	9880	+	19 (A) battery resulting in bodily injury under IC 35-42-2-1; or
	9881	+	20 (B) domestic battery under IC 35-42-2-1.3.
	9882	+	21 The officer may use an affidavit executed by an individual alleged
	9883	+	22 to have direct knowledge of the incident alleging the elements of
	9884	+	23 the offense of battery to establish probable cause;
	9885	+	24 (6) probable cause to believe that the person violated
	9886	+	25 IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
	9887	+	26 (7) probable cause to believe that the person violated
	9888	+	27 IC 35-47-2-1.5 (unlawful carrying of a handgun) or IC 35-47-2-22
	9889	+	28 (counterfeit handgun license);
	9890	+	29 (8) probable cause to believe that the person is violating or has
	9891	+	30 violated an order issued under IC 35-50-7;
	9892	+	31 (9) probable cause to believe that the person is violating or has
	9893	+	32 violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
	9894	+	33 device);
	9895	+	34 (10) probable cause to believe that the person is:
	9896	+	35 (A) violating or has violated IC 35-45-2-5 (interference with
	9897	+	36 the reporting of a crime); and
	9898	+	37 (B) interfering with or preventing the reporting of a crime
	9899	+	38 involving domestic or family violence (as defined in
	9900	+	39 IC 34-6-2-34.5); IC 34-6-2.1-50);
	9901	+	40 (11) probable cause to believe that the person has committed theft
	9902	+	41 (IC 35-43-4-2);
	9903	+	42 (12) a removal order issued for the person by an immigration
	9904	+	SB 80—LS 6051/DI 112 231
	9905	+	1 court;
	9906	+	2 (13) a detainer or notice of action for the person issued by the
	9907	+	3 United States Department of Homeland Security; or
	9908	+	4 (14) probable cause to believe that the person has been indicted
	9909	+	5 for or convicted of one (1) or more aggravated felonies (as
	9910	+	6 defined in 8 U.S.C. 1101(a)(43)).
	9911	+	7 (b) A person who:
	9912	+	8 (1) is employed full time as a federal enforcement officer;
	9913	+	9 (2) is empowered to effect an arrest with or without warrant for a
	9914	+	10 violation of the United States Code; and
	9915	+	11 (3) is authorized to carry firearms in the performance of the
	9916	+	12 person's duties;
	9917	+	13 may act as an officer for the arrest of offenders against the laws of this
	9918	+	14 state where the person reasonably believes that a felony has been or is
	9919	+	15 about to be committed or attempted in the person's presence.
	9920	+	16 (c) A law enforcement officer who arrests a child or takes a child
	9921	+	17 into custody as described in IC 31-37-4-3.5 shall make a reasonable
	9922	+	18 attempt to notify:
	9923	+	19 (1) the child's parent, guardian, or custodian; or
	9924	+	20 (2) the emergency contact listed on the child's school record;
	9925	+	21 that the child has been arrested or taken into custody.
	9926	+	22 SECTION 229. IC 35-38-1-7.5, AS AMENDED BY P.L.142-2020,
	9927	+	23 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	9928	+	24 JULY 1, 2025]: Sec. 7.5. (a) As used in this section, "sexually violent
	9929	+	25 predator" means a person who suffers from a mental abnormality or
	9930	+	26 personality disorder that makes the individual likely to repeatedly
	9931	+	27 commit a sex offense (as defined in IC 11-8-8-5.2). The term includes
	9932	+	28 a person convicted in another jurisdiction who is identified as a
	9933	+	29 sexually violent predator under IC 11-8-8-20. The term does not
	9934	+	30 include a person no longer considered a sexually violent predator under
	9935	+	31 subsection (g).
	9936	+	32 (b) A person who:
	9937	+	33 (1) being at least eighteen (18) years of age, commits an offense
	9938	+	34 described in:
	9939	+	35 (A) IC 35-42-4-1;
	9940	+	36 (B) IC 35-42-4-2 (before its repeal);
	9941	+	37 (C) IC 35-42-4-3 as a Class A or Class B felony (for a crime
	9942	+	38 committed before July 1, 2014) or a Level 1, Level 2, Level 3,
	9943	+	39 or Level 4 felony (for a crime committed after June 30, 2014);
	9944	+	40 (D) IC 35-42-4-5(a)(1);
	9945	+	41 (E) IC 35-42-4-5(a)(2);
	9946	+	42 (F) IC 35-42-4-5(a)(3) (before that provision was redesignated
	9947	+	SB 80—LS 6051/DI 112 232
	9948	+	1 by P.L.158-2013, SECTION 441);
	9949	+	2 (G) IC 35-42-4-5(b)(1) as a Class A or Class B felony (for a
	9950	+	3 crime committed before July 1, 2014) or Level 2, Level 3, or
	9951	+	4 Level 4 felony (for a crime committed after June 30, 2014);
	9952	+	5 (H) IC 35-42-4-5(b)(2); or
	9953	+	6 (I) IC 35-42-4-5(b)(3) as a Class A or Class B felony (for a
	9954	+	7 crime committed before July 1, 2014) or a Level 2, Level 3, or
	9955	+	8 Level 4 felony (for a crime committed after June 30, 2014);
	9956	+	9 (2) commits a sex offense (as defined in IC 11-8-8-5.2) while
	9957	+	10 having a previous unrelated conviction for a sex offense for which
	9958	+	11 the person is required to register as a sex or violent offender under
	9959	+	12 IC 11-8-8;
	9960	+	13 (3) commits a sex offense (as defined in IC 11-8-8-5.2) while
	9961	+	14 having had a previous unrelated adjudication as a delinquent child
	9962	+	15 for an act that would be a sex offense if committed by an adult, if,
	9963	+	16 after considering expert testimony, a court finds by clear and
	9964	+	17 convincing evidence that the person is likely to commit an
	9965	+	18 additional sex offense; or
	9966	+	19 (4) commits a sex offense (as defined in IC 11-8-8-5.2) while
	9967	+	20 having had a previous unrelated adjudication as a delinquent child
	9968	+	21 for an act that would be a sex offense if committed by an adult, if
	9969	+	22 the person was required to register as a sex or violent offender
	9970	+	23 under IC 11-8-8-5(b)(2);
	9971	+	24 is a sexually violent predator. Except as provided in subsection (g) or
	9972	+	25 (h), a person is a sexually violent predator by operation of law if an
	9973	+	26 offense committed by the person satisfies the conditions set forth in
	9974	+	27 subdivision (1) or (2) and the person was released from incarceration,
	9975	+	28 secure detention, probation, or parole for the offense after June 30,
	9976	+	29 1994.
	9977	+	30 (c) This section applies whenever a court sentences a person or a
	9978	+	31 juvenile court issues a dispositional decree for a sex offense (as defined
	9979	+	32 in IC 11-8-8-5.2) for which the person is required to register with the
	9980	+	33 local law enforcement authority under IC 11-8-8.
	9981	+	34 (d) At the sentencing hearing, the court shall indicate on the record
	9982	+	35 whether the person has been convicted of an offense that makes the
	9983	+	36 person a sexually violent predator under subsection (b).
	9984	+	37 (e) If a person is not a sexually violent predator under subsection
	9985	+	38 (b), the prosecuting attorney may request the court to conduct a hearing
	9986	+	39 to determine whether the person (including a child adjudicated to be a
	9987	+	40 delinquent child) is a sexually violent predator under subsection (a). If
	9988	+	41 the court grants the motion, the court shall appoint two (2)
	9989	+	42 psychologists or psychiatrists who have expertise in criminal
	9990	+	SB 80—LS 6051/DI 112 233
	9991	+	1 behavioral disorders to evaluate the person and testify at the hearing.
	9992	+	2 After conducting the hearing and considering the testimony of the two
	9993	+	3 (2) psychologists or psychiatrists, the court shall determine whether the
	9994	+	4 person is a sexually violent predator under subsection (a). A hearing
	9995	+	5 conducted under this subsection may be combined with the person's
	9996	+	6 sentencing hearing.
	9997	+	7 (f) If a person is a sexually violent predator:
	9998	+	8 (1) the person is required to register with the local law
	9999	+	9 enforcement authority as provided in IC 11-8-8; and
	10000	+	10 (2) the court shall send notice to the department of correction.
	10001	+	11 (g) This subsection does not apply to a person who has two (2) or
	10002	+	12 more unrelated convictions for an offense described in IC 11-8-8-4.5
	10003	+	13 for which the person is required to register under IC 11-8-8. A person
	10004	+	14 who is a sexually violent predator may petition the court to consider
	10005	+	15 whether the person should no longer be considered a sexually violent
	10006	+	16 predator. The person may file a petition under this subsection not
	10007	+	17 earlier than ten (10) years after:
	10008	+	18 (1) the sentencing court or juvenile court makes its determination
	10009	+	19 under subsection (e); or
	10010	+	20 (2) the person is released from incarceration or secure detention.
	10011	+	21 A person may file a petition under this subsection not more than one
	10012	+	22 (1) time per year. A court may dismiss a petition filed under this
	10013	+	23 subsection or conduct a hearing to determine if the person should no
	10014	+	24 longer be considered a sexually violent predator. If the court conducts
	10015	+	25 a hearing, the court shall appoint two (2) psychologists or psychiatrists
	10016	+	26 who have expertise in criminal behavioral disorders to evaluate the
	10017	+	27 person and testify at the hearing. After conducting the hearing and
	10018	+	28 considering the testimony of the two (2) psychologists or psychiatrists,
	10019	+	29 the court shall determine whether the person should no longer be
	10020	+	30 considered a sexually violent predator under subsection (a). If a court
	10021	+	31 finds that the person should no longer be considered a sexually violent
	10022	+	32 predator, the court shall send notice to the department of correction that
	10023	+	33 the person is no longer considered a sexually violent predator or an
	10024	+	34 offender against children. Notwithstanding any other law, a condition
	10025	+	35 imposed on a person due to the person's status as a sexually violent
	10026	+	36 predator, including lifetime parole or GPS monitoring, does not apply
	10027	+	37 to a person no longer considered a sexually violent predator.
	10028	+	38 (h) A person is not a sexually violent predator by operation of law
	10029	+	39 under subsection (b)(1) if all of the following conditions are met:
	10030	+	40 (1) The victim was not less than twelve (12) years of age at the
	10031	+	41 time the offense was committed.
	10032	+	42 (2) The person is not more than four (4) years older than the
	10033	+	SB 80—LS 6051/DI 112 234
	10034	+	1 victim.
	10035	+	2 (3) The relationship between the person and the victim was a
	10036	+	3 dating relationship or an ongoing personal relationship. The term
	10037	+	4 "ongoing personal relationship" does not include a family
	10038	+	5 relationship.
	10039	+	6 (4) The offense committed by the person was not any of the
	10040	+	7 following:
	10041	+	8 (A) Rape (IC 35-42-4-1).
	10042	+	9 (B) Criminal deviate conduct (IC 35-42-4-2) (before its
	10043	+	10 repeal).
	10044	+	11 (C) An offense committed by using or threatening the use of
	10045	+	12 deadly force or while armed with a deadly weapon.
	10046	+	13 (D) An offense that results in serious bodily injury.
	10047	+	14 (E) An offense that is facilitated by furnishing the victim,
	10048	+	15 without the victim's knowledge, with a drug (as defined in
	10049	+	16 IC 16-42-19-2(1)) or a controlled substance (as defined in
	10050	+	17 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
	10051	+	18 furnished with the drug or controlled substance without the
	10052	+	19 victim's knowledge.
	10053	+	20 (5) The person has not committed another sex offense (as defined
	10054	+	21 in IC 11-8-8-5.2) (including a delinquent act that would be a sex
	10055	+	22 offense if committed by an adult) against any other person.
	10056	+	23 (6) The person did not have a position of authority or substantial
	10057	+	24 influence over the victim.
	10058	+	25 (7) The court finds that the person should not be considered a
	10059	+	26 sexually violent predator.
	10060	+	27 SECTION 230. IC 35-38-1-10.5, AS AMENDED BY P.L.56-2023,
	10061	+	28 SECTION 319, IS AMENDED TO READ AS FOLLOWS
	10062	+	29 [EFFECTIVE JULY 1, 2025]: Sec. 10.5. (a) The court:
	10063	+	30 (1) shall order that a person undergo a screening test for the
	10064	+	31 human immunodeficiency virus (HIV) if the person is:
	10065	+	32 (A) convicted of an offense relating to a criminal sexual act
	10066	+	33 and the offense created an epidemiologically demonstrated
	10067	+	34 risk of transmission of the human immunodeficiency virus
	10068	+	35 (HIV); or
	10069	+	36 (B) convicted of an offense relating to controlled substances
	10070	+	37 and the offense involved:
	10071	+	38 (i) the delivery by any person to another person; or
	10072	+	39 (ii) the use by any person on another person;
	10073	+	40 of a contaminated sharp (as defined in IC 16-41-16-2) or other
	10074	+	41 paraphernalia that creates an epidemiologically demonstrated
	10075	+	42 risk of transmission of HIV by involving percutaneous contact;
	10076	+	SB 80—LS 6051/DI 112 235
	10077	+	1 and
	10078	+	2 (2) may order that a person undergo a screening test for a serious
	10079	+	3 disease (as defined in IC 16-41-8-5) in accordance with
	10080	+	4 IC 16-41-8-5.
	10081	+	5 (b) If the screening test required by this section indicates the
	10082	+	6 presence of antibodies to HIV, the court shall order the person to
	10083	+	7 undergo a confirmatory test.
	10084	+	8 (c) If the confirmatory test confirms the presence of the HIV
	10085	+	9 antibodies, the court shall report the results to the Indiana department
	10086	+	10 of health and require a probation officer to conduct a presentence
	10087	+	11 investigation to:
	10088	+	12 (1) obtain the medical record of the convicted person from the
	10089	+	13 Indiana department of health under IC 16-41-8-1(b)(3); and
	10090	+	14 (2) determine whether the convicted person had received risk
	10091	+	15 counseling that included information on the behavior that
	10092	+	16 facilitates the transmission of HIV.
	10093	+	17 (d) A person who, in good faith:
	10094	+	18 (1) makes a report required to be made under this section; or
	10095	+	19 (2) testifies in a judicial proceeding on matters arising from the
	10096	+	20 report;
	10097	+	21 is immune from both civil and criminal liability due to the offering of
	10098	+	22 that report or testimony.
	10099	+	23 (e) The privileged communication between a husband and wife or
	10100	+	24 between a health care provider and the health care provider's patient is
	10101	+	25 not a ground for excluding information required under this section.
	10102	+	26 (f) A mental health service provider (as defined in IC 34-6-2-80)
	10103	+	27 IC 34-6-2.1-123) who discloses information that must be disclosed to
	10104	+	28 comply with this section is immune from civil and criminal liability
	10105	+	29 under Indiana statutes that protect patient privacy and confidentiality.
	10106	+	30 SECTION 231. IC 35-38-2-2.3, AS AMENDED BY P.L.56-2023,
	10107	+	31 SECTION 321, IS AMENDED TO READ AS FOLLOWS
	10108	+	32 [EFFECTIVE JULY 1, 2025]: Sec. 2.3. (a) As a condition of probation,
	10109	+	33 the court may require a person to do a combination of the following:
	10110	+	34 (1) Work faithfully at suitable employment or faithfully pursue a
	10111	+	35 course of study or career and technical education that will equip
	10112	+	36 the person for suitable employment.
	10113	+	37 (2) Undergo available medical or psychiatric treatment and
	10114	+	38 remain in a specified institution if required for that purpose.
	10115	+	39 (3) Attend or reside in a facility established for the instruction,
	10116	+	40 recreation, or residence of persons on probation.
	10117	+	41 (4) Participate in a treatment program, educational class, or
	10118	+	42 rehabilitative service provided by a probation department or by
	10119	+	SB 80—LS 6051/DI 112 236
	10120	+	1 referral to an agency.
	10121	+	2 (5) Support the person's dependents and meet other family
	10122	+	3 responsibilities.
	10123	+	4 (6) Make restitution or reparation to the victim of the crime for
	10124	+	5 damage or injury that was sustained by the victim. When
	10125	+	6 restitution or reparation is a condition of probation, the court shall
	10126	+	7 fix the amount, which may not exceed an amount the person can
	10127	+	8 or will be able to pay, and shall fix the manner of performance.
	10128	+	9 (7) Execute a repayment agreement with the appropriate
	10129	+	10 governmental entity to repay the full amount of public relief or
	10130	+	11 assistance wrongfully received, and make repayments according
	10131	+	12 to a repayment schedule set out in the agreement.
	10132	+	13 (8) Pay a fine authorized by IC 35-50.
	10133	+	14 (9) Refrain from possessing a firearm or other deadly weapon
	10134	+	15 unless granted written permission by the court or the person's
	10135	+	16 probation officer.
	10136	+	17 (10) Report to a probation officer at reasonable times as directed
	10137	+	18 by the court or the probation officer.
	10138	+	19 (11) Permit the person's probation officer to visit the person at
	10139	+	20 reasonable times at the person's home or elsewhere.
	10140	+	21 (12) Remain within the jurisdiction of the court, unless granted
	10141	+	22 permission to leave by the court or by the person's probation
	10142	+	23 officer.
	10143	+	24 (13) Answer all reasonable inquiries by the court or the person's
	10144	+	25 probation officer and promptly notify the court or probation
	10145	+	26 officer of any change in address or employment.
	10146	+	27 (14) Perform uncompensated work that benefits the community.
	10147	+	28 (15) Satisfy other conditions reasonably related to the person's
	10148	+	29 rehabilitation.
	10149	+	30 (16) Undergo home detention under IC 35-38-2.5.
	10150	+	31 (17) Undergo a laboratory test or series of tests approved by the
	10151	+	32 Indiana department of health to detect and confirm the presence
	10152	+	33 of the human immunodeficiency virus (HIV) antigen or antibodies
	10153	+	34 to the human immunodeficiency virus (HIV), if:
	10154	+	35 (A) the person had been convicted of an offense relating to a
	10155	+	36 criminal sexual act and the offense created an
	10156	+	37 epidemiologically demonstrated risk of transmission of the
	10157	+	38 human immunodeficiency virus (HIV); or
	10158	+	39 (B) the person had been convicted of an offense relating to a
	10159	+	40 controlled substance and the offense involved:
10082	10160		41 (i) the delivery by any person to another person; or
10083	10161		42 (ii) the use by any person on another person;
10084		-	ES 80—LS 6051/DI 112 ~~235~~
	10162	+	SB 80—LS 6051/DI 112 237
10085	10163		1 of a contaminated sharp (as defined in IC 16-41-16-2) or other
10086	10164		2 paraphernalia that creates an epidemiologically demonstrated
10087		-	3 risk of transmission of HIV by involving percutaneous contact;
10088		-	4 and
10089		-	5 (2) may order that a person undergo a screening test for a serious
10090		-	6 disease (as defined in IC 16-41-8-5) in accordance with
10091		-	7 IC 16-41-8-5.
10092		-	8 (b) If the screening test required by this section indicates the
10093		-	9 presence of antibodies to HIV, the court shall order the person to
10094		-	10 undergo a confirmatory test.
10095		-	11 (c) If the confirmatory test confirms the presence of the HIV
10096		-	12 antibodies, the court shall report the results to the Indiana department
10097		-	13 of health and require a probation officer to conduct a presentence
10098		-	14 investigation to:
10099		-	15 (1) obtain the medical record of the convicted person from the
10100		-	16 Indiana department of health under IC 16-41-8-1(b)(3); and
10101		-	17 (2) determine whether the convicted person had received risk
10102		-	18 counseling that included information on the behavior that
10103		-	19 facilitates the transmission of HIV.
10104		-	20 (d) A person who, in good faith:
10105		-	21 (1) makes a report required to be made under this section; or
10106		-	22 (2) testifies in a judicial proceeding on matters arising from the
10107		-	23 report;
10108		-	24 is immune from both civil and criminal liability due to the offering of
10109		-	25 that report or testimony.
10110		-	26 (e) The privileged communication between a husband and wife or
10111		-	27 between a health care provider and the health care provider's patient is
10112		-	28 not a ground for excluding information required under this section.
10113		-	29 (f) A mental health service provider (as defined in IC 34-6-2-80)
10114		-	30 IC 34-6-2.1-123) who discloses information that must be disclosed to
10115		-	31 comply with this section is immune from civil and criminal liability
10116		-	32 under Indiana statutes that protect patient privacy and confidentiality.
10117		-	33 SECTION 231. IC 35-38-2-2.3, AS AMENDED BY P.L.56-2023,
10118		-	34 SECTION 321, IS AMENDED TO READ AS FOLLOWS
10119		-	35 [EFFECTIVE JULY 1, 2025]: Sec. 2.3. (a) As a condition of probation,
10120		-	36 the court may require a person to do a combination of the following:
10121		-	37 (1) Work faithfully at suitable employment or faithfully pursue a
10122		-	38 course of study or career and technical education that will equip
10123		-	39 the person for suitable employment.
10124		-	40 (2) Undergo available medical or psychiatric treatment and
10125		-	41 remain in a specified institution if required for that purpose.
10126		-	42 (3) Attend or reside in a facility established for the instruction,
10127		-	ES 80—LS 6051/DI 112 236
10128		-	1 recreation, or residence of persons on probation.
10129		-	2 (4) Participate in a treatment program, educational class, or
10130		-	3 rehabilitative service provided by a probation department or by
10131		-	4 referral to an agency.
10132		-	5 (5) Support the person's dependents and meet other family
10133		-	6 responsibilities.
10134		-	7 (6) Make restitution or reparation to the victim of the crime for
10135		-	8 damage or injury that was sustained by the victim. When
10136		-	9 restitution or reparation is a condition of probation, the court shall
10137		-	10 fix the amount, which may not exceed an amount the person can
10138		-	11 or will be able to pay, and shall fix the manner of performance.
10139		-	12 (7) Execute a repayment agreement with the appropriate
10140		-	13 governmental entity to repay the full amount of public relief or
10141		-	14 assistance wrongfully received, and make repayments according
10142		-	15 to a repayment schedule set out in the agreement.
10143		-	16 (8) Pay a fine authorized by IC 35-50.
10144		-	17 (9) Refrain from possessing a firearm or other deadly weapon
10145		-	18 unless granted written permission by the court or the person's
10146		-	19 probation officer.
10147		-	20 (10) Report to a probation officer at reasonable times as directed
10148		-	21 by the court or the probation officer.
10149		-	22 (11) Permit the person's probation officer to visit the person at
10150		-	23 reasonable times at the person's home or elsewhere.
10151		-	24 (12) Remain within the jurisdiction of the court, unless granted
10152		-	25 permission to leave by the court or by the person's probation
10153		-	26 officer.
10154		-	27 (13) Answer all reasonable inquiries by the court or the person's
10155		-	28 probation officer and promptly notify the court or probation
10156		-	29 officer of any change in address or employment.
10157		-	30 (14) Perform uncompensated work that benefits the community.
10158		-	31 (15) Satisfy other conditions reasonably related to the person's
10159		-	32 rehabilitation.
10160		-	33 (16) Undergo home detention under IC 35-38-2.5.
10161		-	34 (17) Undergo a laboratory test or series of tests approved by the
10162		-	35 Indiana department of health to detect and confirm the presence
10163		-	36 of the human immunodeficiency virus (HIV) antigen or antibodies
10164		-	37 to the human immunodeficiency virus (HIV), if:
10165		-	38 (A) the person had been convicted of an offense relating to a
10166		-	39 criminal sexual act and the offense created an
10167		-	40 epidemiologically demonstrated risk of transmission of the
10168		-	41 human immunodeficiency virus (HIV); or
10169		-	42 (B) the person had been convicted of an offense relating to a
10170		-	ES 80—LS 6051/DI 112 237
10171		-	1 controlled substance and the offense involved:
10172		-	2 (i) the delivery by any person to another person; or
10173		-	3 (ii) the use by any person on another person;
10174		-	4 of a contaminated sharp (as defined in IC 16-41-16-2) or other
10175		-	5 paraphernalia that creates an epidemiologically demonstrated
10176		-	6 risk of transmission of HIV by involving percutaneous contact.
10177		-	7 (18) Refrain from any direct or indirect contact with an individual
10178		-	8 and, if convicted of an offense under IC 35-46-3, any animal
10179		-	9 belonging to the individual.
10180		-	10 (19) Execute a repayment agreement with the appropriate
10181		-	11 governmental entity or with a person for reasonable costs incurred
10182		-	12 because of the taking, detention, or return of a missing child (as
10183		-	13 defined in IC 10-13-5-4).
10184		-	14 (20) Periodically undergo a laboratory chemical test (as defined
10185		-	15 in IC 9-13-2-22) or series of chemical tests as specified by the
10186		-	16 court to detect and confirm the presence of a controlled substance
10187		-	17 (as defined in IC 35-48-1-9). IC 35-48-1.1-7). The person on
10188		-	18 probation is responsible for any charges resulting from a test and
10189		-	19 shall have the results of any test under this subdivision reported
10190		-	20 to the person's probation officer by the laboratory.
10191		-	21 (21) If the person was confined in a penal facility, execute a
10192		-	22 reimbursement plan as directed by the court and make repayments
10193		-	23 under the plan to the authority that operates the penal facility for
10194		-	24 all or part of the costs of the person's confinement in the penal
10195		-	25 facility. The court shall fix an amount that:
10196		-	26 (A) may not exceed an amount the person can or will be able
10197		-	27 to pay;
10198		-	28 (B) does not harm the person's ability to reasonably be self
10199		-	29 supporting or to reasonably support any dependent of the
10200		-	30 person; and
10201		-	31 (C) takes into consideration and gives priority to any other
10202		-	32 restitution, reparation, repayment, or fine the person is
10203		-	33 required to pay under this section.
10204		-	34 (22) Refrain from owning, harboring, or training an animal.
10205		-	35 (23) Participate in a reentry court program.
10206		-	36 (24) Receive:
10207		-	37 (A) addiction counseling;
10208		-	38 (B) mental health counseling;
10209		-	39 (C) inpatient detoxification; and
10210		-	40 (D) medication assisted treatment, including a federal Food
10211		-	41 and Drug Administration approved long acting, nonaddictive
10212		-	42 medication for the treatment of opioid or alcohol dependence.
10213		-	ES 80—LS 6051/DI 112 238
10214		-	1 (b) When a person is placed on probation, the person shall be given
10215		-	2 a written statement specifying:
10216		-	3 (1) the conditions of probation; and
10217		-	4 (2) that if the person violates a condition of probation during the
10218		-	5 probationary period, a petition to revoke probation may be filed
10219		-	6 before the earlier of the following:
10220		-	7 (A) One (1) year after the termination of probation.
10221		-	8 (B) Forty-five (45) days after the state receives notice of the
10222		-	9 violation.
10223		-	10 (c) As a condition of probation, the court may require that the
10224		-	11 person serve a term of imprisonment in an appropriate facility at the
10225		-	12 time or intervals (consecutive or intermittent) within the period of
10226		-	13 probation the court determines.
10227		-	14 (d) Intermittent service may be required only for a term of not more
10228		-	15 than sixty (60) days and must be served in the county or local penal
10229		-	16 facility. The intermittent term is computed on the basis of the actual
10230		-	17 days spent in confinement and shall be completed within one (1) year.
10231		-	18 A person does not earn good time credit while serving an intermittent
10232		-	19 term of imprisonment under this subsection. When the court orders
10233		-	20 intermittent service, the court shall state:
10234		-	21 (1) the term of imprisonment;
10235		-	22 (2) the days or parts of days during which a person is to be
10236		-	23 confined; and
10237		-	24 (3) the conditions.
10238		-	25 (e) Supervision of a person may be transferred from the court that
10239		-	26 placed the person on probation to a court of another jurisdiction, with
10240		-	27 the concurrence of both courts. Retransfers of supervision may occur
10241		-	28 in the same manner. This subsection does not apply to transfers made
10242		-	29 under IC 11-13-4 or IC 11-13-5.
10243		-	30 (f) When a court imposes a condition of probation described in
10244		-	31 subsection (a)(18):
10245		-	32 (1) the clerk of the court shall comply with IC 5-2-9; and
10246		-	33 (2) the prosecuting attorney shall file a confidential form
10247		-	34 prescribed or approved by the office of judicial administration
10248		-	35 with the clerk.
10249		-	36 (g) As a condition of probation, a court shall require a person:
10250		-	37 (1) who is described in IC 10-13-6-10(a);
10251		-	38 (2) who has not previously provided a DNA sample in accordance
10252		-	39 with IC 10-13-6; and
10253		-	40 (3) whose sentence does not involve a commitment to the
10254		-	41 department of correction;
10255		-	42 to provide a DNA sample as a condition of probation.
10256		-	ES 80—LS 6051/DI 112 239
10257		-	1 (h) If a court imposes a condition of probation described in
10258		-	2 subsection (a)(4), the person on probation is responsible for any costs
10259		-	3 resulting from the participation in a program, class, or service. Any
10260		-	4 costs collected for services provided by the probation department shall
10261		-	5 be deposited in the county or local supplemental adult services fund.
10262		-	6 SECTION 232. IC 35-42-1-1.5, AS AMENDED BY P.L.80-2019,
10263		-	7 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10264		-	8 JULY 1, 2025]: Sec. 1.5. (a) A person who knowingly or intentionally
10265		-	9 manufactures or delivers a controlled substance or controlled substance
10266		-	10 analog, in violation of:
10267		-	11 (1) IC 35-48-4-1 (dealing in cocaine or a narcotic drug);
10268		-	12 (2) IC 35-48-4-1.1 (dealing in methamphetamine);
10269		-	13 (3) IC 35-48-4-1.2 (manufacturing methamphetamine); or
10270		-	14 (4) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
10271		-	15 substance);
10272		-	16 that, when the controlled substance is used, injected, inhaled, absorbed,
10273		-	17 or ingested, results in the death of a human being who used the
10274		-	18 controlled substance, commits dealing in a controlled substance
10275		-	19 resulting in death, a Level 1 felony.
10276		-	20 (b) A person who knowingly or intentionally manufactures or
10277		-	21 delivers a controlled substance, in violation of IC 35-48-4-3, that, when
10278		-	22 the controlled substance is used, injected, inhaled, absorbed, or
10279		-	23 ingested, results in the death of a human being who used the controlled
10280		-	24 substance, commits dealing in a controlled substance resulting in death,
10281		-	25 a Level 2 felony.
10282		-	26 (c) A person who knowingly or intentionally manufactures or
10283		-	27 delivers a controlled substance, in violation of IC 35-48-4-4, an offense
10284		-	28 under IC 35-48-4 involving a synthetic drug (as defined in
10285		-	29 IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in
10286		-	30 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
10287		-	31 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
10288		-	32 substance analog (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8), or a
10289		-	33 substance represented to be a controlled substance (as described in
10290		-	34 IC 35-48-4-4.6), that, when the controlled substance is used, injected,
10291		-	35 inhaled, absorbed, or ingested, results in the death of a human being
10292		-	36 who used the controlled substance, commits dealing in a controlled
10293		-	37 substance resulting in death, a Level 3 felony.
10294		-	38 (d) It is not a defense to an offense described in this section that the
10295		-	39 human being died:
10296		-	40 (1) after voluntarily using, injecting, inhaling, absorbing, or
10297		-	41 ingesting a controlled substance or controlled substance analog;
10298		-	42 or
10299		-	ES 80—LS 6051/DI 112 240
10300		-	1 (2) as a result of using the controlled substance or controlled
10301		-	2 substance analog in combination with alcohol or another
10302		-	3 controlled substance or with any other compound, mixture,
10303		-	4 diluent, or substance.
10304		-	5 SECTION 233. IC 35-42-3.5-1.2, AS ADDED BY P.L.144-2018,
10305		-	6 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10306		-	7 JULY 1, 2025]: Sec. 1.2. (a) A person who knowingly or intentionally
10307		-	8 recruits, entices, harbors, or transports a child less than eighteen (18)
10308		-	9 years of age with the intent of causing the child to engage in:
10309		-	10 (1) prostitution or juvenile prostitution; or
10310		-	11 (2) a performance or incident that includes sexual conduct in
10311		-	12 violation of IC 35-42-4-4(b) or IC 35-42-4-4(c) (child
10312		-	13 exploitation);
10313		-	14 commits promotion of child sexual trafficking, a Level 3 felony.
10314		-	15 (b) It is not a defense to a prosecution under this section that the:
10315		-	16 (1) child consented to engage in prostitution or juvenile
10316		-	17 prostitution or to participate in sexual conduct; or
10317		-	18 (2) intended victim of the offense is a law enforcement officer.
10318		-	19 (c) A person who knowingly or intentionally recruits, entices,
10319		-	20 harbors, or transports a child less than sixteen (16) years of age with
10320		-	21 the intent of inducing or causing the child to participate in sexual
10321		-	22 conduct commits promotion of sexual trafficking of a younger child, a
10322		-	23 Level 3 felony. It is a defense to a prosecution under this subsection if:
10323		-	24 (1) the child is at least fourteen (14) years of age but less than
10324		-	25 sixteen (16) years of age and the person is less than eighteen (18)
10325		-	26 years of age; or
10326		-	27 (2) all the following apply:
10327		-	28 (A) The person is not more than four (4) years older than the
10328		-	29 victim.
10329		-	30 (B) The relationship between the person and the victim was a
10330		-	31 dating relationship or an ongoing personal relationship. The
10331		-	32 term "ongoing personal relationship" does not include a family
10332		-	33 relationship.
10333		-	34 (C) The crime:
10334		-	35 (i) was not committed by a person who is at least twenty-one
10335		-	36 (21) years of age;
10336		-	37 (ii) was not committed by using or threatening the use of
10337		-	38 deadly force;
10338		-	39 (iii) was not committed while armed with a deadly weapon;
10339		-	40 (iv) did not result in serious bodily injury;
10340		-	41 (v) was not facilitated by furnishing the victim, without the
10341		-	42 victim's knowledge, with a drug (as defined in
10342		-	ES 80—LS 6051/DI 112 241
10343		-	1 IC 16-42-19-2(1)) or a controlled substance (as defined in
10344		-	2 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim
10345		-	3 was furnished with the drug or controlled substance without
10346		-	4 the victim's knowledge; and
10347		-	5 (vi) was not committed by a person having a position of
10348		-	6 authority or substantial influence over the victim.
10349		-	7 (D) The person has not committed another sex offense (as
10350		-	8 defined in IC 11-8-8-5.2), including a delinquent act that
10351		-	9 would be a sex offense if committed by an adult, against any
10352		-	10 other person.
10353		-	11 (E) The person is not promoting prostitution (as defined in
10354		-	12 IC 35-45-4-4) with respect to the victim even though the
10355		-	13 person has not been charged with or convicted of the offense.
10356		-	14 SECTION 234. IC 35-42-4-1, AS AMENDED BY P.L.105-2022,
10357		-	15 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10358		-	16 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b), a
10359		-	17 person who knowingly or intentionally has sexual intercourse with
10360		-	18 another person or knowingly or intentionally causes another person to
10361		-	19 perform or submit to other sexual conduct (as defined in
10362		-	20 IC 35-31.5-2-221.5) when:
10363		-	21 (1) the other person is compelled by force or imminent threat of
10364		-	22 force;
10365		-	23 (2) the other person is unaware that the sexual intercourse or other
10366		-	24 sexual conduct (as defined in IC 35-31.5-2-221.5) is occurring;
10367		-	25 (3) the other person is so mentally disabled or deficient that
10368		-	26 consent to sexual intercourse or other sexual conduct (as defined
10369		-	27 in IC 35-31.5-2-221.5) cannot be given; or
10370		-	28 (4) the person disregarded the other person's attempts to
10371		-	29 physically, verbally, or by other visible conduct refuse the
10372		-	30 person's acts;
10373		-	31 commits rape, a Level 3 felony.
10374		-	32 (b) An offense described in subsection (a) is a Level 1 felony if:
10375		-	33 (1) it is committed by using or threatening the use of deadly force;
10376		-	34 (2) it is committed while armed with a deadly weapon;
10377		-	35 (3) it results in serious bodily injury to a person other than a
10378		-	36 defendant; or
10379		-	37 (4) the commission of the offense is facilitated by furnishing the
10380		-	38 victim, without the victim's knowledge, with a drug (as defined in
10381		-	39 IC 16-42-19-2(1)) or a controlled substance (as defined in
10382		-	40 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
10383		-	41 furnished with the drug or controlled substance without the
10384		-	42 victim's knowledge.
10385		-	ES 80—LS 6051/DI 112 242
10386		-	1 (c) In addition to any other penalty imposed for a violation of this
10387		-	2 section, the court shall order the person to pay restitution under
10388		-	3 IC 35-50-5-3 for expenses related to pregnancy and childbirth if the
10389		-	4 pregnancy is a result of the offense.
10390		-	5 SECTION 235. IC 35-42-4-3, AS AMENDED BY P.L.78-2022,
10391		-	6 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10392		-	7 JULY 1, 2025]: Sec. 3. (a) A person who, with a child under fourteen
10393		-	8 (14) years of age, knowingly or intentionally performs or submits to
10394		-	9 sexual intercourse or other sexual conduct (as defined in
10395		-	10 IC 35-31.5-2-221.5) commits child molesting, a Level 3 felony.
10396		-	11 However, the offense is a Level 1 felony if:
10397		-	12 (1) it is committed by a person at least twenty-one (21) years of
10398		-	13 age;
10399		-	14 (2) it is committed by using or threatening the use of deadly force
10400		-	15 or while armed with a deadly weapon;
10401		-	16 (3) it results in serious bodily injury;
10402		-	17 (4) the commission of the offense is facilitated by furnishing the
10403		-	18 victim, without the victim's knowledge, with a drug (as defined in
10404		-	19 IC 16-42-19-2(1)) or a controlled substance (as defined in
10405		-	20 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
10406		-	21 furnished with the drug or controlled substance without the
10407		-	22 victim's knowledge; or
10408		-	23 (5) it results in the transmission of a serious sexually transmitted
10409		-	24 disease and the person knew that the person was infected with the
10410		-	25 disease.
10411		-	26 (b) A person who, with a child under fourteen (14) years of age,
10412		-	27 performs or submits to any fondling or touching, of either the child or
10413		-	28 the older person, with intent to arouse or to satisfy the sexual desires of
10414		-	29 either the child or the older person, commits child molesting, a Level
10415		-	30 4 felony. However, the offense is a Level 2 felony if:
10416		-	31 (1) it is committed by using or threatening the use of deadly force;
10417		-	32 (2) it is committed while armed with a deadly weapon; or
10418		-	33 (3) the commission of the offense is facilitated by furnishing the
10419		-	34 victim, without the victim's knowledge, with a drug (as defined in
10420		-	35 IC 16-42-19-2(1)) or a controlled substance (as defined in
10421		-	36 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
10422		-	37 furnished with the drug or controlled substance without the
10423		-	38 victim's knowledge.
10424		-	39 (c) A person may be convicted of attempted child molesting of an
10425		-	40 individual at least fourteen (14) years of age if the person believed the
10426		-	41 individual to be a child under fourteen (14) years of age at the time the
10427		-	42 person attempted to commit the offense.
10428		-	ES 80—LS 6051/DI 112 243
10429		-	1 (d) It is a defense to a prosecution under this section that the
10430		-	2 accused person reasonably believed that the child was sixteen (16)
10431		-	3 years of age or older at the time of the conduct, unless:
10432		-	4 (1) the offense is committed by using or threatening the use of
10433		-	5 deadly force or while armed with a deadly weapon;
10434		-	6 (2) the offense results in serious bodily injury; or
10435		-	7 (3) the commission of the offense is facilitated by furnishing the
10436		-	8 victim, without the victim's knowledge, with a drug (as defined in
10437		-	9 IC 16-42-19-2(1)) or a controlled substance (as defined in
10438		-	10 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
10439		-	11 furnished with the drug or controlled substance without the
10440		-	12 victim's knowledge.
10441		-	13 (e) In addition to any other penalty imposed for a violation of this
10442		-	14 section, the court shall order the person to pay restitution under
10443		-	15 IC 35-50-5-3 for expenses related to pregnancy and childbirth if the
10444		-	16 pregnancy is a result of the offense.
10445		-	17 SECTION 236. IC 35-42-4-5, AS AMENDED BY P.L.158-2013,
10446		-	18 SECTION 441, IS AMENDED TO READ AS FOLLOWS
10447		-	19 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) A person eighteen (18) years
10448		-	20 of age or older who knowingly or intentionally directs, aids, induces,
10449		-	21 or causes a child under the age of sixteen (16) to touch or fondle
10450		-	22 himself or herself or another child under the age of sixteen (16) with
10451		-	23 intent to arouse or satisfy the sexual desires of a child or the older
10452		-	24 person commits vicarious sexual gratification, a Level 5 felony.
10453		-	25 However, the offense is:
10454		-	26 (1) a Level 4 felony if a child involved in the offense is under the
10455		-	27 age of fourteen (14); and
10456		-	28 (2) a Level 3 felony if:
10457		-	29 (A) the offense is committed by using or threatening the use of
10458		-	30 deadly force or while armed with a deadly weapon;
10459		-	31 (B) the commission of the offense is facilitated by furnishing
10460		-	32 the victim, without the victim's knowledge, with a drug (as
10461		-	33 defined in IC 16-42-19-2(1)) or a controlled substance (as
10462		-	34 defined in IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the
10463		-	35 victim was furnished with the drug or controlled substance
10464		-	36 without the victim's knowledge; or
10465		-	37 (C) the commission of the offense results in serious bodily
10466		-	38 injury.
10467		-	39 (b) A person eighteen (18) years of age or older who knowingly or
10468		-	40 intentionally directs, aids, induces, or causes a child under the age of
10469		-	41 sixteen (16) to:
10470		-	42 (1) engage in sexual intercourse with another child under sixteen
10471		-	ES 80—LS 6051/DI 112 244
10472		-	1 (16) years of age;
10473		-	2 (2) engage in sexual conduct with an animal other than a human
10474		-	3 being; or
10475		-	4 (3) engage in other sexual conduct (as defined in
10476		-	5 IC 35-31.5-2-221.5) with another person;
10477		-	6 with intent to arouse or satisfy the sexual desires of a child or the older
10478		-	7 person commits vicarious sexual gratification, a Level 4 felony.
10479		-	8 However, the offense is a Level 3 felony if any child involved in the
10480		-	9 offense is less than fourteen (14) years of age, and the offense is a
10481		-	10 Level 2 felony if the offense is committed by using or threatening the
10482		-	11 use of deadly force, if the offense is committed while armed with a
10483		-	12 deadly weapon, if the offense results in serious bodily injury, or if the
10484		-	13 commission of the offense is facilitated by furnishing the victim,
10485		-	14 without the victim's knowledge, with a drug (as defined in
10486		-	15 IC 16-42-19-2(1)) or a controlled substance (as defined in
10487		-	16 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
10488		-	17 furnished with the drug or controlled substance without the victim's
10489		-	18 knowledge.
10490		-	19 (c) A person eighteen (18) years of age or older who knowingly or
10491		-	20 intentionally:
10492		-	21 (1) engages in sexual intercourse;
10493		-	22 (2) engages in other sexual conduct (as defined in
10494		-	23 IC 35-31.5-2-221.5); or
10495		-	24 (3) touches or fondles the person's own body;
10496		-	25 in the presence of a child less than fourteen (14) years of age with the
10497		-	26 intent to arouse or satisfy the sexual desires of the child or the older
10498		-	27 person commits performing sexual conduct in the presence of a minor,
10499		-	28 a Level 6 felony.
10500		-	29 SECTION 237. IC 35-42-4-8, AS AMENDED BY P.L.158-2013,
10501		-	30 SECTION 444, IS AMENDED TO READ AS FOLLOWS
10502		-	31 [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) A person who, with intent to
10503		-	32 arouse or satisfy the person's own sexual desires or the sexual desires
10504		-	33 of another person:
10505		-	34 (1) touches another person when that person is:
10506		-	35 (A) compelled to submit to the touching by force or the
10507		-	36 imminent threat of force; or
10508		-	37 (B) so mentally disabled or deficient that consent to the
10509		-	38 touching cannot be given; or
10510		-	39 (2) touches another person's genitals, pubic area, buttocks, or
10511		-	40 female breast when that person is unaware that the touching is
10512		-	41 occurring;
10513		-	42 commits sexual battery, a Level 6 felony.
10514		-	ES 80—LS 6051/DI 112 245
10515		-	1 (b) An offense described in subsection (a) is a Level 4 felony if:
10516		-	2 (1) it is committed by using or threatening the use of deadly force;
10517		-	3 (2) it is committed while armed with a deadly weapon; or
	10165	+	3 risk of transmission of HIV by involving percutaneous contact.
	10166	+	4 (18) Refrain from any direct or indirect contact with an individual
	10167	+	5 and, if convicted of an offense under IC 35-46-3, any animal
	10168	+	6 belonging to the individual.
	10169	+	7 (19) Execute a repayment agreement with the appropriate
	10170	+	8 governmental entity or with a person for reasonable costs incurred
	10171	+	9 because of the taking, detention, or return of a missing child (as
	10172	+	10 defined in IC 10-13-5-4).
	10173	+	11 (20) Periodically undergo a laboratory chemical test (as defined
	10174	+	12 in IC 9-13-2-22) or series of chemical tests as specified by the
	10175	+	13 court to detect and confirm the presence of a controlled substance
	10176	+	14 (as defined in IC 35-48-1-9). IC 35-48-1.1-7). The person on
	10177	+	15 probation is responsible for any charges resulting from a test and
	10178	+	16 shall have the results of any test under this subdivision reported
	10179	+	17 to the person's probation officer by the laboratory.
	10180	+	18 (21) If the person was confined in a penal facility, execute a
	10181	+	19 reimbursement plan as directed by the court and make repayments
	10182	+	20 under the plan to the authority that operates the penal facility for
	10183	+	21 all or part of the costs of the person's confinement in the penal
	10184	+	22 facility. The court shall fix an amount that:
	10185	+	23 (A) may not exceed an amount the person can or will be able
	10186	+	24 to pay;
	10187	+	25 (B) does not harm the person's ability to reasonably be self
	10188	+	26 supporting or to reasonably support any dependent of the
	10189	+	27 person; and
	10190	+	28 (C) takes into consideration and gives priority to any other
	10191	+	29 restitution, reparation, repayment, or fine the person is
	10192	+	30 required to pay under this section.
	10193	+	31 (22) Refrain from owning, harboring, or training an animal.
	10194	+	32 (23) Participate in a reentry court program.
	10195	+	33 (24) Receive:
	10196	+	34 (A) addiction counseling;
	10197	+	35 (B) mental health counseling;
	10198	+	36 (C) inpatient detoxification; and
	10199	+	37 (D) medication assisted treatment, including a federal Food
	10200	+	38 and Drug Administration approved long acting, nonaddictive
	10201	+	39 medication for the treatment of opioid or alcohol dependence.
	10202	+	40 (b) When a person is placed on probation, the person shall be given
	10203	+	41 a written statement specifying:
	10204	+	42 (1) the conditions of probation; and
	10205	+	SB 80—LS 6051/DI 112 238
	10206	+	1 (2) that if the person violates a condition of probation during the
	10207	+	2 probationary period, a petition to revoke probation may be filed
	10208	+	3 before the earlier of the following:
	10209	+	4 (A) One (1) year after the termination of probation.
	10210	+	5 (B) Forty-five (45) days after the state receives notice of the
	10211	+	6 violation.
	10212	+	7 (c) As a condition of probation, the court may require that the
	10213	+	8 person serve a term of imprisonment in an appropriate facility at the
	10214	+	9 time or intervals (consecutive or intermittent) within the period of
	10215	+	10 probation the court determines.
	10216	+	11 (d) Intermittent service may be required only for a term of not more
	10217	+	12 than sixty (60) days and must be served in the county or local penal
	10218	+	13 facility. The intermittent term is computed on the basis of the actual
	10219	+	14 days spent in confinement and shall be completed within one (1) year.
	10220	+	15 A person does not earn good time credit while serving an intermittent
	10221	+	16 term of imprisonment under this subsection. When the court orders
	10222	+	17 intermittent service, the court shall state:
	10223	+	18 (1) the term of imprisonment;
	10224	+	19 (2) the days or parts of days during which a person is to be
	10225	+	20 confined; and
	10226	+	21 (3) the conditions.
	10227	+	22 (e) Supervision of a person may be transferred from the court that
	10228	+	23 placed the person on probation to a court of another jurisdiction, with
	10229	+	24 the concurrence of both courts. Retransfers of supervision may occur
	10230	+	25 in the same manner. This subsection does not apply to transfers made
	10231	+	26 under IC 11-13-4 or IC 11-13-5.
	10232	+	27 (f) When a court imposes a condition of probation described in
	10233	+	28 subsection (a)(18):
	10234	+	29 (1) the clerk of the court shall comply with IC 5-2-9; and
	10235	+	30 (2) the prosecuting attorney shall file a confidential form
	10236	+	31 prescribed or approved by the office of judicial administration
	10237	+	32 with the clerk.
	10238	+	33 (g) As a condition of probation, a court shall require a person:
	10239	+	34 (1) who is described in IC 10-13-6-10(a);
	10240	+	35 (2) who has not previously provided a DNA sample in accordance
	10241	+	36 with IC 10-13-6; and
	10242	+	37 (3) whose sentence does not involve a commitment to the
	10243	+	38 department of correction;
	10244	+	39 to provide a DNA sample as a condition of probation.
	10245	+	40 (h) If a court imposes a condition of probation described in
	10246	+	41 subsection (a)(4), the person on probation is responsible for any costs
	10247	+	42 resulting from the participation in a program, class, or service. Any
	10248	+	SB 80—LS 6051/DI 112 239
	10249	+	1 costs collected for services provided by the probation department shall
	10250	+	2 be deposited in the county or local supplemental adult services fund.
	10251	+	3 SECTION 232. IC 35-42-1-1.5, AS AMENDED BY P.L.80-2019,
	10252	+	4 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	10253	+	5 JULY 1, 2025]: Sec. 1.5. (a) A person who knowingly or intentionally
	10254	+	6 manufactures or delivers a controlled substance or controlled substance
	10255	+	7 analog, in violation of:
	10256	+	8 (1) IC 35-48-4-1 (dealing in cocaine or a narcotic drug);
	10257	+	9 (2) IC 35-48-4-1.1 (dealing in methamphetamine);
	10258	+	10 (3) IC 35-48-4-1.2 (manufacturing methamphetamine); or
	10259	+	11 (4) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
	10260	+	12 substance);
	10261	+	13 that, when the controlled substance is used, injected, inhaled, absorbed,
	10262	+	14 or ingested, results in the death of a human being who used the
	10263	+	15 controlled substance, commits dealing in a controlled substance
	10264	+	16 resulting in death, a Level 1 felony.
	10265	+	17 (b) A person who knowingly or intentionally manufactures or
	10266	+	18 delivers a controlled substance, in violation of IC 35-48-4-3, that, when
	10267	+	19 the controlled substance is used, injected, inhaled, absorbed, or
	10268	+	20 ingested, results in the death of a human being who used the controlled
	10269	+	21 substance, commits dealing in a controlled substance resulting in death,
	10270	+	22 a Level 2 felony.
	10271	+	23 (c) A person who knowingly or intentionally manufactures or
	10272	+	24 delivers a controlled substance, in violation of IC 35-48-4-4, an offense
	10273	+	25 under IC 35-48-4 involving a synthetic drug (as defined in
	10274	+	26 IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in
	10275	+	27 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
	10276	+	28 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
	10277	+	29 substance analog (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8), or a
	10278	+	30 substance represented to be a controlled substance (as described in
	10279	+	31 IC 35-48-4-4.6), that, when the controlled substance is used, injected,
	10280	+	32 inhaled, absorbed, or ingested, results in the death of a human being
	10281	+	33 who used the controlled substance, commits dealing in a controlled
	10282	+	34 substance resulting in death, a Level 3 felony.
	10283	+	35 (d) It is not a defense to an offense described in this section that the
	10284	+	36 human being died:
	10285	+	37 (1) after voluntarily using, injecting, inhaling, absorbing, or
	10286	+	38 ingesting a controlled substance or controlled substance analog;
	10287	+	39 or
	10288	+	40 (2) as a result of using the controlled substance or controlled
	10289	+	41 substance analog in combination with alcohol or another
	10290	+	42 controlled substance or with any other compound, mixture,
	10291	+	SB 80—LS 6051/DI 112 240
	10292	+	1 diluent, or substance.
	10293	+	2 SECTION 233. IC 35-42-3.5-1.2, AS ADDED BY P.L.144-2018,
	10294	+	3 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	10295	+	4 JULY 1, 2025]: Sec. 1.2. (a) A person who knowingly or intentionally
	10296	+	5 recruits, entices, harbors, or transports a child less than eighteen (18)
	10297	+	6 years of age with the intent of causing the child to engage in:
	10298	+	7 (1) prostitution or juvenile prostitution; or
	10299	+	8 (2) a performance or incident that includes sexual conduct in
	10300	+	9 violation of IC 35-42-4-4(b) or IC 35-42-4-4(c) (child
	10301	+	10 exploitation);
	10302	+	11 commits promotion of child sexual trafficking, a Level 3 felony.
	10303	+	12 (b) It is not a defense to a prosecution under this section that the:
	10304	+	13 (1) child consented to engage in prostitution or juvenile
	10305	+	14 prostitution or to participate in sexual conduct; or
	10306	+	15 (2) intended victim of the offense is a law enforcement officer.
	10307	+	16 (c) A person who knowingly or intentionally recruits, entices,
	10308	+	17 harbors, or transports a child less than sixteen (16) years of age with
	10309	+	18 the intent of inducing or causing the child to participate in sexual
	10310	+	19 conduct commits promotion of sexual trafficking of a younger child, a
	10311	+	20 Level 3 felony. It is a defense to a prosecution under this subsection if:
	10312	+	21 (1) the child is at least fourteen (14) years of age but less than
	10313	+	22 sixteen (16) years of age and the person is less than eighteen (18)
	10314	+	23 years of age; or
	10315	+	24 (2) all the following apply:
	10316	+	25 (A) The person is not more than four (4) years older than the
	10317	+	26 victim.
	10318	+	27 (B) The relationship between the person and the victim was a
	10319	+	28 dating relationship or an ongoing personal relationship. The
	10320	+	29 term "ongoing personal relationship" does not include a family
	10321	+	30 relationship.
	10322	+	31 (C) The crime:
	10323	+	32 (i) was not committed by a person who is at least twenty-one
	10324	+	33 (21) years of age;
	10325	+	34 (ii) was not committed by using or threatening the use of
	10326	+	35 deadly force;
	10327	+	36 (iii) was not committed while armed with a deadly weapon;
	10328	+	37 (iv) did not result in serious bodily injury;
	10329	+	38 (v) was not facilitated by furnishing the victim, without the
	10330	+	39 victim's knowledge, with a drug (as defined in
	10331	+	40 IC 16-42-19-2(1)) or a controlled substance (as defined in
	10332	+	41 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim
	10333	+	42 was furnished with the drug or controlled substance without
	10334	+	SB 80—LS 6051/DI 112 241
	10335	+	1 the victim's knowledge; and
	10336	+	2 (vi) was not committed by a person having a position of
	10337	+	3 authority or substantial influence over the victim.
	10338	+	4 (D) The person has not committed another sex offense (as
	10339	+	5 defined in IC 11-8-8-5.2), including a delinquent act that
	10340	+	6 would be a sex offense if committed by an adult, against any
	10341	+	7 other person.
	10342	+	8 (E) The person is not promoting prostitution (as defined in
	10343	+	9 IC 35-45-4-4) with respect to the victim even though the
	10344	+	10 person has not been charged with or convicted of the offense.
	10345	+	11 SECTION 234. IC 35-42-4-1, AS AMENDED BY P.L.105-2022,
	10346	+	12 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	10347	+	13 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b), a
	10348	+	14 person who knowingly or intentionally has sexual intercourse with
	10349	+	15 another person or knowingly or intentionally causes another person to
	10350	+	16 perform or submit to other sexual conduct (as defined in
	10351	+	17 IC 35-31.5-2-221.5) when:
	10352	+	18 (1) the other person is compelled by force or imminent threat of
	10353	+	19 force;
	10354	+	20 (2) the other person is unaware that the sexual intercourse or other
	10355	+	21 sexual conduct (as defined in IC 35-31.5-2-221.5) is occurring;
	10356	+	22 (3) the other person is so mentally disabled or deficient that
	10357	+	23 consent to sexual intercourse or other sexual conduct (as defined
	10358	+	24 in IC 35-31.5-2-221.5) cannot be given; or
	10359	+	25 (4) the person disregarded the other person's attempts to
	10360	+	26 physically, verbally, or by other visible conduct refuse the
	10361	+	27 person's acts;
	10362	+	28 commits rape, a Level 3 felony.
	10363	+	29 (b) An offense described in subsection (a) is a Level 1 felony if:
	10364	+	30 (1) it is committed by using or threatening the use of deadly force;
	10365	+	31 (2) it is committed while armed with a deadly weapon;
	10366	+	32 (3) it results in serious bodily injury to a person other than a
	10367	+	33 defendant; or
	10368	+	34 (4) the commission of the offense is facilitated by furnishing the
	10369	+	35 victim, without the victim's knowledge, with a drug (as defined in
	10370	+	36 IC 16-42-19-2(1)) or a controlled substance (as defined in
	10371	+	37 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
	10372	+	38 furnished with the drug or controlled substance without the
	10373	+	39 victim's knowledge.
	10374	+	40 (c) In addition to any other penalty imposed for a violation of this
	10375	+	41 section, the court shall order the person to pay restitution under
	10376	+	42 IC 35-50-5-3 for expenses related to pregnancy and childbirth if the
	10377	+	SB 80—LS 6051/DI 112 242
	10378	+	1 pregnancy is a result of the offense.
	10379	+	2 SECTION 235. IC 35-42-4-3, AS AMENDED BY P.L.78-2022,
	10380	+	3 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	10381	+	4 JULY 1, 2025]: Sec. 3. (a) A person who, with a child under fourteen
	10382	+	5 (14) years of age, knowingly or intentionally performs or submits to
	10383	+	6 sexual intercourse or other sexual conduct (as defined in
	10384	+	7 IC 35-31.5-2-221.5) commits child molesting, a Level 3 felony.
	10385	+	8 However, the offense is a Level 1 felony if:
	10386	+	9 (1) it is committed by a person at least twenty-one (21) years of
	10387	+	10 age;
	10388	+	11 (2) it is committed by using or threatening the use of deadly force
	10389	+	12 or while armed with a deadly weapon;
	10390	+	13 (3) it results in serious bodily injury;
	10391	+	14 (4) the commission of the offense is facilitated by furnishing the
	10392	+	15 victim, without the victim's knowledge, with a drug (as defined in
	10393	+	16 IC 16-42-19-2(1)) or a controlled substance (as defined in
	10394	+	17 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
	10395	+	18 furnished with the drug or controlled substance without the
	10396	+	19 victim's knowledge; or
	10397	+	20 (5) it results in the transmission of a serious sexually transmitted
	10398	+	21 disease and the person knew that the person was infected with the
	10399	+	22 disease.
	10400	+	23 (b) A person who, with a child under fourteen (14) years of age,
	10401	+	24 performs or submits to any fondling or touching, of either the child or
	10402	+	25 the older person, with intent to arouse or to satisfy the sexual desires of
	10403	+	26 either the child or the older person, commits child molesting, a Level
	10404	+	27 4 felony. However, the offense is a Level 2 felony if:
	10405	+	28 (1) it is committed by using or threatening the use of deadly force;
	10406	+	29 (2) it is committed while armed with a deadly weapon; or
	10407	+	30 (3) the commission of the offense is facilitated by furnishing the
	10408	+	31 victim, without the victim's knowledge, with a drug (as defined in
	10409	+	32 IC 16-42-19-2(1)) or a controlled substance (as defined in
	10410	+	33 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
	10411	+	34 furnished with the drug or controlled substance without the
	10412	+	35 victim's knowledge.
	10413	+	36 (c) A person may be convicted of attempted child molesting of an
	10414	+	37 individual at least fourteen (14) years of age if the person believed the
	10415	+	38 individual to be a child under fourteen (14) years of age at the time the
	10416	+	39 person attempted to commit the offense.
	10417	+	40 (d) It is a defense to a prosecution under this section that the
	10418	+	41 accused person reasonably believed that the child was sixteen (16)
	10419	+	42 years of age or older at the time of the conduct, unless:
	10420	+	SB 80—LS 6051/DI 112 243
	10421	+	1 (1) the offense is committed by using or threatening the use of
	10422	+	2 deadly force or while armed with a deadly weapon;
	10423	+	3 (2) the offense results in serious bodily injury; or
10518	10424		4 (3) the commission of the offense is facilitated by furnishing the
10519	10425		5 victim, without the victim's knowledge, with a drug (as defined in
10520	10426		6 IC 16-42-19-2(1)) or a controlled substance (as defined in
10521	10427		7 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
10522	10428		8 furnished with the drug or controlled substance without the
10523	10429		9 victim's knowledge.
10524		-	10 SECTION 238. IC 35-42-4-9, AS AMENDED BY P.L.40-2019,
10525		-	11 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10526		-	12 JULY 1, 2025]: Sec. 9. (a) A person at least eighteen (18) years of age
10527		-	13 who knowingly or intentionally performs or submits to sexual
10528		-	14 intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5)
10529		-	15 with a child less than sixteen (16) years of age, commits sexual
10530		-	16 misconduct with a minor, a Level 5 felony. However, the offense is:
10531		-	17 (1) a Level 4 felony if it is committed by a person at least
10532		-	18 twenty-one (21) years of age; and
10533		-	19 (2) a Level 1 felony if it is committed by using or threatening the
10534		-	20 use of deadly force, if it is committed while armed with a deadly
10535		-	21 weapon, if it results in serious bodily injury, or if the commission
10536		-	22 of the offense is facilitated by furnishing the victim, without the
10537		-	23 victim's knowledge, with a drug (as defined in IC 16-42-19-2(1))
10538		-	24 or a controlled substance (as defined in IC 35-48-1-9)
10539		-	25 IC 35-48-1.1-7) or knowing that the victim was furnished with
10540		-	26 the drug or controlled substance without the victim's knowledge.
10541		-	27 (b) A person at least eighteen (18) years of age who knowingly or
10542		-	28 intentionally performs or submits to any fondling or touching with a
10543		-	29 child less than sixteen (16) years of age with intent to arouse or to
10544		-	30 satisfy the sexual desires of either the child or the older person,
10545		-	31 commits sexual misconduct with a minor, a Level 6 felony. However,
10546		-	32 the offense is:
10547		-	33 (1) a Level 5 felony if it is committed by a person at least
10548		-	34 twenty-one (21) years of age; and
10549		-	35 (2) a Level 2 felony if it is committed by using or threatening the
10550		-	36 use of deadly force, while armed with a deadly weapon, or if the
10551		-	37 commission of the offense is facilitated by furnishing the victim,
10552		-	38 without the victim's knowledge, with a drug (as defined in
10553		-	39 IC 16-42-19-2(1)) or a controlled substance (as defined in
10554		-	40 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
10555		-	41 furnished with the drug or controlled substance without the
10556		-	42 victim's knowledge.
10557		-	ES 80—LS 6051/DI 112 246
10558		-	1 (c) It is a defense that the accused person reasonably believed that
10559		-	2 the child was at least sixteen (16) years of age at the time of the
10560		-	3 conduct. However, this subsection does not apply to an offense
10561		-	4 described in subsection (a)(2) or (b)(2).
10562		-	5 (d) It is a defense that the child is or has ever been married.
10563		-	6 However, this subsection does not apply to an offense described in
10564		-	7 subsection (a)(2) or (b)(2).
10565		-	8 (e) It is a defense to a prosecution under this section if all the
10566		-	9 following apply:
10567		-	10 (1) The person is not more than four (4) years older than the
10568		-	11 victim.
10569		-	12 (2) The relationship between the person and the victim was a
10570		-	13 dating relationship or an ongoing personal relationship. The term
10571		-	14 "ongoing personal relationship" does not include a family
10572		-	15 relationship.
10573		-	16 (3) The crime:
10574		-	17 (A) was not committed by a person who is at least twenty-one
10575		-	18 (21) years of age;
10576		-	19 (B) was not committed by using or threatening the use of
10577		-	20 deadly force;
10578		-	21 (C) was not committed while armed with a deadly weapon;
10579		-	22 (D) did not result in serious bodily injury;
10580		-	23 (E) was not facilitated by furnishing the victim, without the
10581		-	24 victim's knowledge, with a drug (as defined in
10582		-	25 IC 16-42-19-2(1)) or a controlled substance (as defined in
10583		-	26 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
10584		-	27 furnished with the drug or controlled substance without the
10585		-	28 victim's knowledge; and
10586		-	29 (F) was not committed by a person having a position of
10587		-	30 authority or substantial influence over the victim.
10588		-	31 (4) The person has not committed another sex offense (as defined
10589		-	32 in IC 11-8-8-5.2) (including a delinquent act that would be a sex
10590		-	33 offense if committed by an adult) against any other person.
10591		-	34 (5) The person is not promoting prostitution (as defined in
10592		-	35 IC 35-45-4-4) with respect to the victim even though the person
10593		-	36 has not been charged with or convicted of the offense.
10594		-	37 SECTION 239. IC 35-43-2-2, AS AMENDED BY P.L.171-2024,
10595		-	38 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10596		-	39 JULY 1, 2025]: Sec. 2. (a) As used in this section, "authorized person"
10597		-	40 means a person authorized by an agricultural operation or a scientific
10598		-	41 research facility to act on behalf of the agricultural operation or the
10599		-	42 scientific research facility.
10600		-	ES 80—LS 6051/DI 112 247
10601		-	1 (b) A person who:
10602		-	2 (1) not having a contractual interest in the property, knowingly or
10603		-	3 intentionally enters the real property of another person after
10604		-	4 having been denied entry by the other person or that person's
10605		-	5 agent;
10606		-	6 (2) not having a contractual interest in the property, knowingly or
10607		-	7 intentionally refuses to leave the real property of another person
10608		-	8 after having been asked to leave by the other person or that
10609		-	9 person's agent;
10610		-	10 (3) accompanies another person in a vehicle, with knowledge that
10611		-	11 the other person knowingly or intentionally is exerting
10612		-	12 unauthorized control over the vehicle;
10613		-	13 (4) knowingly or intentionally interferes with the possession or
10614		-	14 use of the property of another person without the person's consent;
10615		-	15 (5) not having a contractual interest in the property, knowingly or
10616		-	16 intentionally enters the:
10617		-	17 (A) property of an agricultural operation that is used for the
10618		-	18 production, processing, propagation, packaging, cultivation,
10619		-	19 harvesting, care, management, or storage of an animal, plant,
10620		-	20 or other agricultural product, including any pasturage or land
10621		-	21 used for timber management, without the consent of the owner
10622		-	22 of the agricultural operation or an authorized person; or
10623		-	23 (B) dwelling of another person without the person's consent;
10624		-	24 (6) knowingly or intentionally:
10625		-	25 (A) travels by train without lawful authority or the railroad
10626		-	26 carrier's consent; and
10627		-	27 (B) rides on the outside of a train or inside a passenger car,
10628		-	28 locomotive, or freight car, including a boxcar, flatbed, or
10629		-	29 container without lawful authority or the railroad carrier's
10630		-	30 consent;
10631		-	31 (7) not having a contractual interest in the property, knowingly or
10632		-	32 intentionally enters or refuses to leave the property of another
10633		-	33 person after having been prohibited from entering or asked to
10634		-	34 leave the property by a law enforcement officer when the property
10635		-	35 is:
10636		-	36 (A) vacant real property (as defined in IC 36-7-36-5) or a
10637		-	37 vacant structure (as defined in IC 36-7-36-6); or
10638		-	38 (B) designated by a municipality or county enforcement
10639		-	39 authority to be:
10640		-	40 (i) abandoned property or an abandoned structure (as
10641		-	41 defined in IC 36-7-36-1); or
10642		-	42 (ii) an unsafe building or an unsafe premises (as described
10643		-	ES 80—LS 6051/DI 112 248
10644		-	1 in IC 36-7-9);
10645		-	2 (8) not having a contractual interest in the property, knowingly or
10646		-	3 intentionally enters the real property of an agricultural operation
10647		-	4 (as defined in IC 32-30-6-1) without the permission of the owner
10648		-	5 of the agricultural operation or an authorized person, and
10649		-	6 knowingly or intentionally engages in conduct that causes
10650		-	7 property damage to:
10651		-	8 (A) the owner of or a person having a contractual interest in
10652		-	9 the agricultural operation;
10653		-	10 (B) the operator of the agricultural operation; or
10654		-	11 (C) a person having personal property located on the property
10655		-	12 of the agricultural operation;
10656		-	13 (9) not having a contractual interest in the property, knowingly or
10657		-	14 intentionally enters the real property of a scientific research
10658		-	15 facility (as defined in IC 35-31.5-2-287) without the permission
10659		-	16 of, or with permission which was fraudulently obtained from, the
10660		-	17 owner of the scientific research facility or an authorized person,
10661		-	18 and knowingly or intentionally engages in conduct that causes
10662		-	19 property damage to:
10663		-	20 (A) the owner of or a person having a contractual interest in
10664		-	21 the scientific research facility;
10665		-	22 (B) the operator of the scientific research facility; or
10666		-	23 (C) a person having personal property located on the property
10667		-	24 of the scientific research facility;
10668		-	25 (10) knowingly or intentionally enters the property of another
10669		-	26 person after being denied entry by a court order that has been
10670		-	27 issued to the person or issued to the general public by
10671		-	28 conspicuous posting on or around the premises in areas where a
10672		-	29 person can observe the order when the property has been
10673		-	30 designated by a municipality or county enforcement authority to
10674		-	31 be:
10675		-	32 (A) a vacant property;
10676		-	33 (B) an abandoned property;
10677		-	34 (C) an abandoned structure (as defined in IC 36-7-36-1); or
10678		-	35 (D) an unsafe building or an unsafe premises (as described in
10679		-	36 IC 36-7-9);
10680		-	37 (11) knowingly or intentionally enters or refuses to leave the polls
10681		-	38 (as defined in IC 3-5-2-39) IC 3-5-2.1-80) or chute (as defined in
10682		-	39 IC 3-5-2-10) IC 3-5-2.1-21) after having been prohibited from
10683		-	40 entering or asked to leave the polls or chute by a precinct election
10684		-	41 officer (as defined in IC 3-5-2-40.1) IC 3-5-2.1-82) or a law
10685		-	42 enforcement officer acting on behalf of a precinct election officer;
10686		-	ES 80—LS 6051/DI 112 249
10687		-	1 or
10688		-	2 (12) knowingly or intentionally:
10689		-	3 (A) without permission or prior authorization, enters an area
10690		-	4 of property that is locked; or
10691		-	5 (B) refuses to leave an area of a property that is otherwise not
10692		-	6 accessible to the public, after being asked to leave the area of
10693		-	7 a property by a law enforcement officer or an employee or
10694		-	8 agent of the owner or operator of the property;
10695		-	9 commits criminal trespass, a Class A misdemeanor. However, the
10696		-	10 offense is a Level 6 felony if it is committed on a scientific research
10697		-	11 facility, on a facility belonging to a public utility (as defined in
10698		-	12 IC 32-24-1-5.9(a)), on school property, or on a school bus or the person
10699		-	13 has a prior unrelated conviction for an offense under this section
10700		-	14 concerning the same property. The offense is a Level 6 felony, for
10701		-	15 purposes of subdivision (8), if the property damage is more than seven
10702		-	16 hundred fifty dollars ($750) and less than fifty thousand dollars
10703		-	17 ($50,000). The offense is a Level 5 felony, for purposes of subdivisions
10704		-	18 (8) and (9), if the property damage is at least fifty thousand dollars
10705		-	19 ($50,000).
10706		-	20 (c) A person has been denied entry under subsection (b)(1) when the
10707		-	21 person has been denied entry by means of:
10708		-	22 (1) personal communication, oral or written;
10709		-	23 (2) posting or exhibiting a notice at the main entrance in a manner
10710		-	24 that is either prescribed by law or likely to come to the attention
10711		-	25 of the public;
10712		-	26 (3) a hearing authority or court order under IC 32-30-6,
10713		-	27 IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36; or
10714		-	28 (4) posting the property by placing identifying purple marks on
10715		-	29 trees or posts around the area where entry is denied.
10716		-	30 (d) For the purposes of subsection (c)(4):
10717		-	31 (1) each purple mark must be readily visible to any person
10718		-	32 approaching the property and must be placed:
10719		-	33 (A) on a tree:
10720		-	34 (i) as a vertical line of at least eight (8) inches in length and
10721		-	35 with the bottom of the mark at least three (3) feet and not
10722		-	36 more than five (5) feet from the ground; and
10723		-	37 (ii) not more than one hundred (100) feet from the nearest
10724		-	38 other marked tree; or
10725		-	39 (B) on a post:
10726		-	40 (i) with the mark covering at least the top two (2) inches of
10727		-	41 the post, and with the bottom of the mark at least three (3)
10728		-	42 feet and not more than five (5) feet six (6) inches from the
10729		-	ES 80—LS 6051/DI 112 250
10730		-	1 ground; and
10731		-	2 (ii) not more than thirty-six (36) feet from the nearest other
10732		-	3 marked post; and
10733		-	4 (2) before a purple mark that would be visible from both sides of
10734		-	5 a fence shared by different property owners or lessees may be
10735		-	6 applied, all of the owners or lessees of the properties must agree
10736		-	7 to post the properties with purple marks under subsection (c)(4).
10737		-	8 (e) A law enforcement officer may not deny entry to property or ask
10738		-	9 a person to leave a property under subsection (b)(7) unless there is
10739		-	10 reasonable suspicion that criminal activity has occurred or is occurring.
10740		-	11 (f) A person described in subsection (b)(7) or (b)(10) violates
10741		-	12 subsection (b)(7) or (b)(10), as applicable, unless the person has the
10742		-	13 written permission of the owner, the owner's agent, an enforcement
10743		-	14 authority, or a court to come onto the property for purposes of
10744		-	15 performing maintenance, repair, or demolition.
10745		-	16 (g) A person described in subsection (b)(10) violates subsection
10746		-	17 (b)(10) unless the court that issued the order denying the person entry
10747		-	18 grants permission for the person to come onto the property.
10748		-	19 (h) Subsections (b), (c), and (g) do not apply to the following:
10749		-	20 (1) A passenger on a train.
10750		-	21 (2) An employee of a railroad carrier while engaged in the
10751		-	22 performance of official duties.
10752		-	23 (3) A law enforcement officer, firefighter, or emergency response
10753		-	24 personnel while engaged in the performance of official duties.
10754		-	25 (4) A person going on railroad property in an emergency to rescue
10755		-	26 a person or animal from harm's way or to remove an object that
10756		-	27 the person reasonably believes poses an imminent threat to life or
10757		-	28 limb.
10758		-	29 (5) A person on the station grounds or in the depot of a railroad
10759		-	30 carrier:
10760		-	31 (A) as a passenger; or
10761		-	32 (B) for the purpose of transacting lawful business.
10762		-	33 (6) A:
10763		-	34 (A) person; or
10764		-	35 (B) person's:
10765		-	36 (i) family member;
10766		-	37 (ii) invitee;
10767		-	38 (iii) employee;
10768		-	39 (iv) agent; or
10769		-	40 (v) independent contractor;
10770		-	41 going on a railroad's right-of-way for the purpose of crossing at a
10771		-	42 private crossing site approved by the railroad carrier to obtain
10772		-	ES 80—LS 6051/DI 112 251
10773		-	1 access to land that the person owns, leases, or operates.
10774		-	2 (7) A person having written permission from the railroad carrier
10775		-	3 to go on specified railroad property.
10776		-	4 (8) A representative of the Indiana department of transportation
10777		-	5 while engaged in the performance of official duties.
10778		-	6 (9) A representative of the federal Railroad Administration while
10779		-	7 engaged in the performance of official duties.
10780		-	8 (10) A representative of the National Transportation Safety Board
10781		-	9 while engaged in the performance of official duties.
10782		-	10 SECTION 240. IC 35-45-6-1, AS AMENDED BY P.L.185-2023,
10783		-	11 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10784		-	12 JULY 1, 2025]: Sec. 1. (a) The definitions in this section apply
10785		-	13 throughout this chapter.
10786		-	14 (b) "Documentary material" means any document, drawing,
10787		-	15 photograph, recording, or other tangible item containing compiled data
10788		-	16 from which information can be either obtained or translated into a
10789		-	17 usable form.
10790		-	18 (c) "Enterprise" means:
10791		-	19 (1) a sole proprietorship, corporation, limited liability company,
10792		-	20 partnership, business trust, or governmental entity; or
10793		-	21 (2) a union, an association, or a group, whether a legal entity or
10794		-	22 merely associated in fact.
10795		-	23 (d) "Pattern of racketeering activity" means engaging in at least two
10796		-	24 (2) incidents of racketeering activity that have the same or similar
10797		-	25 intent, result, accomplice, victim, or method of commission, or that are
10798		-	26 otherwise interrelated by distinguishing characteristics that are not
10799		-	27 isolated incidents. However, the incidents are a pattern of racketeering
10800		-	28 activity only if at least one (1) of the incidents occurred after August
10801		-	29 31, 1980, and if the last of the incidents occurred within five (5) years
10802		-	30 after a prior incident of racketeering activity.
10803		-	31 (e) "Racketeering activity" means to commit, to attempt to commit,
10804		-	32 to conspire to commit a violation of, or aiding and abetting in a
10805		-	33 violation of any of the following:
10806		-	34 (1) A provision of IC 23-19, or of a rule or order issued under
10807		-	35 IC 23-19.
10808		-	36 (2) A violation of IC 35-45-9.
10809		-	37 (3) A violation of IC 35-47.
10810		-	38 (4) A violation of IC 35-49-3.
10811		-	39 (5) Murder (IC 35-42-1-1).
10812		-	40 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
10813		-	41 felony after June 30, 2014 (IC 35-42-2-1).
10814		-	42 (7) Kidnapping (IC 35-42-3-2).
10815		-	ES 80—LS 6051/DI 112 252
10816		-	1 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
10817		-	2 (9) Child exploitation (IC 35-42-4-4).
10818		-	3 (10) Robbery (IC 35-42-5-1).
10819		-	4 (11) Carjacking (IC 35-42-5-2) (before its repeal).
10820		-	5 (12) Arson (IC 35-43-1-1).
10821		-	6 (13) Burglary (IC 35-43-2-1).
10822		-	7 (14) Theft (IC 35-43-4-2).
10823		-	8 (15) Receiving stolen property (IC 35-43-4-2) (before its
10824		-	9 amendment on July 1, 2018).
10825		-	10 (16) Forgery (IC 35-43-5-2).
10826		-	11 (17) An offense under IC 35-43-5.
10827		-	12 (18) Bribery (IC 35-44.1-1-2).
10828		-	13 (19) Official misconduct (IC 35-44.1-1-1).
10829		-	14 (20) Conflict of interest (IC 35-44.1-1-4).
10830		-	15 (21) Perjury (IC 35-44.1-2-1).
10831		-	16 (22) Obstruction of justice (IC 35-44.1-2-2).
10832		-	17 (23) Intimidation (IC 35-45-2-1).
10833		-	18 (24) Promoting prostitution (IC 35-45-4-4).
10834		-	19 (25) Professional gambling (IC 35-45-5-3).
10835		-	20 (26) Maintaining a professional gambling site
10836		-	21 (IC 35-45-5-3.5(b)).
10837		-	22 (27) Promoting professional gambling (IC 35-45-5-4).
10838		-	23 (28) Dealing in or manufacturing cocaine or a narcotic drug
10839		-	24 (IC 35-48-4-1).
10840		-	25 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
10841		-	26 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
10842		-	27 (31) Dealing in a schedule I, II, or III controlled substance
10843		-	28 (IC 35-48-4-2).
10844		-	29 (32) Dealing in a schedule IV controlled substance
10845		-	30 (IC 35-48-4-3).
10846		-	31 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
10847		-	32 (34) Dealing in marijuana, hash oil, hashish, or salvia
10848		-	33 (IC 35-48-4-10).
10849		-	34 (35) Money laundering (IC 35-45-15-5).
10850		-	35 (36) A violation of IC 35-47.5-5.
10851		-	36 (37) A violation of any of the following:
10852		-	37 (A) IC 23-14-48-9.
10853		-	38 (B) IC 30-2-9-7(b).
10854		-	39 (C) IC 30-2-10-9(b).
10855		-	40 (D) IC 30-2-13-38(f).
10856		-	41 (38) Practice of law by a person who is not an attorney
10857		-	42 (IC 33-43-2-1).
10858		-	ES 80—LS 6051/DI 112 253
10859		-	1 (39) An offense listed in IC 35-48-4 involving the manufacture or
10860		-	2 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
10861		-	3 synthetic drug lookalike substance (as defined in
10862		-	4 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
10863		-	5 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
10864		-	6 substance analog (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8),
10865		-	7 or a substance represented to be a controlled substance (as
10866		-	8 described in IC 35-48-4-4.6).
10867		-	9 (40) Dealing in a controlled substance resulting in death
10868		-	10 (IC 35-42-1-1.5).
10869		-	11 (41) Organized retail theft (IC 35-43-4-2.2).
10870		-	12 SECTION 241. IC 35-45-21-5, AS ADDED BY P.L.158-2013,
10871		-	13 SECTION 547, IS AMENDED TO READ AS FOLLOWS
10872		-	14 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) The following definitions
10873		-	15 apply throughout this section:
10874		-	16 (1) "Health care provider" refers to a health care provider (as
10875		-	17 defined in IC 16-18-2-163(a), IC 16-18-2-163(b), or
10876		-	18 IC 16-18-2-163(c)) or a qualified medication aide as described in
10877		-	19 IC 16-28-1-11.
10878		-	20 (2) "Licensed health professional" has the meaning set forth in
10879		-	21 IC 25-23-1-27.1.
10880		-	22 (3) "Practitioner" has the meaning set forth in IC 16-42-19-5.
10881		-	23 However, the term does not include a veterinarian.
10882		-	24 (4) "Prescription drug" has the meaning set forth in
10883		-	25 IC 35-48-1-25. IC 35-48-1.1-35.
10884		-	26 (b) A person who knowingly or intentionally physically interrupts,
10885		-	27 obstructs, or alters the delivery or administration of a prescription drug:
10886		-	28 (1) prescribed or ordered by a practitioner for a person who is a
10887		-	29 patient of the practitioner; and
10888		-	30 (2) without the prescription or order of a practitioner;
10889		-	31 commits interference with medical services, a Class A misdemeanor,
10890		-	32 except as provided in subsection (c).
10891		-	33 (c) An offense described in subsection (b) is:
10892		-	34 (1) a Level 6 felony if the offense results in bodily injury;
10893		-	35 (2) a Level 5 felony if it is committed by a person who is a
10894		-	36 licensed health care provider or licensed health professional;
10895		-	37 (3) a Level 4 felony if it results in serious bodily injury to the
10896		-	38 patient; and
10897		-	39 (4) a Level 2 felony if it results in the death of the patient.
10898		-	40 (d) A person is justified in engaging in conduct otherwise prohibited
10899		-	41 under this section if the conduct is performed by:
10900		-	42 (1) a health care provider or licensed health professional who acts
10901		-	ES 80—LS 6051/DI 112 254
10902		-	1 in good faith within the scope of the person's practice or
10903		-	2 employment; or
10904		-	3 (2) a person who is rendering emergency care at the scene of an
10905		-	4 emergency or accident in a good faith attempt to avoid or
10906		-	5 minimize serious bodily injury to the patient.
10907		-	6 SECTION 242. IC 35-46-1-8, AS AMENDED BY P.L.252-2017,
10908		-	7 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10909		-	8 JULY 1, 2025]: Sec. 8. (a) A person at least eighteen (18) years of age
10910		-	9 who knowingly or intentionally encourages, aids, induces, or causes a
10911		-	10 child to commit an act of delinquency (as defined by IC 31-37-1 or
10912		-	11 IC 31-37-2) commits contributing to delinquency, a Class A
10913		-	12 misdemeanor, except as provided in subsections (b) through (e).
10914		-	13 (b) If the delinquent act described in subsection (a) would be a
10915		-	14 felony if committed by an adult, the offense described in subsection (a)
10916		-	15 is a felony of the same level as the delinquent act would be if
10917		-	16 committed by an adult.
10918		-	17 (c) The offense described in subsection (a) is a Level 5 felony if:
10919		-	18 (1) the person committing the offense is at least twenty-one (21)
10920		-	19 years of age and knowingly or intentionally furnishes:
10921		-	20 (A) an alcoholic beverage to a child in violation of
10922		-	21 IC 7.1-5-7-8 when the person committing the offense knew or
10923		-	22 reasonably should have known that the person furnished the
10924		-	23 alcoholic beverage was a child; or
10925		-	24 (B) a controlled substance (as defined in IC 35-48-1-9)
10926		-	25 IC 35-48-1.1-7) or a drug (as defined in IC 9-13-2-49.1) in
10927		-	26 violation of Indiana law; and
10928		-	27 (2) the consumption, ingestion, or use of the alcoholic beverage,
10929		-	28 controlled substance, or drug is the proximate cause of the death
10930		-	29 of any person.
10931		-	30 (d) Except as provided in subsection (c), the offense described in
10932		-	31 subsection (a) is a Level 6 felony if:
10933		-	32 (1) the person committing the offense is at least twenty-one (21)
10934		-	33 years of age;
10935		-	34 (2) the child who commits the delinquent act is less than sixteen
10936		-	35 (16) years of age; and
10937		-	36 (3) the act would be a misdemeanor if committed by an adult.
10938		-	37 (e) If the person who commits the offense described in subsection
10939		-	38 (a) is at least twenty-one (21) years of age, and the child who commits
10940		-	39 the delinquent act is less than sixteen (16) years of age, the offense is:
10941		-	40 (1) a Level 5 felony if the delinquent act would be a Level 6
10942		-	41 felony if committed by an adult;
10943		-	42 (2) a Level 4 felony if the delinquent act would be a Level 5
10944		-	ES 80—LS 6051/DI 112 255
10945		-	1 felony if committed by an adult;
10946		-	2 (3) a Level 3 felony if the delinquent act would be a Level 4
10947		-	3 felony if committed by an adult;
10948		-	4 (4) a Level 2 felony if the delinquent act would be a Level 3
10949		-	5 felony if committed by an adult;
10950		-	6 (5) a Level 1 felony if the delinquent act would be a Level 1 or 2
10951		-	7 felony if committed by an adult; or
10952		-	8 (6) punishable under IC 35-50-2-3(a) (penalty for murder) if the
10953		-	9 delinquent act would be murder if committed by an adult.
10954		-	10 SECTION 243. IC 35-46-1-20 IS AMENDED TO READ AS
10955		-	11 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 20. A law enforcement
10956		-	12 officer shall enforce a foreign protection order (as defined in
10957		-	13 IC 34-6-2-48.5) IC 34-6-2.1-76) in conformity with the procedures in
10958		-	14 IC 34-26-5-17.
10959		-	15 SECTION 244. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
10960		-	16 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10961		-	17 JULY 1, 2025]: Sec. 6. (a) Except as provided in subsections (b) and
10962		-	18 (c), a person who operates a motorboat while:
10963		-	19 (1) having an alcohol concentration equivalent (as defined in
10964		-	20 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
10965		-	21 per:
10966		-	22 (A) one hundred (100) milliliters of the person's blood; or
10967		-	23 (B) two hundred ten (210) liters of the person's breath;
10968		-	24 (2) having a controlled substance listed in schedule I or II of
10969		-	25 IC 35-48-2 or its metabolite in the person's body; or
10970		-	26 (3) intoxicated;
10971		-	27 commits a Class C misdemeanor.
10972		-	28 (b) The offense is a Level 6 felony if:
10973		-	29 (1) the person has a previous conviction under:
10974		-	30 (A) IC 14-1-5 (repealed);
10975		-	31 (B) IC 14-15-8-8 (repealed); or
10976		-	32 (C) this chapter; or
10977		-	33 (2) the offense results in serious bodily injury to another person.
10978		-	34 (c) The offense is a Level 5 felony if the offense results in the death
10979		-	35 or catastrophic injury of another person.
10980		-	36 (d) It is a defense to a prosecution under subsection (a)(2) that the
10981		-	37 accused person consumed the controlled substance in accordance with
10982		-	38 a valid prescription or order of a practitioner (as defined in
10983		-	39 IC 35-48-1-24) IC 35-48-1.1-34) who acted in the course of the
10984		-	40 practitioner's professional practice.
10985		-	41 SECTION 245. IC 35-47-1-4 IS AMENDED TO READ AS
10986		-	42 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. "Drug abuser" means
10987		-	ES 80—LS 6051/DI 112 256
10988		-	1 an individual who has had two (2) or more violations of IC 35-48-1
10989		-	2 (before its repeal), IC 35-48-1.1, IC 35-48-2, IC 35-48-3, or
10990		-	3 IC 35-48-4, any one (1) of which resulted in conviction by a court or
10991		-	4 treatment in a drug abuse facility within five (5) years prior to the date
10992		-	5 of application.
10993		-	6 SECTION 246. IC 35-47-11.1-1, AS ADDED BY P.L.152-2011,
10994		-	7 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10995		-	8 JULY 1, 2025]: Sec. 1. This chapter applies to a political subdivision
10996		-	9 (as defined in IC 3-5-2-38). IC 3-5-2.1-79).
10997		-	10 SECTION 247. IC 35-47-16-1, AS ADDED BY P.L.147-2014,
10998		-	11 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10999		-	12 JULY 1, 2025]: Sec. 1. A judicial officer:
11000		-	13 (1) may possess and use a firearm in the same locations that a law
11001		-	14 enforcement officer who is authorized to carry a firearm under
11002		-	15 IC 5-2-1 may possess a firearm while the law enforcement officer
11003		-	16 is engaged in the execution of the law enforcement officer's
11004		-	17 official duties; and
11005		-	18 (2) may not be prohibited from possessing a firearm on land or in
11006		-	19 buildings and other structures owned or leased by:
11007		-	20 (A) the state or any agency of state government; or
11008		-	21 (B) a political subdivision (as defined in IC 3-5-2-38).
11009		-	22 IC 3-5-2.1-79).
11010		-	23 SECTION 248. IC 35-48-1 IS REPEALED [EFFECTIVE JULY 1,
11011		-	24 2025]. (Definitions for Controlled Substances Law).
11012		-	25 SECTION 249. IC 35-48-1.1 IS ADDED TO THE INDIANA
11013		-	26 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
11014		-	27 [EFFECTIVE JULY 1, 2025]:
11015		-	28 Chapter 1.1. Definitions
11016		-	29 Sec. 1. Section 8 of this chapter (formerly IC 35-48-1-9.3, as
11017		-	30 added by P.L.225-2003) applies only to a controlled substance
11018		-	31 offense under IC 35-48-4 that occurs after June 30, 2003.
11019		-	32 Sec. 2. The definitions in this chapter apply throughout this
11020		-	33 article.
11021		-	34 Sec. 3. "Administer" means the direct application of a
11022		-	35 controlled substance, whether by injection, inhalation, ingestion, or
11023		-	36 any other means, to the body of a patient or research subject by:
11024		-	37 (1) a practitioner or by the practitioner's authorized agent; or
11025		-	38 (2) the patient or research subject at the direction and in the
11026		-	39 presence of the practitioner.
11027		-	40 Sec. 4. "Agent" means an authorized person who acts on behalf
11028		-	41 of, or at the direction of, a manufacturer, distributor, or dispenser,
11029		-	42 but it does not include a common or contract carrier, public
11030		-	ES 80—LS 6051/DI 112 257
11031		-	1 warehouseman, or employee of the carrier or warehouseman.
11032		-	2 Sec. 5. "Board" refers to the Indiana state board of pharmacy.
11033		-	3 Sec. 6. "Cocaine" includes coca leaves and any salt, compound,
11034		-	4 or derivative of coca leaves, and any salt, compound, isomer,
11035		-	5 derivative, or preparation which is chemically equivalent or
11036		-	6 identical to any of these substances. However, decocainized coca
11037		-	7 leaves or extraction of coca leaves that do not contain cocaine or
11038		-	8 ecgonine are not included.
11039		-	9 Sec. 7. "Controlled substance" means a drug, substance, or
11040		-	10 immediate precursor in schedule I, II, III, IV, or V under:
11041		-	11 (1) IC 35-48-2-4, IC 35-48-2-6, IC 35-48-2-8, IC 35-48-2-10, or
11042		-	12 IC 35-48-2-12, if IC 35-48-2-14 does not apply; or
11043		-	13 (2) a rule adopted by the board, if IC 35-48-2-14 applies.
11044		-	14 The term does not include low THC hemp extract.
11045		-	15 Sec. 8. (a) "Controlled substance analog" means a substance
11046		-	16 that, due to its chemical structure and potential for abuse or
11047		-	17 misuse, meets the following criteria:
11048		-	18 (1) The substance is substantially similar to a controlled
11049		-	19 substance classified under IC 35-48-2.
11050		-	20 (2) The substance has a narcotic, stimulant, depressant, or
11051		-	21 hallucinogenic effect on the central nervous system or is
11052		-	22 represented or intended to have a narcotic, stimulant,
11053		-	23 depressant, or hallucinogenic effect on the central nervous
11054		-	24 system substantially similar to or greater than that of a
11055		-	25 controlled substance classified under IC 35-48-2.
11056		-	26 (b) The definition set forth in subsection (a) does not include:
11057		-	27 (1) a controlled substance;
11058		-	28 (2) a legend drug;
11059		-	29 (3) a substance for which there is an approved new drug
11060		-	30 application;
11061		-	31 (4) any compound, mixture, or preparation that contains any
11062		-	32 controlled substance, that is not for administration to a
11063		-	33 human being or an animal, and that is packaged in a form or
11064		-	34 concentration, or with adulterants or denaturants, such that
11065		-	35 as packaged it does not present any significant potential for
11066		-	36 abuse;
11067		-	37 (5) a substance to which an investigational exemption applies
11068		-	38 under Section 505 of the federal Food, Drug and Cosmetic Act
11069		-	39 (chapter 675, 52 Stat. 1052 (21 U.S.C. 355)), but only to the
11070		-	40 extent that conduct with respect to the substance is pursuant
11071		-	41 to the exemption; or
11072		-	42 (6) low THC hemp extract.
11073		-	ES 80—LS 6051/DI 112 258
11074		-	1 (c) For purposes of subsection (a), "substantially similar", as it
11075		-	2 applies to the chemical structure of a substance, means that the
11076		-	3 chemical structure of the substance, when compared to the
11077		-	4 structure of a controlled substance, has a single difference in the
11078		-	5 structural formula that substitutes one (1) atom or functional
11079		-	6 group for another, including:
11080		-	7 (1) one (1) halogen for another halogen;
11081		-	8 (2) one (1) hydrogen for a halogen;
11082		-	9 (3) one (1) halogen for a hydrogen; or
11083		-	10 (4) an alkyl group added or deleted:
11084		-	11 (A) as a side chain to or from a molecule; or
11085		-	12 (B) from a side chain of a molecule.
11086		-	13 Sec. 9. "Counterfeit substance" means a controlled substance
11087		-	14 which, or the container or labeling of which, without authorization,
11088		-	15 bears the trademark, trade name, or other identifying mark,
11089		-	16 imprint, number, or device, or any likeness thereof, of a
11090		-	17 manufacturer, distributor, or dispenser other than the person who
11091		-	18 in fact manufactured, distributed, or dispensed the substance.
11092		-	19 Sec. 10. "Delivery" means:
11093		-	20 (1) an actual or constructive transfer from one (1) person to
11094		-	21 another of a controlled substance, whether or not there is an
11095		-	22 agency relationship; or
11096		-	23 (2) the organizing or supervising of an activity described in
11097		-	24 subdivision (1).
11098		-	25 Sec. 11. "Dispense" means to deliver a controlled substance to
11099		-	26 an ultimate user or research subject by or pursuant to the lawful
11100		-	27 order of a practitioner and includes the prescribing, administering,
11101		-	28 packaging, labeling, or compounding necessary to prepare the
11102		-	29 substance for that delivery.
11103		-	30 Sec. 12. "Dispenser" means a practitioner who dispenses.
11104		-	31 Sec. 13. "Distribute" means to deliver other than by
11105		-	32 administering or dispensing a controlled substance.
11106		-	33 Sec. 14. "Distributor" means a person who distributes.
11107		-	34 Sec. 15. (a) Except as provided in subsection (b), "drug" has the
11108		-	35 meaning set forth in IC 16-42-19-2. It does not include devices or
11109		-	36 their components, parts, or accessories, nor does it include food.
11110		-	37 (b) For purposes of IC 35-48-4, "drug":
11111		-	38 (1) has the meaning set forth in subsection (a); and
11112		-	39 (2) includes a controlled substance (as defined in section 7 of
11113		-	40 this chapter) and a controlled substance analog (as defined in
11114		-	41 section 8 of this chapter).
11115		-	42 Sec. 16. "Drug offense" means a felony or misdemeanor
11116		-	ES 80—LS 6051/DI 112 259
11117		-	1 involving the production, delivery, sale, or possession of a
11118		-	2 controlled substance.
11119		-	3 Sec. 17. "Drug related felony" means a felony conviction for an
11120		-	4 offense described in:
11121		-	5 (1) IC 35-48-4-1 through IC 35-48-4-11.5 (repealed); or
11122		-	6 (2) IC 35-48-4-13 (repealed) through IC 35-48-4-14.7.
11123		-	7 Sec. 18. "Enhancing circumstance" means one (1) or more of
11124		-	8 the following:
11125		-	9 (1) The person has a prior conviction for dealing in a
11126		-	10 controlled substance that is not marijuana, hashish, hash oil,
11127		-	11 or salvia divinorum.
11128		-	12 (2) The person committed the offense while in possession of a
11129		-	13 firearm.
11130		-	14 (3) The person committed the offense:
11131		-	15 (A) on a school bus; or
11132		-	16 (B) in, on, or within five hundred (500) feet of:
11133		-	17 (i) school property while a person under eighteen (18)
11134		-	18 years of age was reasonably expected to be present; or
11135		-	19 (ii) a public park while a person under eighteen (18)
11136		-	20 years of age was reasonably expected to be present.
11137		-	21 (4) The person delivered or financed the delivery of the drug
11138		-	22 to a person under eighteen (18) years of age at least three (3)
11139		-	23 years junior to the person.
11140		-	24 (5) The person manufactured or financed the manufacture of
11141		-	25 the drug.
11142		-	26 (6) The person committed the offense in the physical presence
11143		-	27 of a child less than eighteen (18) years of age, knowing that
11144		-	28 the child was present and might be able to see or hear the
11145		-	29 offense.
11146		-	30 (7) The person committed the offense on the property of a:
11147		-	31 (A) penal facility; or
11148		-	32 (B) juvenile facility (as defined in IC 35-44.1-3-5).
11149		-	33 (8) The person knowingly committed the offense in, on, or
11150		-	34 within one hundred (100) feet of a facility. For purposes of
11151		-	35 this subdivision, "facility" means a place that is:
11152		-	36 (A) created and funded under IC 12-23-14 or IC 33-23-16;
11153		-	37 (B) certified under IC 12-23-1-6; or
11154		-	38 (C) used for the purpose of conducting a recovery or
11155		-	39 support group meeting;
11156		-	40 and at which a drug abuser (as defined in IC 12-7-2-73) may
11157		-	41 be provided with treatment, care, or rehabilitation.
11158		-	42 Sec. 19. "Fentanyl containing substance" means one (1) or more
11159		-	ES 80—LS 6051/DI 112 260
11160		-	1 of the following substances, including their isomers, esters, ethers,
11161		-	2 salts, and salts of isomers, esters, and ethers:
11162		-	3 (1) 4-fluoroisobutyryl fentanyl.
11163		-	4 (2) Acetyl fentanyl (Other names include:
11164		-	5 N-(1-phenethylpiperidin-4-yl)- N- phenylacetamide).
11165		-	6 (3) Cyclopentyl fentanyl. Other name:
11166		-	7 N-(1-phenethylpiperidin- 4-yl)-N-
11167		-	8 phenylcyclopentanecarboxamide.
11168		-	9 (4) Fentanyl related substances.
11169		-	10 (5) Furanyl fentanyl.
11170		-	11 (6) Isobutyryl fentanyl. Other name: N-(1-phenethylpiperidin-
11171		-	12 4-yl)-N- phenylisobutyramide.
11172		-	13 (7) Methoxyacetyl fentanyl. Other name:
11173		-	14 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide.
11174		-	15 (8) 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
11175		-	16 piperidyl] - N-phenyl-propanimide] (9813).
11176		-	17 (9) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
11177		-	18 piperidinyl]-N-phenylpropanamide) (9833).
11178		-	19 (10) N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl)
11179		-	20 isobutyramide (para-chloroisobutyryl fentanyl).
11180		-	21 (11) N-(2-fluorophenyl)-2-methoxy-
11181		-	22 N-(1-phenethylpiperidin-4-yl) acetamide (ocfentanil).
11182		-	23 (12) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl)
11183		-	24 butyramide (para-fluorobutyryl fentanyl).
11184		-	25 (13) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also
11185		-	26 known as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide,
11186		-	27 (butyryl fentanyl).
11187		-	28 (14) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide
11188		-	29 (valeryl fentanyl).
11189		-	30 (15) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl)
11190		-	31 butyramide (para-methoxybutyryl fentanyl).
11191		-	32 (16) N-[1-(2-thienyl)methyl-4-piperidyl]-
11192		-	33 N-phenylpropanamide (thenylfentanyl), including any
11193		-	34 isomers, salts, or salts of isomers (9834).
11194		-	35 (17) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
11195		-	36 (isobutyryl fentanyl).
11196		-	37 (18) N-(1-phenethylpiperidin-4-yl)-
11197		-	38 Nphenylcyclopentanecarboxamide (cyclopentyl fentanyl).
11198		-	39 (19) Para-chloroisobutyryl fentanyl. Other name:
11199		-	40 N-(4-chlorophenyl)- N-(1-phenethylpiperidin- 4-yl)
11200		-	41 isobutyramide.
11201		-	42 (20) Para-fluorobutyryl fentanyl. Other name: N-(4-
11202		-	ES 80—LS 6051/DI 112 261
11203		-	1 fluorophenyl)-N- (1-phenethylpiperidin- 4-yl)butyramide.
11204		-	2 (21) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-
11205		-	3 (2-phenethyl)- 4-piperidinyl] propanamide (9812).
11206		-	4 (22) Para-methoxybutyryl fentanyl. Other name: N-(4-
11207		-	5 methoxyphenyl)-N- (1-phenethylpiperidin-4-yl)butyramide.
11208		-	6 (23) Tetrahydrofuranyl fentanyl. Other name:
11209		-	7 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-c
11210		-	8 arb oxamide.
11211		-	9 (24) Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
11212		-	10 piperidinyl] -propanamide) (9835).
11213		-	11 (25) Valeryl fentanyl. Other name:
11214		-	12 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide.
11215		-	13 (26) Fentanyl.
11216		-	14 (27) An immediate precursor to fentanyl: 4-Anilino-
11217		-	15 N-Phenethyl-4-Piperidine (ANPP).
11218		-	16 (28) Carfentanil.
11219		-	17 Sec. 20. "Fentanyl related substance" means any substance not
11220		-	18 listed in schedule I through V of IC 35-48-2 that is structurally
11221		-	19 related to fentanyl by one (1) or more of the following
11222		-	20 modifications:
11223		-	21 (1) Replacement of the phenyl portion of the phenethyl group
11224		-	22 by any monocycle, whether or not further substituted in or on
11225		-	23 the monocycle.
11226		-	24 (2) Substitution in or on the phenethyl group with alkyl,
11227		-	25 alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro
11228		-	26 groups.
11229		-	27 (3) Substitution in or on the piperidine ring with alkyl,
11230		-	28 alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino,
11231		-	29 or nitro groups.
11232		-	30 (4) Replacement of the aniline ring with any aromatic
11233		-	31 monocycle whether or not further substituted in or on the
11234		-	32 aromatic monocycle.
11235		-	33 (5) Replacement of the N-propionyl group by another acyl
11236		-	34 group.
11237		-	35 Sec. 21. "Hashish" does not include low THC hemp extract.
11238		-	36 Sec. 22. "Hash oil" does not include low THC hemp extract.
11239		-	37 Sec. 23. (a) "Hemp bud" means the harvested immature
11240		-	38 reproductive organ of the female hemp plant.
	10430	+	10 (e) In addition to any other penalty imposed for a violation of this
	10431	+	11 section, the court shall order the person to pay restitution under
	10432	+	12 IC 35-50-5-3 for expenses related to pregnancy and childbirth if the
	10433	+	13 pregnancy is a result of the offense.
	10434	+	14 SECTION 236. IC 35-42-4-5, AS AMENDED BY P.L.158-2013,
	10435	+	15 SECTION 441, IS AMENDED TO READ AS FOLLOWS
	10436	+	16 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) A person eighteen (18) years
	10437	+	17 of age or older who knowingly or intentionally directs, aids, induces,
	10438	+	18 or causes a child under the age of sixteen (16) to touch or fondle
	10439	+	19 himself or herself or another child under the age of sixteen (16) with
	10440	+	20 intent to arouse or satisfy the sexual desires of a child or the older
	10441	+	21 person commits vicarious sexual gratification, a Level 5 felony.
	10442	+	22 However, the offense is:
	10443	+	23 (1) a Level 4 felony if a child involved in the offense is under the
	10444	+	24 age of fourteen (14); and
	10445	+	25 (2) a Level 3 felony if:
	10446	+	26 (A) the offense is committed by using or threatening the use of
	10447	+	27 deadly force or while armed with a deadly weapon;
	10448	+	28 (B) the commission of the offense is facilitated by furnishing
	10449	+	29 the victim, without the victim's knowledge, with a drug (as
	10450	+	30 defined in IC 16-42-19-2(1)) or a controlled substance (as
	10451	+	31 defined in IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the
	10452	+	32 victim was furnished with the drug or controlled substance
	10453	+	33 without the victim's knowledge; or
	10454	+	34 (C) the commission of the offense results in serious bodily
	10455	+	35 injury.
	10456	+	36 (b) A person eighteen (18) years of age or older who knowingly or
	10457	+	37 intentionally directs, aids, induces, or causes a child under the age of
	10458	+	38 sixteen (16) to:
	10459	+	39 (1) engage in sexual intercourse with another child under sixteen
	10460	+	40 (16) years of age;
	10461	+	41 (2) engage in sexual conduct with an animal other than a human
	10462	+	42 being; or
	10463	+	SB 80—LS 6051/DI 112 244
	10464	+	1 (3) engage in other sexual conduct (as defined in
	10465	+	2 IC 35-31.5-2-221.5) with another person;
	10466	+	3 with intent to arouse or satisfy the sexual desires of a child or the older
	10467	+	4 person commits vicarious sexual gratification, a Level 4 felony.
	10468	+	5 However, the offense is a Level 3 felony if any child involved in the
	10469	+	6 offense is less than fourteen (14) years of age, and the offense is a
	10470	+	7 Level 2 felony if the offense is committed by using or threatening the
	10471	+	8 use of deadly force, if the offense is committed while armed with a
	10472	+	9 deadly weapon, if the offense results in serious bodily injury, or if the
	10473	+	10 commission of the offense is facilitated by furnishing the victim,
	10474	+	11 without the victim's knowledge, with a drug (as defined in
	10475	+	12 IC 16-42-19-2(1)) or a controlled substance (as defined in
	10476	+	13 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
	10477	+	14 furnished with the drug or controlled substance without the victim's
	10478	+	15 knowledge.
	10479	+	16 (c) A person eighteen (18) years of age or older who knowingly or
	10480	+	17 intentionally:
	10481	+	18 (1) engages in sexual intercourse;
	10482	+	19 (2) engages in other sexual conduct (as defined in
	10483	+	20 IC 35-31.5-2-221.5); or
	10484	+	21 (3) touches or fondles the person's own body;
	10485	+	22 in the presence of a child less than fourteen (14) years of age with the
	10486	+	23 intent to arouse or satisfy the sexual desires of the child or the older
	10487	+	24 person commits performing sexual conduct in the presence of a minor,
	10488	+	25 a Level 6 felony.
	10489	+	26 SECTION 237. IC 35-42-4-8, AS AMENDED BY P.L.158-2013,
	10490	+	27 SECTION 444, IS AMENDED TO READ AS FOLLOWS
	10491	+	28 [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) A person who, with intent to
	10492	+	29 arouse or satisfy the person's own sexual desires or the sexual desires
	10493	+	30 of another person:
	10494	+	31 (1) touches another person when that person is:
	10495	+	32 (A) compelled to submit to the touching by force or the
	10496	+	33 imminent threat of force; or
	10497	+	34 (B) so mentally disabled or deficient that consent to the
	10498	+	35 touching cannot be given; or
	10499	+	36 (2) touches another person's genitals, pubic area, buttocks, or
	10500	+	37 female breast when that person is unaware that the touching is
	10501	+	38 occurring;
	10502	+	39 commits sexual battery, a Level 6 felony.
	10503	+	40 (b) An offense described in subsection (a) is a Level 4 felony if:
	10504	+	41 (1) it is committed by using or threatening the use of deadly force;
	10505	+	42 (2) it is committed while armed with a deadly weapon; or
	10506	+	SB 80—LS 6051/DI 112 245
	10507	+	1 (3) the commission of the offense is facilitated by furnishing the
	10508	+	2 victim, without the victim's knowledge, with a drug (as defined in
	10509	+	3 IC 16-42-19-2(1)) or a controlled substance (as defined in
	10510	+	4 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
	10511	+	5 furnished with the drug or controlled substance without the
	10512	+	6 victim's knowledge.
	10513	+	7 SECTION 238. IC 35-42-4-9, AS AMENDED BY P.L.40-2019,
	10514	+	8 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	10515	+	9 JULY 1, 2025]: Sec. 9. (a) A person at least eighteen (18) years of age
	10516	+	10 who knowingly or intentionally performs or submits to sexual
	10517	+	11 intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5)
	10518	+	12 with a child less than sixteen (16) years of age, commits sexual
	10519	+	13 misconduct with a minor, a Level 5 felony. However, the offense is:
	10520	+	14 (1) a Level 4 felony if it is committed by a person at least
	10521	+	15 twenty-one (21) years of age; and
	10522	+	16 (2) a Level 1 felony if it is committed by using or threatening the
	10523	+	17 use of deadly force, if it is committed while armed with a deadly
	10524	+	18 weapon, if it results in serious bodily injury, or if the commission
	10525	+	19 of the offense is facilitated by furnishing the victim, without the
	10526	+	20 victim's knowledge, with a drug (as defined in IC 16-42-19-2(1))
	10527	+	21 or a controlled substance (as defined in IC 35-48-1-9)
	10528	+	22 IC 35-48-1.1-7) or knowing that the victim was furnished with
	10529	+	23 the drug or controlled substance without the victim's knowledge.
	10530	+	24 (b) A person at least eighteen (18) years of age who knowingly or
	10531	+	25 intentionally performs or submits to any fondling or touching with a
	10532	+	26 child less than sixteen (16) years of age with intent to arouse or to
	10533	+	27 satisfy the sexual desires of either the child or the older person,
	10534	+	28 commits sexual misconduct with a minor, a Level 6 felony. However,
	10535	+	29 the offense is:
	10536	+	30 (1) a Level 5 felony if it is committed by a person at least
	10537	+	31 twenty-one (21) years of age; and
	10538	+	32 (2) a Level 2 felony if it is committed by using or threatening the
	10539	+	33 use of deadly force, while armed with a deadly weapon, or if the
	10540	+	34 commission of the offense is facilitated by furnishing the victim,
	10541	+	35 without the victim's knowledge, with a drug (as defined in
	10542	+	36 IC 16-42-19-2(1)) or a controlled substance (as defined in
	10543	+	37 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
	10544	+	38 furnished with the drug or controlled substance without the
	10545	+	39 victim's knowledge.
	10546	+	40 (c) It is a defense that the accused person reasonably believed that
	10547	+	41 the child was at least sixteen (16) years of age at the time of the
	10548	+	42 conduct. However, this subsection does not apply to an offense
	10549	+	SB 80—LS 6051/DI 112 246
	10550	+	1 described in subsection (a)(2) or (b)(2).
	10551	+	2 (d) It is a defense that the child is or has ever been married.
	10552	+	3 However, this subsection does not apply to an offense described in
	10553	+	4 subsection (a)(2) or (b)(2).
	10554	+	5 (e) It is a defense to a prosecution under this section if all the
	10555	+	6 following apply:
	10556	+	7 (1) The person is not more than four (4) years older than the
	10557	+	8 victim.
	10558	+	9 (2) The relationship between the person and the victim was a
	10559	+	10 dating relationship or an ongoing personal relationship. The term
	10560	+	11 "ongoing personal relationship" does not include a family
	10561	+	12 relationship.
	10562	+	13 (3) The crime:
	10563	+	14 (A) was not committed by a person who is at least twenty-one
	10564	+	15 (21) years of age;
	10565	+	16 (B) was not committed by using or threatening the use of
	10566	+	17 deadly force;
	10567	+	18 (C) was not committed while armed with a deadly weapon;
	10568	+	19 (D) did not result in serious bodily injury;
	10569	+	20 (E) was not facilitated by furnishing the victim, without the
	10570	+	21 victim's knowledge, with a drug (as defined in
	10571	+	22 IC 16-42-19-2(1)) or a controlled substance (as defined in
	10572	+	23 IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
	10573	+	24 furnished with the drug or controlled substance without the
	10574	+	25 victim's knowledge; and
	10575	+	26 (F) was not committed by a person having a position of
	10576	+	27 authority or substantial influence over the victim.
	10577	+	28 (4) The person has not committed another sex offense (as defined
	10578	+	29 in IC 11-8-8-5.2) (including a delinquent act that would be a sex
	10579	+	30 offense if committed by an adult) against any other person.
	10580	+	31 (5) The person is not promoting prostitution (as defined in
	10581	+	32 IC 35-45-4-4) with respect to the victim even though the person
	10582	+	33 has not been charged with or convicted of the offense.
	10583	+	34 SECTION 239. IC 35-43-2-2, AS AMENDED BY P.L.171-2024,
	10584	+	35 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	10585	+	36 JULY 1, 2025]: Sec. 2. (a) As used in this section, "authorized person"
	10586	+	37 means a person authorized by an agricultural operation or a scientific
	10587	+	38 research facility to act on behalf of the agricultural operation or the
	10588	+	39 scientific research facility.
	10589	+	40 (b) A person who:
	10590	+	41 (1) not having a contractual interest in the property, knowingly or
	10591	+	42 intentionally enters the real property of another person after
	10592	+	SB 80—LS 6051/DI 112 247
	10593	+	1 having been denied entry by the other person or that person's
	10594	+	2 agent;
	10595	+	3 (2) not having a contractual interest in the property, knowingly or
	10596	+	4 intentionally refuses to leave the real property of another person
	10597	+	5 after having been asked to leave by the other person or that
	10598	+	6 person's agent;
	10599	+	7 (3) accompanies another person in a vehicle, with knowledge that
	10600	+	8 the other person knowingly or intentionally is exerting
	10601	+	9 unauthorized control over the vehicle;
	10602	+	10 (4) knowingly or intentionally interferes with the possession or
	10603	+	11 use of the property of another person without the person's consent;
	10604	+	12 (5) not having a contractual interest in the property, knowingly or
	10605	+	13 intentionally enters the:
	10606	+	14 (A) property of an agricultural operation that is used for the
	10607	+	15 production, processing, propagation, packaging, cultivation,
	10608	+	16 harvesting, care, management, or storage of an animal, plant,
	10609	+	17 or other agricultural product, including any pasturage or land
	10610	+	18 used for timber management, without the consent of the owner
	10611	+	19 of the agricultural operation or an authorized person; or
	10612	+	20 (B) dwelling of another person without the person's consent;
	10613	+	21 (6) knowingly or intentionally:
	10614	+	22 (A) travels by train without lawful authority or the railroad
	10615	+	23 carrier's consent; and
	10616	+	24 (B) rides on the outside of a train or inside a passenger car,
	10617	+	25 locomotive, or freight car, including a boxcar, flatbed, or
	10618	+	26 container without lawful authority or the railroad carrier's
	10619	+	27 consent;
	10620	+	28 (7) not having a contractual interest in the property, knowingly or
	10621	+	29 intentionally enters or refuses to leave the property of another
	10622	+	30 person after having been prohibited from entering or asked to
	10623	+	31 leave the property by a law enforcement officer when the property
	10624	+	32 is:
	10625	+	33 (A) vacant real property (as defined in IC 36-7-36-5) or a
	10626	+	34 vacant structure (as defined in IC 36-7-36-6); or
	10627	+	35 (B) designated by a municipality or county enforcement
	10628	+	36 authority to be:
	10629	+	37 (i) abandoned property or an abandoned structure (as
	10630	+	38 defined in IC 36-7-36-1); or
	10631	+	39 (ii) an unsafe building or an unsafe premises (as described
	10632	+	40 in IC 36-7-9);
	10633	+	41 (8) not having a contractual interest in the property, knowingly or
	10634	+	42 intentionally enters the real property of an agricultural operation
	10635	+	SB 80—LS 6051/DI 112 248
	10636	+	1 (as defined in IC 32-30-6-1) without the permission of the owner
	10637	+	2 of the agricultural operation or an authorized person, and
	10638	+	3 knowingly or intentionally engages in conduct that causes
	10639	+	4 property damage to:
	10640	+	5 (A) the owner of or a person having a contractual interest in
	10641	+	6 the agricultural operation;
	10642	+	7 (B) the operator of the agricultural operation; or
	10643	+	8 (C) a person having personal property located on the property
	10644	+	9 of the agricultural operation;
	10645	+	10 (9) not having a contractual interest in the property, knowingly or
	10646	+	11 intentionally enters the real property of a scientific research
	10647	+	12 facility (as defined in IC 35-31.5-2-287) without the permission
	10648	+	13 of, or with permission which was fraudulently obtained from, the
	10649	+	14 owner of the scientific research facility or an authorized person,
	10650	+	15 and knowingly or intentionally engages in conduct that causes
	10651	+	16 property damage to:
	10652	+	17 (A) the owner of or a person having a contractual interest in
	10653	+	18 the scientific research facility;
	10654	+	19 (B) the operator of the scientific research facility; or
	10655	+	20 (C) a person having personal property located on the property
	10656	+	21 of the scientific research facility;
	10657	+	22 (10) knowingly or intentionally enters the property of another
	10658	+	23 person after being denied entry by a court order that has been
	10659	+	24 issued to the person or issued to the general public by
	10660	+	25 conspicuous posting on or around the premises in areas where a
	10661	+	26 person can observe the order when the property has been
	10662	+	27 designated by a municipality or county enforcement authority to
	10663	+	28 be:
	10664	+	29 (A) a vacant property;
	10665	+	30 (B) an abandoned property;
	10666	+	31 (C) an abandoned structure (as defined in IC 36-7-36-1); or
	10667	+	32 (D) an unsafe building or an unsafe premises (as described in
	10668	+	33 IC 36-7-9);
	10669	+	34 (11) knowingly or intentionally enters or refuses to leave the polls
	10670	+	35 (as defined in IC 3-5-2-39) IC 3-5-2.1-80) or chute (as defined in
	10671	+	36 IC 3-5-2-10) IC 3-5-2.1-21) after having been prohibited from
	10672	+	37 entering or asked to leave the polls or chute by a precinct election
	10673	+	38 officer (as defined in IC 3-5-2-40.1) IC 3-5-2.1-82) or a law
	10674	+	39 enforcement officer acting on behalf of a precinct election officer;
	10675	+	40 or
	10676	+	41 (12) knowingly or intentionally:
	10677	+	42 (A) without permission or prior authorization, enters an area
	10678	+	SB 80—LS 6051/DI 112 249
	10679	+	1 of property that is locked; or
	10680	+	2 (B) refuses to leave an area of a property that is otherwise not
	10681	+	3 accessible to the public, after being asked to leave the area of
	10682	+	4 a property by a law enforcement officer or an employee or
	10683	+	5 agent of the owner or operator of the property;
	10684	+	6 commits criminal trespass, a Class A misdemeanor. However, the
	10685	+	7 offense is a Level 6 felony if it is committed on a scientific research
	10686	+	8 facility, on a facility belonging to a public utility (as defined in
	10687	+	9 IC 32-24-1-5.9(a)), on school property, or on a school bus or the person
	10688	+	10 has a prior unrelated conviction for an offense under this section
	10689	+	11 concerning the same property. The offense is a Level 6 felony, for
	10690	+	12 purposes of subdivision (8), if the property damage is more than seven
	10691	+	13 hundred fifty dollars ($750) and less than fifty thousand dollars
	10692	+	14 ($50,000). The offense is a Level 5 felony, for purposes of subdivisions
	10693	+	15 (8) and (9), if the property damage is at least fifty thousand dollars
	10694	+	16 ($50,000).
	10695	+	17 (c) A person has been denied entry under subsection (b)(1) when the
	10696	+	18 person has been denied entry by means of:
	10697	+	19 (1) personal communication, oral or written;
	10698	+	20 (2) posting or exhibiting a notice at the main entrance in a manner
	10699	+	21 that is either prescribed by law or likely to come to the attention
	10700	+	22 of the public;
	10701	+	23 (3) a hearing authority or court order under IC 32-30-6,
	10702	+	24 IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36; or
	10703	+	25 (4) posting the property by placing identifying purple marks on
	10704	+	26 trees or posts around the area where entry is denied.
	10705	+	27 (d) For the purposes of subsection (c)(4):
	10706	+	28 (1) each purple mark must be readily visible to any person
	10707	+	29 approaching the property and must be placed:
	10708	+	30 (A) on a tree:
	10709	+	31 (i) as a vertical line of at least eight (8) inches in length and
	10710	+	32 with the bottom of the mark at least three (3) feet and not
	10711	+	33 more than five (5) feet from the ground; and
	10712	+	34 (ii) not more than one hundred (100) feet from the nearest
	10713	+	35 other marked tree; or
	10714	+	36 (B) on a post:
	10715	+	37 (i) with the mark covering at least the top two (2) inches of
	10716	+	38 the post, and with the bottom of the mark at least three (3)
	10717	+	39 feet and not more than five (5) feet six (6) inches from the
	10718	+	40 ground; and
	10719	+	41 (ii) not more than thirty-six (36) feet from the nearest other
	10720	+	42 marked post; and
	10721	+	SB 80—LS 6051/DI 112 250
	10722	+	1 (2) before a purple mark that would be visible from both sides of
	10723	+	2 a fence shared by different property owners or lessees may be
	10724	+	3 applied, all of the owners or lessees of the properties must agree
	10725	+	4 to post the properties with purple marks under subsection (c)(4).
	10726	+	5 (e) A law enforcement officer may not deny entry to property or ask
	10727	+	6 a person to leave a property under subsection (b)(7) unless there is
	10728	+	7 reasonable suspicion that criminal activity has occurred or is occurring.
	10729	+	8 (f) A person described in subsection (b)(7) or (b)(10) violates
	10730	+	9 subsection (b)(7) or (b)(10), as applicable, unless the person has the
	10731	+	10 written permission of the owner, the owner's agent, an enforcement
	10732	+	11 authority, or a court to come onto the property for purposes of
	10733	+	12 performing maintenance, repair, or demolition.
	10734	+	13 (g) A person described in subsection (b)(10) violates subsection
	10735	+	14 (b)(10) unless the court that issued the order denying the person entry
	10736	+	15 grants permission for the person to come onto the property.
	10737	+	16 (h) Subsections (b), (c), and (g) do not apply to the following:
	10738	+	17 (1) A passenger on a train.
	10739	+	18 (2) An employee of a railroad carrier while engaged in the
	10740	+	19 performance of official duties.
	10741	+	20 (3) A law enforcement officer, firefighter, or emergency response
	10742	+	21 personnel while engaged in the performance of official duties.
	10743	+	22 (4) A person going on railroad property in an emergency to rescue
	10744	+	23 a person or animal from harm's way or to remove an object that
	10745	+	24 the person reasonably believes poses an imminent threat to life or
	10746	+	25 limb.
	10747	+	26 (5) A person on the station grounds or in the depot of a railroad
	10748	+	27 carrier:
	10749	+	28 (A) as a passenger; or
	10750	+	29 (B) for the purpose of transacting lawful business.
	10751	+	30 (6) A:
	10752	+	31 (A) person; or
	10753	+	32 (B) person's:
	10754	+	33 (i) family member;
	10755	+	34 (ii) invitee;
	10756	+	35 (iii) employee;
	10757	+	36 (iv) agent; or
	10758	+	37 (v) independent contractor;
	10759	+	38 going on a railroad's right-of-way for the purpose of crossing at a
	10760	+	39 private crossing site approved by the railroad carrier to obtain
	10761	+	40 access to land that the person owns, leases, or operates.
	10762	+	41 (7) A person having written permission from the railroad carrier
	10763	+	42 to go on specified railroad property.
	10764	+	SB 80—LS 6051/DI 112 251
	10765	+	1 (8) A representative of the Indiana department of transportation
	10766	+	2 while engaged in the performance of official duties.
	10767	+	3 (9) A representative of the federal Railroad Administration while
	10768	+	4 engaged in the performance of official duties.
	10769	+	5 (10) A representative of the National Transportation Safety Board
	10770	+	6 while engaged in the performance of official duties.
	10771	+	7 SECTION 240. IC 35-45-6-1, AS AMENDED BY P.L.185-2023,
	10772	+	8 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	10773	+	9 JULY 1, 2025]: Sec. 1. (a) The definitions in this section apply
	10774	+	10 throughout this chapter.
	10775	+	11 (b) "Documentary material" means any document, drawing,
	10776	+	12 photograph, recording, or other tangible item containing compiled data
	10777	+	13 from which information can be either obtained or translated into a
	10778	+	14 usable form.
	10779	+	15 (c) "Enterprise" means:
	10780	+	16 (1) a sole proprietorship, corporation, limited liability company,
	10781	+	17 partnership, business trust, or governmental entity; or
	10782	+	18 (2) a union, an association, or a group, whether a legal entity or
	10783	+	19 merely associated in fact.
	10784	+	20 (d) "Pattern of racketeering activity" means engaging in at least two
	10785	+	21 (2) incidents of racketeering activity that have the same or similar
	10786	+	22 intent, result, accomplice, victim, or method of commission, or that are
	10787	+	23 otherwise interrelated by distinguishing characteristics that are not
	10788	+	24 isolated incidents. However, the incidents are a pattern of racketeering
	10789	+	25 activity only if at least one (1) of the incidents occurred after August
	10790	+	26 31, 1980, and if the last of the incidents occurred within five (5) years
	10791	+	27 after a prior incident of racketeering activity.
	10792	+	28 (e) "Racketeering activity" means to commit, to attempt to commit,
	10793	+	29 to conspire to commit a violation of, or aiding and abetting in a
	10794	+	30 violation of any of the following:
	10795	+	31 (1) A provision of IC 23-19, or of a rule or order issued under
	10796	+	32 IC 23-19.
	10797	+	33 (2) A violation of IC 35-45-9.
	10798	+	34 (3) A violation of IC 35-47.
	10799	+	35 (4) A violation of IC 35-49-3.
	10800	+	36 (5) Murder (IC 35-42-1-1).
	10801	+	37 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
	10802	+	38 felony after June 30, 2014 (IC 35-42-2-1).
	10803	+	39 (7) Kidnapping (IC 35-42-3-2).
	10804	+	40 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
	10805	+	41 (9) Child exploitation (IC 35-42-4-4).
	10806	+	42 (10) Robbery (IC 35-42-5-1).
	10807	+	SB 80—LS 6051/DI 112 252
	10808	+	1 (11) Carjacking (IC 35-42-5-2) (before its repeal).
	10809	+	2 (12) Arson (IC 35-43-1-1).
	10810	+	3 (13) Burglary (IC 35-43-2-1).
	10811	+	4 (14) Theft (IC 35-43-4-2).
	10812	+	5 (15) Receiving stolen property (IC 35-43-4-2) (before its
	10813	+	6 amendment on July 1, 2018).
	10814	+	7 (16) Forgery (IC 35-43-5-2).
	10815	+	8 (17) An offense under IC 35-43-5.
	10816	+	9 (18) Bribery (IC 35-44.1-1-2).
	10817	+	10 (19) Official misconduct (IC 35-44.1-1-1).
	10818	+	11 (20) Conflict of interest (IC 35-44.1-1-4).
	10819	+	12 (21) Perjury (IC 35-44.1-2-1).
	10820	+	13 (22) Obstruction of justice (IC 35-44.1-2-2).
	10821	+	14 (23) Intimidation (IC 35-45-2-1).
	10822	+	15 (24) Promoting prostitution (IC 35-45-4-4).
	10823	+	16 (25) Professional gambling (IC 35-45-5-3).
	10824	+	17 (26) Maintaining a professional gambling site (IC
	10825	+	18 35-45-5-3.5(b)).
	10826	+	19 (27) Promoting professional gambling (IC 35-45-5-4).
	10827	+	20 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
	10828	+	21 35-48-4-1).
	10829	+	22 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
	10830	+	23 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
	10831	+	24 (31) Dealing in a schedule I, II, or III controlled substance (IC
	10832	+	25 35-48-4-2).
	10833	+	26 (32) Dealing in a schedule IV controlled substance (IC
	10834	+	27 35-48-4-3).
	10835	+	28 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
	10836	+	29 (34) Dealing in marijuana, hash oil, hashish, or salvia (IC
	10837	+	30 35-48-4-10).
	10838	+	31 (35) Money laundering (IC 35-45-15-5).
	10839	+	32 (36) A violation of IC 35-47.5-5.
	10840	+	33 (37) A violation of any of the following:
	10841	+	34 (A) IC 23-14-48-9.
	10842	+	35 (B) IC 30-2-9-7(b).
	10843	+	36 (C) IC 30-2-10-9(b).
	10844	+	37 (D) IC 30-2-13-38(f).
	10845	+	38 (38) Practice of law by a person who is not an attorney (IC
	10846	+	39 33-43-2-1).
	10847	+	40 (39) An offense listed in IC 35-48-4 involving the manufacture or
	10848	+	41 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
	10849	+	42 synthetic drug lookalike substance (as defined in
	10850	+	SB 80—LS 6051/DI 112 253
	10851	+	1 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
	10852	+	2 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
	10853	+	3 substance analog (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8),
	10854	+	4 or a substance represented to be a controlled substance (as
	10855	+	5 described in IC 35-48-4-4.6).
	10856	+	6 (40) Dealing in a controlled substance resulting in death (IC
	10857	+	7 35-42-1-1.5).
	10858	+	8 (41) Organized retail theft (IC 35-43-4-2.2).
	10859	+	9 SECTION 241. IC 35-45-21-5, AS ADDED BY P.L.158-2013,
	10860	+	10 SECTION 547, IS AMENDED TO READ AS FOLLOWS
	10861	+	11 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) The following definitions
	10862	+	12 apply throughout this section:
	10863	+	13 (1) "Health care provider" refers to a health care provider (as
	10864	+	14 defined in IC 16-18-2-163(a), IC 16-18-2-163(b), or
	10865	+	15 IC 16-18-2-163(c)) or a qualified medication aide as described in
	10866	+	16 IC 16-28-1-11.
	10867	+	17 (2) "Licensed health professional" has the meaning set forth in
	10868	+	18 IC 25-23-1-27.1.
	10869	+	19 (3) "Practitioner" has the meaning set forth in IC 16-42-19-5.
	10870	+	20 However, the term does not include a veterinarian.
	10871	+	21 (4) "Prescription drug" has the meaning set forth in
	10872	+	22 IC 35-48-1-25. IC 35-48-1.1-35.
	10873	+	23 (b) A person who knowingly or intentionally physically interrupts,
	10874	+	24 obstructs, or alters the delivery or administration of a prescription drug:
	10875	+	25 (1) prescribed or ordered by a practitioner for a person who is a
	10876	+	26 patient of the practitioner; and
	10877	+	27 (2) without the prescription or order of a practitioner;
	10878	+	28 commits interference with medical services, a Class A misdemeanor,
	10879	+	29 except as provided in subsection (c).
	10880	+	30 (c) An offense described in subsection (b) is:
	10881	+	31 (1) a Level 6 felony if the offense results in bodily injury;
	10882	+	32 (2) a Level 5 felony if it is committed by a person who is a
	10883	+	33 licensed health care provider or licensed health professional;
	10884	+	34 (3) a Level 4 felony if it results in serious bodily injury to the
	10885	+	35 patient; and
	10886	+	36 (4) a Level 2 felony if it results in the death of the patient.
	10887	+	37 (d) A person is justified in engaging in conduct otherwise prohibited
	10888	+	38 under this section if the conduct is performed by:
	10889	+	39 (1) a health care provider or licensed health professional who acts
	10890	+	40 in good faith within the scope of the person's practice or
	10891	+	41 employment; or
	10892	+	42 (2) a person who is rendering emergency care at the scene of an
	10893	+	SB 80—LS 6051/DI 112 254
	10894	+	1 emergency or accident in a good faith attempt to avoid or
	10895	+	2 minimize serious bodily injury to the patient.
	10896	+	3 SECTION 242. IC 35-46-1-8, AS AMENDED BY P.L.252-2017,
	10897	+	4 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	10898	+	5 JULY 1, 2025]: Sec. 8. (a) A person at least eighteen (18) years of age
	10899	+	6 who knowingly or intentionally encourages, aids, induces, or causes a
	10900	+	7 child to commit an act of delinquency (as defined by IC 31-37-1 or
	10901	+	8 IC 31-37-2) commits contributing to delinquency, a Class A
	10902	+	9 misdemeanor, except as provided in subsections (b) through (e).
	10903	+	10 (b) If the delinquent act described in subsection (a) would be a
	10904	+	11 felony if committed by an adult, the offense described in subsection (a)
	10905	+	12 is a felony of the same level as the delinquent act would be if
	10906	+	13 committed by an adult.
	10907	+	14 (c) The offense described in subsection (a) is a Level 5 felony if:
	10908	+	15 (1) the person committing the offense is at least twenty-one (21)
	10909	+	16 years of age and knowingly or intentionally furnishes:
	10910	+	17 (A) an alcoholic beverage to a child in violation of
	10911	+	18 IC 7.1-5-7-8 when the person committing the offense knew or
	10912	+	19 reasonably should have known that the person furnished the
	10913	+	20 alcoholic beverage was a child; or
	10914	+	21 (B) a controlled substance (as defined in IC 35-48-1-9)
	10915	+	22 IC 35-48-1.1-7) or a drug (as defined in IC 9-13-2-49.1) in
	10916	+	23 violation of Indiana law; and
	10917	+	24 (2) the consumption, ingestion, or use of the alcoholic beverage,
	10918	+	25 controlled substance, or drug is the proximate cause of the death
	10919	+	26 of any person.
	10920	+	27 (d) Except as provided in subsection (c), the offense described in
	10921	+	28 subsection (a) is a Level 6 felony if:
	10922	+	29 (1) the person committing the offense is at least twenty-one (21)
	10923	+	30 years of age;
	10924	+	31 (2) the child who commits the delinquent act is less than sixteen
	10925	+	32 (16) years of age; and
	10926	+	33 (3) the act would be a misdemeanor if committed by an adult.
	10927	+	34 (e) If the person who commits the offense described in subsection
	10928	+	35 (a) is at least twenty-one (21) years of age, and the child who commits
	10929	+	36 the delinquent act is less than sixteen (16) years of age, the offense is:
	10930	+	37 (1) a Level 5 felony if the delinquent act would be a Level 6
	10931	+	38 felony if committed by an adult;
	10932	+	39 (2) a Level 4 felony if the delinquent act would be a Level 5
	10933	+	40 felony if committed by an adult;
	10934	+	41 (3) a Level 3 felony if the delinquent act would be a Level 4
	10935	+	42 felony if committed by an adult;
	10936	+	SB 80—LS 6051/DI 112 255
	10937	+	1 (4) a Level 2 felony if the delinquent act would be a Level 3
	10938	+	2 felony if committed by an adult;
	10939	+	3 (5) a Level 1 felony if the delinquent act would be a Level 1 or 2
	10940	+	4 felony if committed by an adult; or
	10941	+	5 (6) punishable under IC 35-50-2-3(a) (penalty for murder) if the
	10942	+	6 delinquent act would be murder if committed by an adult.
	10943	+	7 SECTION 243. IC 35-46-1-20 IS AMENDED TO READ AS
	10944	+	8 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 20. A law enforcement
	10945	+	9 officer shall enforce a foreign protection order (as defined in
	10946	+	10 IC 34-6-2-48.5) IC 34-6-2.1-76) in conformity with the procedures in
	10947	+	11 IC 34-26-5-17.
	10948	+	12 SECTION 244. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
	10949	+	13 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	10950	+	14 JULY 1, 2025]: Sec. 6. (a) Except as provided in subsections (b) and
	10951	+	15 (c), a person who operates a motorboat while:
	10952	+	16 (1) having an alcohol concentration equivalent (as defined in
	10953	+	17 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
	10954	+	18 per:
	10955	+	19 (A) one hundred (100) milliliters of the person's blood; or
	10956	+	20 (B) two hundred ten (210) liters of the person's breath;
	10957	+	21 (2) having a controlled substance listed in schedule I or II of
	10958	+	22 IC 35-48-2 or its metabolite in the person's body; or
	10959	+	23 (3) intoxicated;
	10960	+	24 commits a Class C misdemeanor.
	10961	+	25 (b) The offense is a Level 6 felony if:
	10962	+	26 (1) the person has a previous conviction under:
	10963	+	27 (A) IC 14-1-5 (repealed);
	10964	+	28 (B) IC 14-15-8-8 (repealed); or
	10965	+	29 (C) this chapter; or
	10966	+	30 (2) the offense results in serious bodily injury to another person.
	10967	+	31 (c) The offense is a Level 5 felony if the offense results in the death
	10968	+	32 or catastrophic injury of another person.
	10969	+	33 (d) It is a defense to a prosecution under subsection (a)(2) that the
	10970	+	34 accused person consumed the controlled substance in accordance with
	10971	+	35 a valid prescription or order of a practitioner (as defined in
	10972	+	36 IC 35-48-1-24) IC 35-48-1.1-34) who acted in the course of the
	10973	+	37 practitioner's professional practice.
	10974	+	38 SECTION 245. IC 35-47-1-4 IS AMENDED TO READ AS
	10975	+	39 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. "Drug abuser" means
	10976	+	40 an individual who has had two (2) or more violations of IC 35-48-1
	10977	+	41 (before its repeal), IC 35-48-1.1, IC 35-48-2, IC 35-48-3, or
	10978	+	42 IC 35-48-4, any one (1) of which resulted in conviction by a court or
	10979	+	SB 80—LS 6051/DI 112 256
	10980	+	1 treatment in a drug abuse facility within five (5) years prior to the date
	10981	+	2 of application.
	10982	+	3 SECTION 246. IC 35-47-11.1-1, AS ADDED BY P.L.152-2011,
	10983	+	4 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	10984	+	5 JULY 1, 2025]: Sec. 1. This chapter applies to a political subdivision
	10985	+	6 (as defined in IC 3-5-2-38). IC 3-5-2.1-79).
	10986	+	7 SECTION 247. IC 35-47-16-1, AS ADDED BY P.L.147-2014,
	10987	+	8 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	10988	+	9 JULY 1, 2025]: Sec. 1. A judicial officer:
	10989	+	10 (1) may possess and use a firearm in the same locations that a law
	10990	+	11 enforcement officer who is authorized to carry a firearm under
	10991	+	12 IC 5-2-1 may possess a firearm while the law enforcement officer
	10992	+	13 is engaged in the execution of the law enforcement officer's
	10993	+	14 official duties; and
	10994	+	15 (2) may not be prohibited from possessing a firearm on land or in
	10995	+	16 buildings and other structures owned or leased by:
	10996	+	17 (A) the state or any agency of state government; or
	10997	+	18 (B) a political subdivision (as defined in IC 3-5-2-38).
	10998	+	19 IC 3-5-2.1-79).
	10999	+	20 SECTION 248. IC 35-48-1 IS REPEALED [EFFECTIVE JULY 1,
	11000	+	21 2025]. (Definitions for Controlled Substances Law).
	11001	+	22 SECTION 249. IC 35-48-1.1 IS ADDED TO THE INDIANA
	11002	+	23 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
	11003	+	24 [EFFECTIVE JULY 1, 2025]:
	11004	+	25 Chapter 1.1. Definitions
	11005	+	26 Sec. 1. Section 8 of this chapter (formerly IC 35-48-1-9.3, as
	11006	+	27 added by P.L.225-2003) applies only to a controlled substance
	11007	+	28 offense under IC 35-48-4 that occurs after June 30, 2003.
	11008	+	29 Sec. 2. The definitions in this chapter apply throughout this
	11009	+	30 article.
	11010	+	31 Sec. 3. "Administer" means the direct application of a
	11011	+	32 controlled substance, whether by injection, inhalation, ingestion, or
	11012	+	33 any other means, to the body of a patient or research subject by:
	11013	+	34 (1) a practitioner or by the practitioner's authorized agent; or
	11014	+	35 (2) the patient or research subject at the direction and in the
	11015	+	36 presence of the practitioner.
	11016	+	37 Sec. 4. "Agent" means an authorized person who acts on behalf
	11017	+	38 of, or at the direction of, a manufacturer, distributor, or dispenser,
	11018	+	39 but it does not include a common or contract carrier, public
	11019	+	40 warehouseman, or employee of the carrier or warehouseman.
	11020	+	41 Sec. 5. "Board" refers to the Indiana state board of pharmacy.
	11021	+	42 Sec. 6. "Cocaine" includes coca leaves and any salt, compound,
	11022	+	SB 80—LS 6051/DI 112 257
	11023	+	1 or derivative of coca leaves, and any salt, compound, isomer,
	11024	+	2 derivative, or preparation which is chemically equivalent or
	11025	+	3 identical to any of these substances. However, decocainized coca
	11026	+	4 leaves or extraction of coca leaves that do not contain cocaine or
	11027	+	5 ecgonine are not included.
	11028	+	6 Sec. 7. "Controlled substance" means a drug, substance, or
	11029	+	7 immediate precursor in schedule I, II, III, IV, or V under:
	11030	+	8 (1) IC 35-48-2-4, IC 35-48-2-6, IC 35-48-2-8, IC 35-48-2-10, or
	11031	+	9 IC 35-48-2-12, if IC 35-48-2-14 does not apply; or
	11032	+	10 (2) a rule adopted by the board, if IC 35-48-2-14 applies.
	11033	+	11 The term does not include low THC hemp extract.
	11034	+	12 Sec. 8. (a) "Controlled substance analog" means a substance
	11035	+	13 that, due to its chemical structure and potential for abuse or
	11036	+	14 misuse, meets the following criteria:
	11037	+	15 (1) The substance is substantially similar to a controlled
	11038	+	16 substance classified under IC 35-48-2.
	11039	+	17 (2) The substance has a narcotic, stimulant, depressant, or
	11040	+	18 hallucinogenic effect on the central nervous system or is
	11041	+	19 represented or intended to have a narcotic, stimulant,
	11042	+	20 depressant, or hallucinogenic effect on the central nervous
	11043	+	21 system substantially similar to or greater than that of a
	11044	+	22 controlled substance classified under IC 35-48-2.
	11045	+	23 (b) The definition set forth in subsection (a) does not include:
	11046	+	24 (1) a controlled substance;
	11047	+	25 (2) a legend drug;
	11048	+	26 (3) a substance for which there is an approved new drug
	11049	+	27 application;
	11050	+	28 (4) any compound, mixture, or preparation that contains any
	11051	+	29 controlled substance, that is not for administration to a
	11052	+	30 human being or an animal, and that is packaged in a form or
	11053	+	31 concentration, or with adulterants or denaturants, such that
	11054	+	32 as packaged it does not present any significant potential for
	11055	+	33 abuse;
	11056	+	34 (5) a substance to which an investigational exemption applies
	11057	+	35 under Section 505 of the federal Food, Drug and Cosmetic Act
	11058	+	36 (chapter 675, 52 Stat. 1052 (21 U.S.C. 355)), but only to the
	11059	+	37 extent that conduct with respect to the substance is pursuant
	11060	+	38 to the exemption; or
	11061	+	39 (6) low THC hemp extract.
	11062	+	40 (c) For purposes of subsection (a), "substantially similar", as it
	11063	+	41 applies to the chemical structure of a substance, means that the
	11064	+	42 chemical structure of the substance, when compared to the
	11065	+	SB 80—LS 6051/DI 112 258
	11066	+	1 structure of a controlled substance, has a single difference in the
	11067	+	2 structural formula that substitutes one (1) atom or functional
	11068	+	3 group for another, including:
	11069	+	4 (1) one (1) halogen for another halogen;
	11070	+	5 (2) one (1) hydrogen for a halogen;
	11071	+	6 (3) one (1) halogen for a hydrogen; or
	11072	+	7 (4) an alkyl group added or deleted:
	11073	+	8 (A) as a side chain to or from a molecule; or
	11074	+	9 (B) from a side chain of a molecule.
	11075	+	10 Sec. 9. "Counterfeit substance" means a controlled substance
	11076	+	11 which, or the container or labeling of which, without authorization,
	11077	+	12 bears the trademark, trade name, or other identifying mark,
	11078	+	13 imprint, number, or device, or any likeness thereof, of a
	11079	+	14 manufacturer, distributor, or dispenser other than the person who
	11080	+	15 in fact manufactured, distributed, or dispensed the substance.
	11081	+	16 Sec. 10. "Delivery" means:
	11082	+	17 (1) an actual or constructive transfer from one (1) person to
	11083	+	18 another of a controlled substance, whether or not there is an
	11084	+	19 agency relationship; or
	11085	+	20 (2) the organizing or supervising of an activity described in
	11086	+	21 subdivision (1).
	11087	+	22 Sec. 11. "Dispense" means to deliver a controlled substance to
	11088	+	23 an ultimate user or research subject by or pursuant to the lawful
	11089	+	24 order of a practitioner and includes the prescribing, administering,
	11090	+	25 packaging, labeling, or compounding necessary to prepare the
	11091	+	26 substance for that delivery.
	11092	+	27 Sec. 12. "Dispenser" means a practitioner who dispenses.
	11093	+	28 Sec. 13. "Distribute" means to deliver other than by
	11094	+	29 administering or dispensing a controlled substance.
	11095	+	30 Sec. 14. "Distributor" means a person who distributes.
	11096	+	31 Sec. 15. (a) Except as provided in subsection (b), "drug" has the
	11097	+	32 meaning set forth in IC 16-42-19-2. It does not include devices or
	11098	+	33 their components, parts, or accessories, nor does it include food.
	11099	+	34 (b) For purposes of IC 35-48-4, "drug":
	11100	+	35 (1) has the meaning set forth in subsection (a); and
	11101	+	36 (2) includes a controlled substance (as defined in section 7 of
	11102	+	37 this chapter) and a controlled substance analog (as defined in
	11103	+	38 section 8 of this chapter).
	11104	+	39 Sec. 16. "Drug offense" means a felony or misdemeanor
	11105	+	40 involving the production, delivery, sale, or possession of a
	11106	+	41 controlled substance.
	11107	+	42 Sec. 17. "Drug related felony" means a felony conviction for an
	11108	+	SB 80—LS 6051/DI 112 259
	11109	+	1 offense described in:
	11110	+	2 (1) IC 35-48-4-1 through IC 35-48-4-11.5 (repealed); or
	11111	+	3 (2) IC 35-48-4-13 (repealed) through IC 35-48-4-14.7.
	11112	+	4 Sec. 18. "Enhancing circumstance" means one (1) or more of
	11113	+	5 the following:
	11114	+	6 (1) The person has a prior conviction for dealing in a
	11115	+	7 controlled substance that is not marijuana, hashish, hash oil,
	11116	+	8 or salvia divinorum.
	11117	+	9 (2) The person committed the offense while in possession of a
	11118	+	10 firearm.
	11119	+	11 (3) The person committed the offense:
	11120	+	12 (A) on a school bus; or
	11121	+	13 (B) in, on, or within five hundred (500) feet of:
	11122	+	14 (i) school property while a person under eighteen (18)
	11123	+	15 years of age was reasonably expected to be present; or
	11124	+	16 (ii) a public park while a person under eighteen (18)
	11125	+	17 years of age was reasonably expected to be present.
	11126	+	18 (4) The person delivered or financed the delivery of the drug
	11127	+	19 to a person under eighteen (18) years of age at least three (3)
	11128	+	20 years junior to the person.
	11129	+	21 (5) The person manufactured or financed the manufacture of
	11130	+	22 the drug.
	11131	+	23 (6) The person committed the offense in the physical presence
	11132	+	24 of a child less than eighteen (18) years of age, knowing that
	11133	+	25 the child was present and might be able to see or hear the
	11134	+	26 offense.
	11135	+	27 (7) The person committed the offense on the property of a:
	11136	+	28 (A) penal facility; or
	11137	+	29 (B) juvenile facility (as defined in IC 35-44.1-3-5).
	11138	+	30 (8) The person knowingly committed the offense in, on, or
	11139	+	31 within one hundred (100) feet of a facility. For purposes of
	11140	+	32 this subdivision, "facility" means a place that is:
	11141	+	33 (A) created and funded under IC 12-23-14 or IC 33-23-16;
	11142	+	34 (B) certified under IC 12-23-1-6; or
	11143	+	35 (C) used for the purpose of conducting a recovery or
	11144	+	36 support group meeting;
	11145	+	37 and at which a drug abuser (as defined in IC 12-7-2-73) may
	11146	+	38 be provided with treatment, care, or rehabilitation.
	11147	+	39 Sec. 19. "Fentanyl containing substance" means one (1) or more
	11148	+	40 of the following substances, including their isomers, esters, ethers,
	11149	+	41 salts, and salts of isomers, esters, and ethers:
	11150	+	42 (1) 4-fluoroisobutyryl fentanyl.
	11151	+	SB 80—LS 6051/DI 112 260
	11152	+	1 (2) Acetyl fentanyl (Other names include:
	11153	+	2 N-(1-phenethylpiperidin-4-yl)- N- phenylacetamide).
	11154	+	3 (3) Cyclopentyl fentanyl. Other name:
	11155	+	4 N-(1-phenethylpiperidin- 4-yl)-N-
	11156	+	5 phenylcyclopentanecarboxamide.
	11157	+	6 (4) Fentanyl related substances.
	11158	+	7 (5) Furanyl fentanyl.
	11159	+	8 (6) Isobutyryl fentanyl. Other name: N-(1-phenethylpiperidin-
	11160	+	9 4-yl)-N- phenylisobutyramide.
	11161	+	10 (7) Methoxyacetyl fentanyl. Other name:
	11162	+	11 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide.
	11163	+	12 (8) 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
	11164	+	13 piperidyl] - N-phenyl-propanimide] (9813).
	11165	+	14 (9) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
	11166	+	15 piperidinyl]-N-phenylpropanamide) (9833).
	11167	+	16 (10) N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl)
	11168	+	17 isobutyramide (para-chloroisobutyryl fentanyl).
	11169	+	18 (11) N-(2-fluorophenyl)-2-methoxy-
	11170	+	19 N-(1-phenethylpiperidin-4-yl) acetamide (ocfentanil).
	11171	+	20 (12) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl)
	11172	+	21 butyramide (para-fluorobutyryl fentanyl).
	11173	+	22 (13) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also
	11174	+	23 known as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide,
	11175	+	24 (butyryl fentanyl).
	11176	+	25 (14) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide
	11177	+	26 (valeryl fentanyl).
	11178	+	27 (15) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl)
	11179	+	28 butyramide (para-methoxybutyryl fentanyl).
	11180	+	29 (16) N-[1-(2-thienyl)methyl-4-piperidyl]-
	11181	+	30 N-phenylpropanamide (thenylfentanyl), including any
	11182	+	31 isomers, salts, or salts of isomers (9834).
	11183	+	32 (17) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
	11184	+	33 (isobutyryl fentanyl).
	11185	+	34 (18) N-(1-phenethylpiperidin-4-yl)-
	11186	+	35 Nphenylcyclopentanecarboxamide (cyclopentyl fentanyl).
	11187	+	36 (19) Para-chloroisobutyryl fentanyl. Other name:
	11188	+	37 N-(4-chlorophenyl)- N-(1-phenethylpiperidin- 4-yl)
	11189	+	38 isobutyramide.
	11190	+	39 (20) Para-fluorobutyryl fentanyl. Other name: N-(4-
	11191	+	40 fluorophenyl)-N- (1-phenethylpiperidin- 4-yl)butyramide.
	11192	+	41 (21) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-
	11193	+	42 (2-phenethyl)- 4-piperidinyl] propanamide (9812).
	11194	+	SB 80—LS 6051/DI 112 261
	11195	+	1 (22) Para-methoxybutyryl fentanyl. Other name: N-(4-
	11196	+	2 methoxyphenyl)-N- (1-phenethylpiperidin-4-yl)butyramide.
	11197	+	3 (23) Tetrahydrofuranyl fentanyl. Other name:
	11198	+	4 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-c
	11199	+	5 arb oxamide.
	11200	+	6 (24) Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
	11201	+	7 piperidinyl] -propanamide) (9835).
	11202	+	8 (25) Valeryl fentanyl. Other name:
	11203	+	9 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide.
	11204	+	10 (26) Fentanyl.
	11205	+	11 (27) An immediate precursor to fentanyl: 4-Anilino-
	11206	+	12 N-Phenethyl-4-Piperidine (ANPP).
	11207	+	13 (28) Carfentanil.
	11208	+	14 Sec. 20. "Fentanyl related substance" means any substance not
	11209	+	15 listed in schedule I through V of IC 35-48-2 that is structurally
	11210	+	16 related to fentanyl by one (1) or more of the following
	11211	+	17 modifications:
	11212	+	18 (1) Replacement of the phenyl portion of the phenethyl group
	11213	+	19 by any monocycle, whether or not further substituted in or on
	11214	+	20 the monocycle.
	11215	+	21 (2) Substitution in or on the phenethyl group with alkyl,
	11216	+	22 alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro
	11217	+	23 groups.
	11218	+	24 (3) Substitution in or on the piperidine ring with alkyl,
	11219	+	25 alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino,
	11220	+	26 or nitro groups.
	11221	+	27 (4) Replacement of the aniline ring with any aromatic
	11222	+	28 monocycle whether or not further substituted in or on the
	11223	+	29 aromatic monocycle.
	11224	+	30 (5) Replacement of the N-propionyl group by another acyl
	11225	+	31 group.
	11226	+	32 Sec. 21. "Hashish" does not include low THC hemp extract.
	11227	+	33 Sec. 22. "Hash oil" does not include low THC hemp extract.
	11228	+	34 Sec. 23. (a) "Hemp bud" means the harvested immature
	11229	+	35 reproductive organ of the female hemp plant.
	11230	+	36 (b) The term does not include agricultural hemp seed.
	11231	+	37 Sec. 24. (a) "Hemp flower" means the harvested reproductive
	11232	+	38 organ, whether immature or mature, of the female hemp plant.
11241	11233		39 (b) The term does not include agricultural hemp seed.
11242		-	40 Sec. 24. (a) "Hemp flower" means the harvested reproductive
11243		-	41 organ, whether immature or mature, of the female hemp plant.
11244		-	42 (b) The term does not include agricultural hemp seed.
11245		-	ES 80—LS 6051/DI 112 262
11246		-	1 Sec. 25. "Immediate precursor" means a substance which the
11247		-	2 board has found to be and by rule designates as being the principal
11248		-	3 compound commonly used or produced primarily for use, and
11249		-	4 which is an immediate chemical intermediate used or likely to be
11250		-	5 used in the manufacture of a controlled substance, the control of
11251		-	6 which is necessary to prevent, curtail, or limit manufacture.
11252		-	7 Sec. 26. (a) Except as provided in subsections (b) and (c),
11253		-	8 "isomer" means an optical isomer.
11254		-	9 (b) "Isomer", as used in IC 35-48-2-4(d), means an optical,
11255		-	10 positional, or geometric isomer.
11256		-	11 (c) "Isomer", as used in section 6 of this chapter, means an
11257		-	12 optical or geometric isomer.
11258		-	13 Sec. 27. (a) "Low THC hemp extract" means a substance or
11259		-	14 compound that:
11260		-	15 (1) is derived from or contains any part of the plant Cannabis
11261		-	16 sativa L. that meets the definition of hemp under
11262		-	17 IC 15-15-13-6;
11263		-	18 (2) contains not more than three-tenths percent (0.3%) total
11264		-	19 delta-9-tetrahydrocannabinol (THC), including precursors, by
11265		-	20 weight; and
11266		-	21 (3) contains no other controlled substances.
11267		-	22 (b) The term does not include:
11268		-	23 (1) the harvested reproductive organ, whether immature or
11269		-	24 mature, of the female hemp plant; or
11270		-	25 (2) smokable hemp.
11271		-	26 Sec. 28. "Manufacture" means the following:
11272		-	27 (1) For offenses not involving marijuana, hashish, or hash oil:
11273		-	28 (A) the production, preparation, propagation,
11274		-	29 compounding, conversion, or processing of a controlled
11275		-	30 substance, either directly or indirectly by extraction from
11276		-	31 substances of natural origin, independently by means of
11277		-	32 chemical synthesis, or by a combination of extraction and
11278		-	33 chemical synthesis, and includes any packaging or
11279		-	34 repackaging of the substance or labeling or relabeling of its
11280		-	35 container. It does not include the preparation,
11281		-	36 compounding, packaging, or labeling of a controlled
11282		-	37 substance:
11283		-	38 (i) by a practitioner as an incident to administering or
11284		-	39 dispensing of a controlled substance in the course of a
11285		-	40 professional practice; or
11286		-	41 (ii) by a practitioner, or by the practitioner's authorized
11287		-	42 agent under the practitioner's supervision, for the
11288		-	ES 80—LS 6051/DI 112 263
11289		-	1 purpose of, or as an incident to, research, teaching, or
11290		-	2 chemical analysis and not for sale; or
11291		-	3 (B) the organizing or supervising of an activity described
11292		-	4 in clause (A).
11293		-	5 (2) For offenses involving marijuana, hashish, or hash oil:
11294		-	6 (A) the preparation, compounding, conversion, or
11295		-	7 processing of marijuana, hashish, or hash oil, either
11296		-	8 directly or indirectly by extraction from substances of
11297		-	9 natural origin, independently by means of chemical
11298		-	10 synthesis, or by a combination of extraction and chemical
11299		-	11 synthesis, and includes any packaging or repackaging of
11300		-	12 the marijuana, hashish, or hash oil, or labeling or
11301		-	13 relabeling of its container. It does not include planting,
11302		-	14 growing, cultivating, or harvesting a plant, or the
11303		-	15 preparation, compounding, packaging, or labeling of
11304		-	16 marijuana, hashish, or hash oil:
11305		-	17 (i) by a practitioner as an incident to lawfully
11306		-	18 administering or dispensing of marijuana, hashish, or
11307		-	19 hash oil in the course of a professional practice; or
11308		-	20 (ii) by a practitioner, or by the practitioner's authorized
11309		-	21 agent under the practitioner's supervision, for the
11310		-	22 purpose of, or as an incident to, research, teaching, or
11311		-	23 chemical analysis and not for sale; or
11312		-	24 (B) the organizing or supervising of an activity described
11313		-	25 in clause (A).
11314		-	26 Sec. 29. (a) "Marijuana" means any part of the plant genus
11315		-	27 Cannabis whether growing or not; the seeds thereof; the resin
11316		-	28 extracted from any part of the plant, including hashish and hash
11317		-	29 oil; any compound, manufacture, salt, derivative, mixture, or
11318		-	30 preparation of the plant, its seeds or resin.
11319		-	31 (b) The term does not include:
11320		-	32 (1) the mature stalks of the plant;
11321		-	33 (2) fiber produced from the stalks;
11322		-	34 (3) oil or cake made from the seeds of the plant;
11323		-	35 (4) any other compound, manufacture, salt, derivative,
11324		-	36 mixture, or preparation of the mature stalks (except the resin
11325		-	37 extracted therefrom);
11326		-	38 (5) the sterilized seed of the plant which is incapable of
11327		-	39 germination;
11328		-	40 (6) hemp (as defined by IC 15-15-13-6);
11329		-	41 (7) low THC hemp extract; or
11330		-	42 (8) smokable hemp.
11331		-	ES 80—LS 6051/DI 112 264
11332		-	1 Sec. 30. "Narcotic drug" means any of the following, whether
11333		-	2 produced directly or indirectly by extraction from substances of
11334		-	3 vegetable origin, independently by means of chemical synthesis, or
11335		-	4 by a combination of extraction and chemical synthesis:
11336		-	5 (1) Opium, opiates, derivatives of opium and opiates,
11337		-	6 including their isomers, esters, ethers, salts, and salts of
11338		-	7 isomers, esters, and ethers, whenever the existence of these
11339		-	8 isomers, esters, ethers, and salts is possible within the specific
11340		-	9 chemical designation. The term does not include the
11341		-	10 isoquinoline alkaloids of opium.
11342		-	11 (2) Opium poppy and poppy straw.
11343		-	12 (3) Any compound, mixture, or preparation which contains
11344		-	13 any quantity of any of the substances referred to in this
11345		-	14 section.
11346		-	15 Sec. 31. "Opiate" or "opioid" means a drug or other substance
11347		-	16 having an addiction-forming or addiction-sustaining liability
11348		-	17 similar to morphine or being capable of conversion into a drug
11349		-	18 having addiction-forming or addiction-sustaining liability. It does
11350		-	19 not include, unless specifically designated as controlled under
11351		-	20 IC 35-48-2, the dextrorotatory isomer of
11352		-	21 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
11353		-	22 It does include its racemic and levorotatory forms.
11354		-	23 Sec. 32. "Opium poppy" means the plant of the species Papaver
11355		-	24 somniferum L., except its seeds.
11356		-	25 Sec. 33. "Poppy straw" means any part, except the seeds, of the
11357		-	26 opium poppy, after mowing.
11358		-	27 Sec. 34. "Practitioner" means a physician, dentist, veterinarian,
11359		-	28 scientific investigator, pharmacy, hospital, or other institution or
11360		-	29 individual licensed, registered, or otherwise permitted to
11361		-	30 distribute, dispense, conduct research with respect to, or
11362		-	31 administer a controlled substance in the course of professional
11363		-	32 practice or research in Indiana.
11364		-	33 Sec. 35. "Prescription drug" means a controlled substance or a
11365		-	34 legend drug (as defined in IC 16-18-2-199).
11366		-	35 Sec. 36. "Production" includes the manufacture, planting,
11367		-	36 cultivation, growing, or harvesting of a controlled substance.
11368		-	37 Sec. 37. "Sale to a minor" means delivery or financing the
11369		-	38 delivery of a drug to a person less than eighteen (18) years of age
11370		-	39 and at least three (3) years junior to the person making the
11371		-	40 delivery or financing.
11372		-	41 Sec. 38. (a) Except as provided in subsection (b), "smokable
11373		-	42 hemp" means a product containing not more than three-tenths
11374		-	ES 80—LS 6051/DI 112 265
11375		-	1 percent (0.3%) delta-9-tetrahydrocannabinol (THC), including
11376		-	2 precursors and derivatives of THC, in a form that allows THC to
11377		-	3 be introduced into the human body by inhalation of smoke. The
11378		-	4 term includes:
11379		-	5 (1) hemp bud; and
11380		-	6 (2) hemp flower.
11381		-	7 (b) The term does not include:
11382		-	8 (1) a hemp plant that is; or
11383		-	9 (2) parts of a hemp plant that are;
11384		-	10 grown or handled by a licensee for processing or manufacturing
11385		-	11 into a legal hemp product.
11386		-	12 Sec. 39. "Ultimate user" means a person who lawfully possesses
11387		-	13 a controlled substance for the person's own use, for the use of a
11388		-	14 member of the person's household, or for administering to an
11389		-	15 animal owned by the person or by a member of the person's
11390		-	16 household.
11391		-	17 SECTION 250. IC 35-48-2-4, AS AMENDED BY P.L.84-2024,
11392		-	18 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11393		-	19 JULY 1, 2025]: Sec. 4. (a) The controlled substances listed in this
11394		-	20 section are included in schedule I.
11395		-	21 (b) Opiates. Any of the following opiates, including their isomers,
11396		-	22 esters, ethers, salts, and salts of isomers, esters, and ethers, unless
11397		-	23 specifically excepted by rule of the board or unless listed in another
11398		-	24 schedule, whenever the existence of these isomers, esters, ethers, and
11399		-	25 salts is possible within the specific chemical designation:
11400		-	26 4-fluoroisobutyryl fentanyl.
11401		-	27 Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
11402		-	28 piperidinyl]-N-phenylacetamide) (9815).
11403		-	29 Acetyl fentanyl (Other names include:
11404		-	30 N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide).
11405		-	31 Acetylmethadol (9601).
11406		-	32 Acrylfentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-
11407		-	33 N-phenylacrylamide.
11408		-	34 Allylprodine (9602).
11409		-	35 Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
11410		-	36 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832).
11411		-	37 Alphacetylmethadol (9603).
11412		-	38 Alphameprodine (9604).
11413		-	39 Alphamethadol (9605).
11414		-	40 Alpha'-Methyl butyryl fentanyl (2-methyl-N-(1-
11415		-	41 phenethylpiperidin- 4-yl)-N-phenylbutanamide) (9864).
11416		-	42 Alphamethylfentanyl (9814).
11417		-	ES 80—LS 6051/DI 112 266
11418		-	1 Benzethidine (9606).
11419		-	2 Beta-hydroxy-3-methylfentanyl (9831). Other name:
11420		-	3 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
11421		-	4 ]-N-phenylpropanamide.
11422		-	5 Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
11423		-	6 phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830).
11424		-	7 Betacetylmethadol (9607).
11425		-	8 Betameprodine (9608).
11426		-	9 Betamethadol (9609).
11427		-	10 Betaprodine (9611).
11428		-	11 Brorphine(9098). Other name:
11429		-	12 1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2
11430		-	13 H-benzo[d]imidazol-2-one.
11431		-	14 2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1yl)-N,N-dieth
11432		-	15 ylethan-1-amine (butonitazene); other name: butoxynitazene.
11433		-	16 Clonitazene (9612).
11434		-	17 Cyclopentyl fentanyl. Other name:
11435		-	18 N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxami
11436		-	19 de.
11437		-	20 Dextromoramide (9613).
11438		-	21 Diampromide (9615).
11439		-	22 Diethylthiambutene (9616).
11440		-	23 N,N-diethyl-2-(2-(4-flourobenzyl)-5-nitro-1H-benzimidazol-1-y
11441		-	24 l)ethan-1-amine (flunitazene).
11442		-	25 N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)eth
11443		-	26 an-1-amine (metodesnitazene).
11444		-	27 N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-
11445		-	28 1-yl)ethan-1-amine (metonitazene).
11446		-	29 N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-
11447		-	30 1-yl)ethan-1-amine (protonitazene); other name: pronitazene.
11448		-	31 Difenoxin (9168).
11449		-	32 Dimenoxadol (9617).
11450		-	33 Dimepheptanol (9618).
11451		-	34 2',5'-Dimethoxyfentanyl (N-(1- (2,5-dimethoxyphenethyl)
11452		-	35 piperidin-4-yl)- N-phenylpropionamide) (9861).
11453		-	36 Dimethylthiambutene (9619).
11454		-	37 Dioxaphetyl butyrate (9621).
11455		-	38 Dipipanone (9622).
11456		-	39 2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1yl)-N,N-diethylethan-
11457		-	40 1-amine (etodesnitazene; etazene).
11458		-	41 2-(4-ethnoxybenzyl)5-nitro-1(2-(pyrorolidin-1-yl)ethyl)-1H-ben
11459		-	42 zimidazol (N-pyrrolidino etonizatene; etonitazepyne).
11460		-	ES 80—LS 6051/DI 112 267
11461		-	1 Ethylmethylthiambutene (9623).
11462		-	2 Etonitazene (9624).
11463		-	3 Etoxeridine (9625).
11464		-	4 Fentanyl related substances.
11465		-	5 Furanyl fentanyl (N-(1-phenethylpiperidin- 4-yl)- N-phenylfuran-
11466		-	6 2-carboxamide) (9834).
11467		-	7 3-Furanyl fentanyl (N-(1-phenethylpiperidin- 4-yl)-
11468		-	8 N-phenylfuran- 3- carboxamide) (9860).
11469		-	9 Furethidine (9626).
11470		-	10 Hydroxypethidine (9627).
11471		-	11 Isobutyryl fentanyl. Other name:
11472		-	12 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide.
11473		-	13 Isotonitazene. Other name: N,N-diethyl-2-
11474		-	14 (2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-
11475		-	15 1-yl)ethan-1-amine).
11476		-	16 Isovaleryl fentanyl (3-methyl- N-(1-phenethylpiperidin-4-yl)- N-
11477		-	17 phenylbutanamide) (9862).
11478		-	18 Ketobemidone (9628).
11479		-	19 Levomoramide (9629).
11480		-	20 Levophenacylmorphan (9631).
11481		-	21 Meta-Fluorofentanyl (N-(3- fluorophenyl)- N-
11482		-	22 (1-phenethylpiperidin-4-yl) propionamide) (9857).
11483		-	23 Meta-Fluoroisobutyryl fentanyl (N-(3-fluorophenyl)- N-
11484		-	24 (1-phenethylpiperidin-4-yl) isobutyramide) (9858).
11485		-	25 Methoxyacetyl fentanyl. Other name:
11486		-	26 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide
11487		-	27 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
11488		-	28 piperidyl]-N-phenyl-propanimide](9813).
11489		-	29 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
11490		-	30 piperidinyl]-N-phenylpropanamide) (9833).
11491		-	31 M etonitazene
11492		-	32 (N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol
11493		-	33 -1-yl)ethan-1-amine) (9757).
11494		-	34 MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961).
11495		-	35 Morpheridine (9632).
11496		-	36 N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
11497		-	37 including any isomers, salts, or salts of isomers (9818).
11498		-	38 N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] 25 piperidin-4-yl]-
11499		-	39 N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-
11500		-	40 (2-thienyl)ethyl] -4- piperidinyl]- N-phenylpropanamide,
11501		-	41 (beta-hydroxythiofentanyl).
11502		-	42 N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide
11503		-	ES 80—LS 6051/DI 112 268
11504		-	1 (para-chloroisobutyryl fentanyl).
11505		-	2 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
11506		-	3 acetamide (ocfentanil).
11507		-	4 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide
11508		-	5 (para-fluorobutyryl fentanyl).
11509		-	6 N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known
11510		-	7 as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl
11511		-	8 fentanyl).
11512		-	9 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
11513		-	10 fentanyl).
11514		-	11 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide
11515		-	12 (para-methoxybutyryl fentanyl).
11516		-	13 N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
11517		-	14 (thenylfentanyl), including any isomers, salts, or salts of isomers
11518		-	15 (9834).
11519		-	16 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl
11520		-	17 fentanyl).
11521		-	18 N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide
11522		-	19 (cyclopentyl fentanyl).
11523		-	20 Noracymethadol (9633).
11524		-	21 Norlevorphanol (9634).
11525		-	22 Normethadone (9635).
11526		-	23 Norpipanone (9636).
11527		-	24 Ocfentanil. Other name:
11528		-	25 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
11529		-	26 acetamide.
11530		-	27 Ortho-fluorofentanyl or 2-fluorofentanyl. Other name:
11531		-	28 N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide.
11532		-	29 Ortho-Fluorofuranyl fentanyl (N-(2-fluorophenyl)- N-
11533		-	30 (1-phenethylpiperidin-4-yl)furan-2-carboxamide) (9863).
11534		-	31 Para-chloroisobutyryl fentanyl. Other name:
11535		-	32 N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide.
11536		-	33 Para-fluorobutyryl fentanyl. Other name:
11537		-	34 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide.
11538		-	35 Para-fluorofentanyl (N-(4-fluorophenyl)-N-
11539		-	36 [1-(2-phenethyl)-4-piperidinyl] propanamide (9812).
11540		-	37 Para-methoxybutyryl fentanyl. Other name:
11541		-	38 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide.
11542		-	39 Para-Methoxyfuranyl fentanyl (N-(4-methoxyphenyl)- N-
11543		-	40 (1-phenethylpiperidin-4-yl) furan-2-carboxamide (9859).
11544		-	41 Para-Methylcyclopropyl fentanyl (N-(4-methylphenyl)- N-
11545		-	42 (1-phenethylpiperidin- 4-yl)cyclopropanecarboxamide) (9865).
11546		-	ES 80—LS 6051/DI 112 269
11547		-	1 Phenadoxone (9637).
11548		-	2 Phenampromide (9638).
11549		-	3 Phenomorphan (9647).
11550		-	4 Phenoperidine (9641).
11551		-	5 PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663).
11552		-	6 Piritramide (9642).
11553		-	7 Proheptazine (9643).
11554		-	8 Properidine (9644).
11555		-	9 Propiram (9649).
11556		-	10 Racemoramide (9645).
11557		-	11 Tetrahydrofuranyl fentanyl. Other name:
11558		-	12 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb
11559		-	13 oxamide.
11560		-	14 Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
11561		-	15 piperidinyl]-propanamide) (9835).
11562		-	16 Tianeptine (7-[(3-chloro-6-methyl-5,5-dioxo-11H-benzo[c]
11563		-	17 [2,1]benzothiazepin-11-yl)amino]heptanoic acid).
11564		-	18 Tilidine (9750).
11565		-	19 Trimeperidine (9646).
11566		-	20 U47700 (3,4-dichloro- N- [2-dimethylamino)cyclohexyl]-
11567		-	21 N-methyl- benzamide).
11568		-	22 Valeryl fentanyl. Other name:
11569		-	23 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide.
11570		-	24 Zipeprol (1-methoxy-3- [4-(2-methoxy-2-phenylethyl) piperazin-
11571		-	25 1-yl]- 1- phenylpropan- 2-ol) (9873).
11572		-	26 (c) Opium derivatives. Any of the following opium derivatives, their
11573		-	27 salts, isomers, and salts of isomers, unless specifically excepted by rule
11574		-	28 of the board or unless listed in another schedule, whenever the
11575		-	29 existence of these salts, isomers, and salts of isomers is possible within
11576		-	30 the specific chemical designation:
11577		-	31 Acetorphine (9319).
11578		-	32 Acetyldihydrocodeine (9051).
11579		-	33 Benzylmorphine (9052).
11580		-	34 Codeine methylbromide (9070).
11581		-	35 Codeine-N-Oxide (9053).
11582		-	36 Cyprenorphine (9054).
11583		-	37 Desomorphine (9055).
11584		-	38 Dihydromorphine (9145).
11585		-	39 Drotebanol (9335).
11586		-	40 Etorphine (except hydrochloride salt) (9056).
11587		-	41 Heroin (9200).
11588		-	42 Hydromorphinol (9301).
11589		-	ES 80—LS 6051/DI 112 270
11590		-	1 Methyldesorphine (9302).
11591		-	2 Methyldihydromorphine (9304).
11592		-	3 Morphine methylbromide (9305).
11593		-	4 Morphine methylsulfonate (9306).
11594		-	5 Morphine-N-Oxide (9307).
11595		-	6 Myrophine (9308).
11596		-	7 Nicocodeine (9309).
11597		-	8 Nicomorphine (9312).
11598		-	9 Normorphine (9313).
11599		-	10 Pholcodine (9314).
11600		-	11 Thebacon (9315).
11601		-	12 (d) Hallucinogenic substances. Unless specifically excepted or
11602		-	13 unless listed in another schedule, any material, compound, mixture, or
11603		-	14 preparation which contains any quantity of the following
11604		-	15 hallucinogenic, psychedelic, or psychogenic substances, their salts,
11605		-	16 isomers, and salts of isomers whenever the existence of these salts,
11606		-	17 isomers, and salts of isomers is possible within the specific chemical
11607		-	18 designation (for purposes of this subsection only, the term "isomer"
11608		-	19 includes the optical, position, and geometric isomers):
11609		-	20 (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
11610		-	21 TCPy.
11611		-	22 (2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or
11612		-	23 other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine;
11613		-	24 4-Bromo-2, 5-DMA.
11614		-	25 (3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade
11615		-	26 or other names:
11616		-	27 2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
11617		-	28 alpha-desmethyl DOB; 2C-B, Nexus.
11618		-	29 (4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
11619		-	30 DOET.
11620		-	31 (5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
11621		-	32 Other name: 2C-T-7.
11622		-	33 (6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
11623		-	34 names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
11624		-	35 (7) 4-Methoxyamphetamine (7411). Some trade or other names:
11625		-	36 4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine;
11626		-	37 PMA.
11627		-	38 (8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other
11628		-	39 Name: MMDA.
11629		-	40 (9) 5-Methoxy-N, N-diisopropyltryptamine, including any
11630		-	41 isomers, salts, or salts of isomers (7439). Other name:
11631		-	42 5-MeO-DIPT.
11632		-	ES 80—LS 6051/DI 112 271
11633		-	1 (10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
11634		-	2 and other names: 4-methyl-2,
11635		-	3 5-dimethoxy-a-methylphenethylamine; DOM; and STP.
11636		-	4 (11) 3, 4-methylenedioxy amphetamine (7400). Other name:
11637		-	5 MDA.
11638		-	6 (12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
11639		-	7 names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
11640		-	8 phenethylamine; N-ethyl MDA; MDE; and MDEA.
11641		-	9 (13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
11642		-	10 (14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.
11643		-	11 (15) Alpha-ethyltryptamine (7249). Some trade and other names:
11644		-	12 Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine;
11645		-	13 3-(2-aminobutyl) indole; [alpha]-ET; and AET.
11646		-	14 (16) Alpha-methyltryptamine (7432). Other name: AMT.
11647		-	15 (17) Bufotenine (7433). Some trade and other names:
11648		-	16 3-(B-Dimethylaminoethyl)-5-hydroxyindole;
11649		-	17 3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
11650		-	18 5-hydroxy-N, N-dimethyltryptamine; mappine.
11651		-	19 (18) Diethyltryptamine (7434). Some trade or other names: N,
11652		-	20 N-Diethyltryptamine; DET.
11653		-	21 (19) Dimethyltryptamine (7435). Some trade or other names:
11654		-	22 DMT.
11655		-	23 (20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b,
11656		-	24 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido
11657		-	25 (1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.
11658		-	26 (21) Lysergic acid diethylamide (7315). Other name: LSD.
11659		-	27 (22) Marijuana (7360).
11660		-	28 (23) Mescaline (7381).
11661		-	29 (24) Methoxetamine[2-(ethylamino)-2-(3-methoxyphenyl)
11662		-	30 cyclohexan-1-one or 2-(3-methoxyphenyl)-2-(ethylamino)-
11663		-	31 cyclohexanone].
11664		-	32 (25) Parahexyl (7374). Some trade or other names:
11665		-	33 3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
11666		-	34 9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
11667		-	35 (26) Peyote (7415), including:
11668		-	36 (A) all parts of the plant that are classified botanically as
11669		-	37 lophophora williamsii lemaire, whether growing or not;
11670		-	38 (B) the seeds thereof;
11671		-	39 (C) any extract from any part of the plant; and
11672		-	40 (D) every compound, manufacture, salt, derivative, mixture, or
11673		-	41 preparation of the plant, its seeds, or extracts.
11674		-	42 (27) N-ethyl-3-piperidyl benzilate (7482). Other name: DMZ.
11675		-	ES 80—LS 6051/DI 112 272
11676		-	1 (28) N-hydroxy-3,4-methylenedioxyamphetamine (7402). Other
11677		-	2 names: N-hydroxy-alpha-methyl-3,4
11678		-	3 (methylenedioxy)phenethylamine; and N-hydroxy MDA.
11679		-	4 (29) N-methyl-3-piperidyl benzilate (7484). Other name: LBJ.
11680		-	5 (30) Psilocybin (7437).
11681		-	6 (31) Psilocyn (7438).
11682		-	7 (32) Tetrahydrocannabinols (7370), including synthetic
11683		-	8 equivalents of the substances contained in the plant, or in the
11684		-	9 resinous extractives of Cannabis, sp. and synthetic substances,
11685		-	10 derivatives, and their isomers with similar chemical structure and
11686		-	11 pharmacological activity such as:
11687		-	12 (A) ð
	11234	+	40 Sec. 25. "Immediate precursor" means a substance which the
	11235	+	41 board has found to be and by rule designates as being the principal
	11236	+	42 compound commonly used or produced primarily for use, and
	11237	+	SB 80—LS 6051/DI 112 262
	11238	+	1 which is an immediate chemical intermediate used or likely to be
	11239	+	2 used in the manufacture of a controlled substance, the control of
	11240	+	3 which is necessary to prevent, curtail, or limit manufacture.
	11241	+	4 Sec. 26. (a) Except as provided in subsections (b) and (c),
	11242	+	5 "isomer" means an optical isomer.
	11243	+	6 (b) "Isomer", as used in IC 35-48-2-4(d), means an optical,
	11244	+	7 positional, or geometric isomer.
	11245	+	8 (c) "Isomer", as used in section 6 of this chapter, means an
	11246	+	9 optical or geometric isomer.
	11247	+	10 Sec. 27. (a) "Low THC hemp extract" means a substance or
	11248	+	11 compound that:
	11249	+	12 (1) is derived from or contains any part of the plant Cannabis
	11250	+	13 sativa L. that meets the definition of hemp under
	11251	+	14 IC 15-15-13-6;
	11252	+	15 (2) contains not more than three-tenths percent (0.3%) total
	11253	+	16 delta-9-tetrahydrocannabinol (THC), including precursors, by
	11254	+	17 weight; and
	11255	+	18 (3) contains no other controlled substances.
	11256	+	19 (b) The term does not include:
	11257	+	20 (1) the harvested reproductive organ, whether immature or
	11258	+	21 mature, of the female hemp plant; or
	11259	+	22 (2) smokable hemp.
	11260	+	23 Sec. 28. "Manufacture" means the following:
	11261	+	24 (1) For offenses not involving marijuana, hashish, or hash oil:
	11262	+	25 (A) the production, preparation, propagation,
	11263	+	26 compounding, conversion, or processing of a controlled
	11264	+	27 substance, either directly or indirectly by extraction from
	11265	+	28 substances of natural origin, independently by means of
	11266	+	29 chemical synthesis, or by a combination of extraction and
	11267	+	30 chemical synthesis, and includes any packaging or
	11268	+	31 repackaging of the substance or labeling or relabeling of its
	11269	+	32 container. It does not include the preparation,
	11270	+	33 compounding, packaging, or labeling of a controlled
	11271	+	34 substance:
	11272	+	35 (i) by a practitioner as an incident to administering or
	11273	+	36 dispensing of a controlled substance in the course of a
	11274	+	37 professional practice; or
	11275	+	38 (ii) by a practitioner, or by the practitioner's authorized
	11276	+	39 agent under the practitioner's supervision, for the
	11277	+	40 purpose of, or as an incident to, research, teaching, or
	11278	+	41 chemical analysis and not for sale; or
	11279	+	42 (B) the organizing or supervising of an activity described
	11280	+	SB 80—LS 6051/DI 112 263
	11281	+	1 in clause (A).
	11282	+	2 (2) For offenses involving marijuana, hashish, or hash oil:
	11283	+	3 (A) the preparation, compounding, conversion, or
	11284	+	4 processing of marijuana, hashish, or hash oil, either
	11285	+	5 directly or indirectly by extraction from substances of
	11286	+	6 natural origin, independently by means of chemical
	11287	+	7 synthesis, or by a combination of extraction and chemical
	11288	+	8 synthesis, and includes any packaging or repackaging of
	11289	+	9 the marijuana, hashish, or hash oil, or labeling or
	11290	+	10 relabeling of its container. It does not include planting,
	11291	+	11 growing, cultivating, or harvesting a plant, or the
	11292	+	12 preparation, compounding, packaging, or labeling of
	11293	+	13 marijuana, hashish, or hash oil:
	11294	+	14 (i) by a practitioner as an incident to lawfully
	11295	+	15 administering or dispensing of marijuana, hashish, or
	11296	+	16 hash oil in the course of a professional practice; or
	11297	+	17 (ii) by a practitioner, or by the practitioner's authorized
	11298	+	18 agent under the practitioner's supervision, for the
	11299	+	19 purpose of, or as an incident to, research, teaching, or
	11300	+	20 chemical analysis and not for sale; or
	11301	+	21 (B) the organizing or supervising of an activity described
	11302	+	22 in clause (A).
	11303	+	23 Sec. 29. (a) "Marijuana" means any part of the plant genus
	11304	+	24 Cannabis whether growing or not; the seeds thereof; the resin
	11305	+	25 extracted from any part of the plant, including hashish and hash
	11306	+	26 oil; any compound, manufacture, salt, derivative, mixture, or
	11307	+	27 preparation of the plant, its seeds or resin.
	11308	+	28 (b) The term does not include:
	11309	+	29 (1) the mature stalks of the plant;
	11310	+	30 (2) fiber produced from the stalks;
	11311	+	31 (3) oil or cake made from the seeds of the plant;
	11312	+	32 (4) any other compound, manufacture, salt, derivative,
	11313	+	33 mixture, or preparation of the mature stalks (except the resin
	11314	+	34 extracted therefrom);
	11315	+	35 (5) the sterilized seed of the plant which is incapable of
	11316	+	36 germination;
	11317	+	37 (6) hemp (as defined by IC 15-15-13-6);
	11318	+	38 (7) low THC hemp extract; or
	11319	+	39 (8) smokable hemp.
	11320	+	40 Sec. 30. "Narcotic drug" means any of the following, whether
	11321	+	41 produced directly or indirectly by extraction from substances of
	11322	+	42 vegetable origin, independently by means of chemical synthesis, or
	11323	+	SB 80—LS 6051/DI 112 264
	11324	+	1 by a combination of extraction and chemical synthesis:
	11325	+	2 (1) Opium, opiates, derivatives of opium and opiates,
	11326	+	3 including their isomers, esters, ethers, salts, and salts of
	11327	+	4 isomers, esters, and ethers, whenever the existence of these
	11328	+	5 isomers, esters, ethers, and salts is possible within the specific
	11329	+	6 chemical designation. The term does not include the
	11330	+	7 isoquinoline alkaloids of opium.
	11331	+	8 (2) Opium poppy and poppy straw.
	11332	+	9 (3) Any compound, mixture, or preparation which contains
	11333	+	10 any quantity of any of the substances referred to in this
	11334	+	11 section.
	11335	+	12 Sec. 31. "Opiate" or "opioid" means a drug or other substance
	11336	+	13 having an addiction-forming or addiction-sustaining liability
	11337	+	14 similar to morphine or being capable of conversion into a drug
	11338	+	15 having addiction-forming or addiction-sustaining liability. It does
	11339	+	16 not include, unless specifically designated as controlled under
	11340	+	17 IC 35-48-2, the dextrorotatory isomer of
	11341	+	18 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
	11342	+	19 It does include its racemic and levorotatory forms.
	11343	+	20 Sec. 32. "Opium poppy" means the plant of the species Papaver
	11344	+	21 somniferum L., except its seeds.
	11345	+	22 Sec. 33. "Poppy straw" means any part, except the seeds, of the
	11346	+	23 opium poppy, after mowing.
	11347	+	24 Sec. 34. "Practitioner" means a physician, dentist, veterinarian,
	11348	+	25 scientific investigator, pharmacy, hospital, or other institution or
	11349	+	26 individual licensed, registered, or otherwise permitted to
	11350	+	27 distribute, dispense, conduct research with respect to, or
	11351	+	28 administer a controlled substance in the course of professional
	11352	+	29 practice or research in Indiana.
	11353	+	30 Sec. 35. "Prescription drug" means a controlled substance or a
	11354	+	31 legend drug (as defined in IC 16-18-2-199).
	11355	+	32 Sec. 36. "Production" includes the manufacture, planting,
	11356	+	33 cultivation, growing, or harvesting of a controlled substance.
	11357	+	34 Sec. 37. "Sale to a minor" means delivery or financing the
	11358	+	35 delivery of a drug to a person less than eighteen (18) years of age
	11359	+	36 and at least three (3) years junior to the person making the
	11360	+	37 delivery or financing.
	11361	+	38 Sec. 38. (a) Except as provided in subsection (b), "smokable
	11362	+	39 hemp" means a product containing not more than three-tenths
	11363	+	40 percent (0.3%) delta-9-tetrahydrocannabinol (THC), including
	11364	+	41 precursors and derivatives of THC, in a form that allows THC to
	11365	+	42 be introduced into the human body by inhalation of smoke. The
	11366	+	SB 80—LS 6051/DI 112 265
	11367	+	1 term includes:
	11368	+	2 (1) hemp bud; and
	11369	+	3 (2) hemp flower.
	11370	+	4 (b) The term does not include:
	11371	+	5 (1) a hemp plant that is; or
	11372	+	6 (2) parts of a hemp plant that are;
	11373	+	7 grown or handled by a licensee for processing or manufacturing
	11374	+	8 into a legal hemp product.
	11375	+	9 Sec. 39. "Ultimate user" means a person who lawfully possesses
	11376	+	10 a controlled substance for the person's own use, for the use of a
	11377	+	11 member of the person's household, or for administering to an
	11378	+	12 animal owned by the person or by a member of the person's
	11379	+	13 household.
	11380	+	14 SECTION 250. IC 35-48-2-4, AS AMENDED BY P.L.84-2024,
	11381	+	15 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	11382	+	16 JULY 1, 2025]: Sec. 4. (a) The controlled substances listed in this
	11383	+	17 section are included in schedule I.
	11384	+	18 (b) Opiates. Any of the following opiates, including their isomers,
	11385	+	19 esters, ethers, salts, and salts of isomers, esters, and ethers, unless
	11386	+	20 specifically excepted by rule of the board or unless listed in another
	11387	+	21 schedule, whenever the existence of these isomers, esters, ethers, and
	11388	+	22 salts is possible within the specific chemical designation:
	11389	+	23 4-fluoroisobutyryl fentanyl.
	11390	+	24 Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
	11391	+	25 piperidinyl]-N-phenylacetamide) (9815).
	11392	+	26 Acetyl fentanyl (Other names include:
	11393	+	27 N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide).
	11394	+	28 Acetylmethadol (9601).
	11395	+	29 Acrylfentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-
	11396	+	30 N-phenylacrylamide.
	11397	+	31 Allylprodine (9602).
	11398	+	32 Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
	11399	+	33 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832).
	11400	+	34 Alphacetylmethadol (9603).
	11401	+	35 Alphameprodine (9604).
	11402	+	36 Alphamethadol (9605).
	11403	+	37 Alpha'-Methyl butyryl fentanyl (2-methyl-N-(1-
	11404	+	38 phenethylpiperidin- 4-yl)-N-phenylbutanamide) (9864).
	11405	+	39 Alphamethylfentanyl (9814).
	11406	+	40 Benzethidine (9606).
	11407	+	41 Beta-hydroxy-3-methylfentanyl (9831). Other name:
	11408	+	42 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
	11409	+	SB 80—LS 6051/DI 112 266
	11410	+	1 ]-N-phenylpropanamide.
	11411	+	2 Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
	11412	+	3 phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830).
	11413	+	4 Betacetylmethadol (9607).
	11414	+	5 Betameprodine (9608).
	11415	+	6 Betamethadol (9609).
	11416	+	7 Betaprodine (9611).
	11417	+	8 Brorphine(9098). Other name:
	11418	+	9 1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2
	11419	+	10 H-benzo[d]imidazol-2-one.
	11420	+	11 2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1yl)-N,N-dieth
	11421	+	12 ylethan-1-amine (butonitazene); other name: butoxynitazene.
	11422	+	13 Clonitazene (9612).
	11423	+	14 Cyclopentyl fentanyl. Other name:
	11424	+	15 N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxami
	11425	+	16 de.
	11426	+	17 Dextromoramide (9613).
	11427	+	18 Diampromide (9615).
	11428	+	19 Diethylthiambutene (9616).
	11429	+	20 N,N-diethyl-2-(2-(4-flourobenzyl)-5-nitro-1H-benzimidazol-1-y
	11430	+	21 l)ethan-1-amine (flunitazene).
	11431	+	22 N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)eth
	11432	+	23 an-1-amine (metodesnitazene).
	11433	+	24 N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-
	11434	+	25 1-yl)ethan-1-amine (metonitazene).
	11435	+	26 N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-
	11436	+	27 1-yl)ethan-1-amine (protonitazene); other name: pronitazene.
	11437	+	28 Difenoxin (9168).
	11438	+	29 Dimenoxadol (9617).
	11439	+	30 Dimepheptanol (9618).
	11440	+	31 2',5'-Dimethoxyfentanyl (N-(1- (2,5-dimethoxyphenethyl)
	11441	+	32 piperidin-4-yl)- N-phenylpropionamide) (9861).
	11442	+	33 Dimethylthiambutene (9619).
	11443	+	34 Dioxaphetyl butyrate (9621).
	11444	+	35 Dipipanone (9622).
	11445	+	36 2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1yl)-N,N-diethylethan-
	11446	+	37 1-amine (etodesnitazene; etazene).
	11447	+	38 2-(4-ethnoxybenzyl)5-nitro-1(2-(pyrorolidin-1-yl)ethyl)-1H-ben
	11448	+	39 zimidazol (N-pyrrolidino etonizatene; etonitazepyne).
	11449	+	40 Ethylmethylthiambutene (9623).
	11450	+	41 Etonitazene (9624).
	11451	+	42 Etoxeridine (9625).
	11452	+	SB 80—LS 6051/DI 112 267
	11453	+	1 Fentanyl related substances.
	11454	+	2 Furanyl fentanyl (N-(1-phenethylpiperidin- 4-yl)- N-phenylfuran-
	11455	+	3 2-carboxamide) (9834).
	11456	+	4 3-Furanyl fentanyl (N-(1-phenethylpiperidin- 4-yl)-
	11457	+	5 N-phenylfuran- 3- carboxamide) (9860).
	11458	+	6 Furethidine (9626).
	11459	+	7 Hydroxypethidine (9627).
	11460	+	8 Isobutyryl fentanyl. Other name:
	11461	+	9 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide.
	11462	+	10 Isotonitazene. Other name: N,N-diethyl-2-
	11463	+	11 (2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-
	11464	+	12 1-yl)ethan-1-amine).
	11465	+	13 Isovaleryl fentanyl (3-methyl- N-(1-phenethylpiperidin-4-yl)- N-
	11466	+	14 phenylbutanamide) (9862).
	11467	+	15 Ketobemidone (9628).
	11468	+	16 Levomoramide (9629).
	11469	+	17 Levophenacylmorphan (9631).
	11470	+	18 Meta-Fluorofentanyl (N-(3- fluorophenyl)- N-
	11471	+	19 (1-phenethylpiperidin-4-yl) propionamide) (9857).
	11472	+	20 Meta-Fluoroisobutyryl fentanyl (N-(3-fluorophenyl)- N-
	11473	+	21 (1-phenethylpiperidin-4-yl) isobutyramide) (9858).
	11474	+	22 Methoxyacetyl fentanyl. Other name:
	11475	+	23 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide
	11476	+	24 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
	11477	+	25 piperidyl]-N-phenyl-propanimide](9813).
	11478	+	26 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
	11479	+	27 piperidinyl]-N-phenylpropanamide) (9833).
	11480	+	28 M etonitazene
	11481	+	29 (N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol
	11482	+	30 -1-yl)ethan-1-amine) (9757).
	11483	+	31 MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961).
	11484	+	32 Morpheridine (9632).
	11485	+	33 N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
	11486	+	34 including any isomers, salts, or salts of isomers (9818).
	11487	+	35 N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] 25 piperidin-4-yl]-
	11488	+	36 N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-
	11489	+	37 (2-thienyl)ethyl] -4- piperidinyl]- N-phenylpropanamide,
	11490	+	38 (beta-hydroxythiofentanyl).
	11491	+	39 N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide
	11492	+	40 (para-chloroisobutyryl fentanyl).
	11493	+	41 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
	11494	+	42 acetamide (ocfentanil).
	11495	+	SB 80—LS 6051/DI 112 268
	11496	+	1 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide
	11497	+	2 (para-fluorobutyryl fentanyl).
	11498	+	3 N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known
	11499	+	4 as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl
	11500	+	5 fentanyl).
	11501	+	6 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
	11502	+	7 fentanyl).
	11503	+	8 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide
	11504	+	9 (para-methoxybutyryl fentanyl).
	11505	+	10 N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
	11506	+	11 (thenylfentanyl), including any isomers, salts, or salts of isomers
	11507	+	12 (9834).
	11508	+	13 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl
	11509	+	14 fentanyl).
	11510	+	15 N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide
	11511	+	16 (cyclopentyl fentanyl).
	11512	+	17 Noracymethadol (9633).
	11513	+	18 Norlevorphanol (9634).
	11514	+	19 Normethadone (9635).
	11515	+	20 Norpipanone (9636).
	11516	+	21 Ocfentanil. Other name:
	11517	+	22 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
	11518	+	23 acetamide.
	11519	+	24 Ortho-fluorofentanyl or 2-fluorofentanyl. Other name:
	11520	+	25 N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide.
	11521	+	26 Ortho-Fluorofuranyl fentanyl (N-(2-fluorophenyl)- N-
	11522	+	27 (1-phenethylpiperidin-4-yl)furan-2-carboxamide) (9863).
	11523	+	28 Para-chloroisobutyryl fentanyl. Other name:
	11524	+	29 N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide.
	11525	+	30 Para-fluorobutyryl fentanyl. Other name:
	11526	+	31 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide.
	11527	+	32 Para-fluorofentanyl (N-(4-fluorophenyl)-N-
	11528	+	33 [1-(2-phenethyl)-4-piperidinyl] propanamide (9812).
	11529	+	34 Para-methoxybutyryl fentanyl. Other name:
	11530	+	35 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide.
	11531	+	36 Para-Methoxyfuranyl fentanyl (N-(4-methoxyphenyl)- N-
	11532	+	37 (1-phenethylpiperidin-4-yl) furan-2-carboxamide (9859).
	11533	+	38 Para-Methylcyclopropyl fentanyl (N-(4-methylphenyl)- N-
	11534	+	39 (1-phenethylpiperidin- 4-yl)cyclopropanecarboxamide) (9865).
	11535	+	40 Phenadoxone (9637).
	11536	+	41 Phenampromide (9638).
	11537	+	42 Phenomorphan (9647).
	11538	+	SB 80—LS 6051/DI 112 269
	11539	+	1 Phenoperidine (9641).
	11540	+	2 PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663).
	11541	+	3 Piritramide (9642).
	11542	+	4 Proheptazine (9643).
	11543	+	5 Properidine (9644).
	11544	+	6 Propiram (9649).
	11545	+	7 Racemoramide (9645).
	11546	+	8 Tetrahydrofuranyl fentanyl. Other name:
	11547	+	9 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb
	11548	+	10 oxamide.
	11549	+	11 Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
	11550	+	12 piperidinyl]-propanamide) (9835).
	11551	+	13 Tianeptine (7-[(3-chloro-6-methyl-5,5-dioxo-11H-benzo[c]
	11552	+	14 [2,1]benzothiazepin-11-yl)amino]heptanoic acid).
	11553	+	15 Tilidine (9750).
	11554	+	16 Trimeperidine (9646).
	11555	+	17 U47700 (3,4-dichloro- N- [2-dimethylamino)cyclohexyl]-
	11556	+	18 N-methyl- benzamide).
	11557	+	19 Valeryl fentanyl. Other name:
	11558	+	20 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide.
	11559	+	21 Zipeprol (1-methoxy-3- [4-(2-methoxy-2-phenylethyl) piperazin-
	11560	+	22 1-yl]- 1- phenylpropan- 2-ol) (9873).
	11561	+	23 (c) Opium derivatives. Any of the following opium derivatives, their
	11562	+	24 salts, isomers, and salts of isomers, unless specifically excepted by rule
	11563	+	25 of the board or unless listed in another schedule, whenever the
	11564	+	26 existence of these salts, isomers, and salts of isomers is possible within
	11565	+	27 the specific chemical designation:
	11566	+	28 Acetorphine (9319).
	11567	+	29 Acetyldihydrocodeine (9051).
	11568	+	30 Benzylmorphine (9052).
	11569	+	31 Codeine methylbromide (9070).
	11570	+	32 Codeine-N-Oxide (9053).
	11571	+	33 Cyprenorphine (9054).
	11572	+	34 Desomorphine (9055).
	11573	+	35 Dihydromorphine (9145).
	11574	+	36 Drotebanol (9335).
	11575	+	37 Etorphine (except hydrochloride salt) (9056).
	11576	+	38 Heroin (9200).
	11577	+	39 Hydromorphinol (9301).
	11578	+	40 Methyldesorphine (9302).
	11579	+	41 Methyldihydromorphine (9304).
	11580	+	42 Morphine methylbromide (9305).
	11581	+	SB 80—LS 6051/DI 112 270
	11582	+	1 Morphine methylsulfonate (9306).
	11583	+	2 Morphine-N-Oxide (9307).
	11584	+	3 Myrophine (9308).
	11585	+	4 Nicocodeine (9309).
	11586	+	5 Nicomorphine (9312).
	11587	+	6 Normorphine (9313).
	11588	+	7 Pholcodine (9314).
	11589	+	8 Thebacon (9315).
	11590	+	9 (d) Hallucinogenic substances. Unless specifically excepted or
	11591	+	10 unless listed in another schedule, any material, compound, mixture, or
	11592	+	11 preparation which contains any quantity of the following
	11593	+	12 hallucinogenic, psychedelic, or psychogenic substances, their salts,
	11594	+	13 isomers, and salts of isomers whenever the existence of these salts,
	11595	+	14 isomers, and salts of isomers is possible within the specific chemical
	11596	+	15 designation (for purposes of this subsection only, the term "isomer"
	11597	+	16 includes the optical, position, and geometric isomers):
	11598	+	17 (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
	11599	+	18 TCPy.
	11600	+	19 (2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or
	11601	+	20 other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine;
	11602	+	21 4-Bromo-2, 5-DMA.
	11603	+	22 (3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade
	11604	+	23 or other names:
	11605	+	24 2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
	11606	+	25 alpha-desmethyl DOB; 2C-B, Nexus.
	11607	+	26 (4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
	11608	+	27 DOET.
	11609	+	28 (5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
	11610	+	29 Other name: 2C-T-7.
	11611	+	30 (6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
	11612	+	31 names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
	11613	+	32 (7) 4-Methoxyamphetamine (7411). Some trade or other names:
	11614	+	33 4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine;
	11615	+	34 PMA.
	11616	+	35 (8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other
	11617	+	36 Name: MMDA.
	11618	+	37 (9) 5-Methoxy-N, N-diisopropyltryptamine, including any
	11619	+	38 isomers, salts, or salts of isomers (7439). Other name:
	11620	+	39 5-MeO-DIPT.
	11621	+	40 (10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
	11622	+	41 and other names: 4-methyl-2,
	11623	+	42 5-dimethoxy-a-methylphenethylamine; DOM; and STP.
	11624	+	SB 80—LS 6051/DI 112 271
	11625	+	1 (11) 3, 4-methylenedioxy amphetamine (7400). Other name:
	11626	+	2 MDA.
	11627	+	3 (12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
	11628	+	4 names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
	11629	+	5 phenethylamine; N-ethyl MDA; MDE; and MDEA.
	11630	+	6 (13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
	11631	+	7 (14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.
	11632	+	8 (15) Alpha-ethyltryptamine (7249). Some trade and other names:
	11633	+	9 Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine;
	11634	+	10 3-(2-aminobutyl) indole; [alpha]-ET; and AET.
	11635	+	11 (16) Alpha-methyltryptamine (7432). Other name: AMT.
	11636	+	12 (17) Bufotenine (7433). Some trade and other names:
	11637	+	13 3-(B-Dimethylaminoethyl)-5-hydroxyindole;
	11638	+	14 3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
	11639	+	15 5-hydroxy-N, N-dimethyltryptamine; mappine.
	11640	+	16 (18) Diethyltryptamine (7434). Some trade or other names: N,
	11641	+	17 N-Diethyltryptamine; DET.
	11642	+	18 (19) Dimethyltryptamine (7435). Some trade or other names:
	11643	+	19 DMT.
	11644	+	20 (20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b,
	11645	+	21 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido
	11646	+	22 (1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.
	11647	+	23 (21) Lysergic acid diethylamide (7315). Other name: LSD.
	11648	+	24 (22) Marijuana (7360).
	11649	+	25 (23) Mescaline (7381).
	11650	+	26 (24) Methoxetamine[2-(ethylamino)-2-(3-methoxyphenyl)
	11651	+	27 cyclohexan-1-one or 2-(3-methoxyphenyl)-2-(ethylamino)-
	11652	+	28 cyclohexanone].
	11653	+	29 (25) Parahexyl (7374). Some trade or other names:
	11654	+	30 3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
	11655	+	31 9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
	11656	+	32 (26) Peyote (7415), including:
	11657	+	33 (A) all parts of the plant that are classified botanically as
	11658	+	34 lophophora williamsii lemaire, whether growing or not;
	11659	+	35 (B) the seeds thereof;
	11660	+	36 (C) any extract from any part of the plant; and
	11661	+	37 (D) every compound, manufacture, salt, derivative, mixture, or
	11662	+	38 preparation of the plant, its seeds, or extracts.
	11663	+	39 (27) N-ethyl-3-piperidyl benzilate (7482). Other name: DMZ.
	11664	+	40 (28) N-hydroxy-3,4-methylenedioxyamphetamine (7402). Other
	11665	+	41 names: N-hydroxy-alpha-methyl-3,4
	11666	+	42 (methylenedioxy)phenethylamine; and N-hydroxy MDA.
	11667	+	SB 80—LS 6051/DI 112 272
	11668	+	1 (29) N-methyl-3-piperidyl benzilate (7484). Other name: LBJ.
	11669	+	2 (30) Psilocybin (7437).
	11670	+	3 (31) Psilocyn (7438).
	11671	+	4 (32) Tetrahydrocannabinols (7370), including synthetic
	11672	+	5 equivalents of the substances contained in the plant, or in the
	11673	+	6 resinous extractives of Cannabis, sp. and synthetic substances,
	11674	+	7 derivatives, and their isomers with similar chemical structure and
	11675	+	8 pharmacological activity such as:
	11676	+	9 (A) ð
11688	11677		1
11689	11678		cis or trans tetrahydrocannabinol, and their optical
11690		-	13 isomers;
11691		-	14 (B) ð
	11679	+	10 isomers;
	11680	+	11 (B) ð
11692	11681		6
11693	11682		cis or trans tetrahydrocannabinol, and their optical
11694		-	15 isomers; and
11695		-	16 (C) ð
	11683	+	12 isomers; and
	11684	+	13 (C) ð
11696	11685		3,
11697	11686		4 cis or trans tetrahydrocannabinol, and their optical
11698		-	17 isomers.
11699		-	18 Since nomenclature of these substances is not internationally
11700		-	19 standardized, compounds of these structures, regardless of
11701		-	20 numerical designation of atomic positions are covered. Other
11702		-	21 name: THC.
11703		-	22 (33) Ethylamine analog of phencyclidine (7455). Some trade or
11704		-	23 other names: N-Ethyl-1-phenylcyclohexylamine;
11705		-	24 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
11706		-	25 ethylamine; cyclohexamine; PCE.
11707		-	26 (34) Pyrrolidine analog of phencyclidine (7458). Some trade or
11708		-	27 other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP
	11687	+	14 isomers.
	11688	+	15 Since nomenclature of these substances is not internationally
	11689	+	16 standardized, compounds of these structures, regardless of
	11690	+	17 numerical designation of atomic positions are covered. Other
	11691	+	18 name: THC.
	11692	+	19 (33) Ethylamine analog of phencyclidine (7455). Some trade or
	11693	+	20 other names: N-Ethyl-1-phenylcyclohexylamine;
	11694	+	21 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
	11695	+	22 ethylamine; cyclohexamine; PCE.
	11696	+	23 (34) Pyrrolidine analog of phencyclidine (7458). Some trade or
	11697	+	24 other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP
11709	11698		y; PHP.
11710		-	28 (35) Thiophene analog of phencyclidine (7470). Some trade or
11711		-	29 other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
11712		-	30 Analog of Phencyclidine; TPCP.
11713		-	31 (36) Salvia divinorum or salvinorin A, including:
11714		-	32 (A) all parts of the plant that are classified botanically as salvia
11715		-	33 divinorum, whether growing or not;
11716		-	34 (B) the seeds of the plant;
11717		-	35 (C) any extract from any part of the plant; and
11718		-	36 (D) every compound, manufacture, salt, derivative, mixture, or
11719		-	37 preparation of the plant, its seeds, or extracts.
11720		-	38 (37) 5-Methoxy-N,N-Dimethyltryptamine. Some trade or other
11721		-	39 names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole;
11722		-	40 5-MeO-DMT.
11723		-	41 (38) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
11724		-	42 (39) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
11725		-	~~ES 80—LS 6051/DI 112 273~~
11726		-	1 (40) 2-(4-~~Chloro~~-2,5-dimethoxyphenyl) ethanamine (2C-C).
11727		-	2 (41) 2-(4-~~Iodo~~-2,5-dimethoxyphenyl) ethanamine (2C-I).
11728		-	~~3 (42) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] ethanamine (2C-T-2).~~
11729		-	4 (43) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl] ethanamine
11730		-	5 (2C-T-4).
11731		-	6 (44) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).
11732		-	7 (45) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).
11733		-	8 (46) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine (2C-P).
11734		-	9 (47) Deschloroketamine (2-Phenyl-2-
11735		-	10 (methylamino)cyclohexanone).
11736		-	11 (48) 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-
11737		-	12 ethyltryptamine).
11738		-	13 (49) N-methyltryptamine (1H-Indole-3-ethanamine, N-methyl-).
11739		-	14 (50) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)butan-1-one (other
11740		-	15 names: eutylone; bk-EBDB (7549)).
11741		-	16 (51) N-(1-amino- 3,3-dimethyl-1- oxobutan-2-yl)-
11742		-	17 1-butyl-1H-indazole-3- carboxamide (other name:
11743		-	18 ADB–BUTINACA) (7027).
11744		-	19 (52) 4-methyl-1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one (other
11745		-	20 names: á-PiHP; alpha-PiHP) (7551).
11746		-	21 (53) 2-(methylamino)-1-(3-methylphenyl)propan-1-one (other
11747		-	22 names: 3–MMC; 3-methylmethcathinone) (1259).
11748		-	23 (e) Depressants. Unless specifically excepted in a rule adopted by
11749		-	24 the board or unless listed in another schedule, any material, compound,
11750		-	25 mixture, or preparation which contains any quantity of the following
11751		-	26 substances having a depressant effect on the central nervous system,
11752		-	27 including its salts, isomers, and salts of isomers whenever the existence
11753		-	28 of such salts, isomers, and salts of isomers is possible within the
11754		-	29 specific chemical designation:
11755		-	30 Etizolam (4-(2- chlorophenyl)-2- ethyl-9- methyl- 6H-
11756		-	31 thieno[3,2-f] [1,2,4] triazolo[4,3-a] [1,4diazepine) (other names
11757		-	32 include: Etilaam, Etizest, Depas, Etizola, Sedekopan, and
11758		-	33 Pasaden).
11759		-	34 Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-
11760		-	35 4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine).
11761		-	36 Gamma-hydroxybutyric acid (other names include GHB;
11762		-	37 gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
11763		-	38 oxybate; sodium oxybutyrate) (2010).
11764		-	39 Mecloqualone (2572).
11765		-	40 Methaqualone (2565).
11766		-	41 (f) Stimulants. Unless specifically excepted or unless listed in
11767		-	42 another schedule, any material, compound, mixture, or preparation that
11768		-	~~ES 80—LS 6051/DI 112 274~~
11769		-	~~1 contains any quantity of~~ the ~~following substances having a stimulant~~
11770		-	~~2 effect on the central nervous system, including its~~ salts, isomers~~, and~~
11771		-	~~3 salts of isomers:~~
11772		-	4 ([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
11773		-	5 dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590).
11774		-	6 Amineptine (7-[(10,11-dihydro-5H- dibenzo[a,d]cyclohepten- 5-
11775		-	7 yl)amino] heptanoic acid) (1219).
11776		-	8 Aminorex (1585). Other names: aminoxaphen;
11777		-	9 2-amino-5-phenyl-2-oxazoline; or
11778		-	10 4,5-dihydro-5-phenyl-2-oxazolamine.
11779		-	11 4,4'-Dimethylaminorex (4,4'-DMAR; 4,5-dihydro- 4-methyl-5-(4-
11780		-	12 methylphenyl)- 2- oxazolamine; 4-methyl-5- (4-methylphenyl)-
11781		-	13 4,5-dihydro-1,3-oxazol- 2-amine).
11782		-	14 Benzylone, 1-(1,3-benzodioxol-5-yl)-2-(benzylamino)propan
11783		-	15 -1-one. Synonyms: BMDP, N-benzyl methylone,
11784		-	16 3,4-Methylenedioxy-Nbenzylcathinone,
11785		-	17 N-benzyl-3,4-methylenedioxycathinone.
11786		-	18 Cathinone (1235). Some trade or other names:
11787		-	19 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
11788		-	20 2-aminopropiophenone; and norephedrone.
11789		-	21 Fenethylline (1503).
11790		-	22 N-Benzylpiperazine (7493). Other names: BZP; and
11791		-	23 1-benzylpiperazine.
11792		-	24 N-ethylamphetamine (1475).
11793		-	25 Mesocarb (N-phenyl-N-(3-(1-
11794		-	26 phenylpropan-2-yl)-1,2,3-oxadiazol-3- ium-5yl)carbamimidate)
11795		-	27 (1227).
11796		-	28 Methcathinone (1237). Some other trade names:
11797		-	29 2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
11798		-	30 Monomethylpropion; UR 1431.
11799		-	31 N, N-dimethylamphetamine (1480). Other names: N,
11800		-	32 N-alpha-trimethyl-benzeneethanamine; and N,
11801		-	33 N-alpha-trimethylphenethylamine.
11802		-	34 Methiopropamine (N-methyl-1- (thiophen-2-yl) propan-2- amine)
11803		-	35 (1478).
11804		-	36 (g) Synthetic drugs as defined in IC 35-31.5-2-321.
11805		-	37 SECTION 251. IC 35-48-4-14.5, AS AMENDED BY P.L.252-2017,
11806		-	38 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11807		-	39 JULY 1, 2025]: Sec. 14.5. (a) As used in this section, "chemical
11808		-	40 reagents or precursors" refers to one (1) or more of the following:
11809		-	41 (1) Ephedrine.
11810		-	42 (2) Pseudoephedrine.
11811		-	~~ES 80—LS 6051/DI 112 275~~
11812		-	1 (3) ~~Phenylpropanolamine.~~
11813		-	2 (4) ~~The salts, isomers, and salts of isomers of a substance~~
11814		-	~~3 identified in subdivisions (1) through (3).~~
11815		-	4 (5) Anhydrous ammonia or ammonia solution (as defined in
11816		-	5 IC 22-11-20-1).
11817		-	6 (6) Organic solvents.
11818		-	7 (7) Hydrochloric acid.
11819		-	8 (8) Lithium metal.
11820		-	9 (9) Sodium metal.
11821		-	10 (10) Ether.
11822		-	11 (11) Sulfuric acid.
11823		-	12 (12) Red phosphorous.
11824		-	13 (13) Iodine.
11825		-	14 (14) Sodium hydroxide (lye).
11826		-	15 (15) Potassium dichromate.
11827		-	16 (16) Sodium dichromate.
11828		-	17 (17) Potassium permanganate.
11829		-	18 (18) Chromium trioxide.
11830		-	19 (19) Benzyl cyanide.
11831		-	20 (20) Phenylacetic acid and its esters or salts.
11832		-	21 (21) Piperidine and its salts.
11833		-	22 (22) Methylamine and its salts.
11834		-	23 (23) Isosafrole.
11835		-	24 (24) Safrole.
11836		-	25 (25) Piperonal.
11837		-	26 (26) Hydriodic acid.
11838		-	27 (27) Benzaldehyde.
11839		-	28 (28) Nitroethane.
11840		-	29 (29) Gamma-butyrolactone.
11841		-	30 (30) White phosphorus.
11842		-	31 (31) Hypophosphorous acid and its salts.
11843		-	32 (32) Acetic anhydride.
11844		-	33 (33) Benzyl chloride.
11845		-	34 (34) Ammonium nitrate.
11846		-	35 (35) Ammonium sulfate.
11847		-	36 (36) Hydrogen peroxide.
11848		-	37 (37) Thionyl chloride.
11849		-	38 (38) Ethyl acetate.
11850		-	39 (39) Pseudoephedrine hydrochloride.
11851		-	40 (b) A person who possesses more than ten (10) grams of ephedrine,
11852		-	41 pseudoephedrine, or phenylpropanolamine, pure or adulterated,
11853		-	42 commits a Level 6 felony. However, the offense is a Level 5 felony if
11854		-	~~ES 80—LS 6051/DI 112 276~~
11855		-	1 ~~the person possessed:~~
11856		-	~~2 (1) a firearm while possessing more than ten (10) grams of~~
11857		-	~~3 ephedrine,~~ ~~pseudoephedrine, or phenylpropanolamine, pure or~~
11858		-	4 adulterated; or
11859		-	5 (2) more than ten (10) grams of ephedrine, pseudoephedrine, or
11860		-	6 phenylpropanolamine, pure or adulterated, in, on, or within five
11861		-	7 hundred (500) feet of:
11862		-	8 (A) school property while a person under eighteen (18) years
11863		-	9 of age was reasonably expected to be present; or
11864		-	10 (B) a public park while a person under eighteen (18) years of
11865		-	11 age was reasonably expected to be present.
11866		-	12 (c) A person who possesses anhydrous ammonia or ammonia
11867		-	13 solution (as defined in IC 22-11-20-1) with the intent to manufacture
11868		-	14 methamphetamine or amphetamine, schedule II controlled substances
11869		-	15 under IC 35-48-2-6, commits a Level 6 felony. However, the offense
11870		-	16 is a Level 5 felony if the person possessed:
11871		-	17 (1) a firearm while possessing anhydrous ammonia or ammonia
11872		-	18 solution (as defined in IC 22-11-20-1) with intent to manufacture
11873		-	19 methamphetamine or amphetamine, schedule II controlled
11874		-	20 substances under IC 35-48-2-6; or
11875		-	21 (2) anhydrous ammonia or ammonia solution (as defined in
11876		-	22 IC 22-11-20-1) with intent to manufacture methamphetamine or
11877		-	23 amphetamine, schedule II controlled substances under
11878		-	24 IC 35-48-2-6, in, on, or within five hundred (500) feet of:
11879		-	25 (A) school property while a person under eighteen (18) years
11880		-	26 of age was reasonably expected to be present; or
11881		-	27 (B) a public park while a person under eighteen (18) years of
11882		-	28 age was reasonably expected to be present.
11883		-	29 (d) Subsection (b) does not apply to a:
11884		-	30 (1) licensed health care provider, pharmacist, retail distributor,
11885		-	31 wholesaler, manufacturer, warehouseman, or common carrier or
11886		-	32 an agent of any of these persons if the possession is in the regular
11887		-	33 course of lawful business activities; or
11888		-	34 (2) person who possesses more than ten (10) grams of a substance
11889		-	35 described in subsection (b) if the substance is possessed under
11890		-	36 circumstances consistent with typical medicinal or household use,
11891		-	37 including:
11892		-	38 (A) the location in which the substance is stored;
11893		-	39 (B) the possession of the substance in a variety of:
11894		-	40 (i) strengths;
11895		-	41 (ii) brands; or
11896		-	42 (iii) types; or
11897		-	~~ES 80—LS 6051/DI 112 277~~
11898		-	1 (C) ~~the possession of the substance:~~
11899		-	2 (i) ~~with~~ different ~~expiration dates; or~~
11900		-	~~3 (ii) in forms used for different purposes.~~
11901		-	4 (e) A person who possesses two (2) or more chemical reagents or
11902		-	5 precursors with the intent to manufacture a controlled substance
11903		-	6 commits a Level 6 felony.
11904		-	7 (f) An offense under subsection (e) is a Level 5 felony if the person
11905		-	8 possessed:
11906		-	9 (1) a firearm while possessing two (2) or more chemical reagents
11907		-	10 or precursors with intent to manufacture a controlled substance;
11908		-	11 or
11909		-	12 (2) two (2) or more chemical reagents or precursors with intent to
11910		-	13 manufacture a controlled substance in, on, or within five hundred
11911		-	14 (500) feet of:
11912		-	15 (A) school property while a person under eighteen (18) years
11913		-	16 of age was reasonably expected to be present; or
11914		-	17 (B) a public park while a person under eighteen (18) years of
11915		-	18 age was reasonably expected to be present.
11916		-	19 (g) A person who sells, transfers, distributes, or furnishes a chemical
11917		-	20 reagent or precursor to another person with knowledge or the intent that
11918		-	21 the recipient will use the chemical reagent or precursors to manufacture
11919		-	22 a controlled substance commits unlawful sale of a precursor, a Level
11920		-	23 6 felony. However, the offense is a Level 5 felony if the person sells,
11921		-	24 transfers, distributes, or furnishes more than ten (10) grams of
11922		-	25 ephedrine, pseudoephedrine, or phenylpropanolamine.
11923		-	26 (h) This subsection does not apply to a drug containing ephedrine,
11924		-	27 pseudoephedrine, or phenylpropanolamine that is dispensed under a
11925		-	28 prescription. A person who:
11926		-	29 (1) has been convicted of a drug related felony (as defined in
11927		-	30 IC 35-48-1-16.3); IC 35-48-1.1-17); and
11928		-	31 (2) not later than seven (7) years from the date the person was
11929		-	32 sentenced for the offense;
11930		-	33 knowingly or intentionally possesses ephedrine, pseudoephedrine, or
11931		-	34 phenylpropanolamine, pure or adulterated, commits possession of a
11932		-	35 precursor by a drug offender, a Level 6 felony.
11933		-	36 SECTION 252. IC 36-1-20.2-3, AS ADDED BY P.L.135-2012,
11934		-	37 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11935		-	38 JULY 1, 2025]: Sec. 3. For purposes of this chapter, the performance
11936		-	39 of the duties of:
11937		-	40 (1) a precinct election officer (as defined in IC 3-5-2-40.1)
11938		-	41 IC 3-5-2.1-82) that are imposed by IC 3; or
11939		-	42 (2) a volunteer firefighter;
11940		-	~~ES 80—LS 6051/DI 112 278~~
11941		-	1 ~~is not considered employment~~ by ~~a unit~~.
11942		-	2 SECTION ~~253. IC 36-1.5-2-1,~~ AS ~~ADDED BY P.L.186-2006,~~
11943		-	~~3 SECTION 4,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
11944		-	4 JULY 1, 2025]: Sec. 1. Except as provided in section 4 of this chapter,
11945		-	5 the definitions in IC 3-5-2 IC 3-5-2.1 and IC 36-1-2 apply throughout
11946		-	6 this article.
11947		-	7 SECTION 254. IC 36-2-14-6, AS AMENDED BY P.L.71-2023,
11948		-	8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11949		-	9 JULY 1, 2025]: Sec. 6. (a) Whenever the coroner is notified that a
11950		-	10 person in the county:
11951		-	11 (1) has died from violence;
11952		-	12 (2) has died by casualty;
11953		-	13 (3) has died when apparently in good health;
11954		-	14 (4) has died in an apparently suspicious, unusual, or unnatural
11955		-	15 manner; or
11956		-	16 (5) has been found dead;
11957		-	17 the coroner shall, before the scene of the death is disturbed, notify a
11958		-	18 law enforcement agency having jurisdiction in that area. The agency
11959		-	19 shall assist the coroner in determining the cause, manner, and
11960		-	20 mechanism of death. The coroner shall hold the human remains until
11961		-	21 the investigation of how the person died and the medical investigation
11962		-	22 of the cause of death are concluded.
11963		-	23 (b) If the coroner reasonably suspects the cause of the person's death
11964		-	24 to be accidental or intentional overdose of a controlled substance (as
11965		-	25 defined by IC 35-48-1-9), IC 35-48-1.1-7), the coroner shall do the
11966		-	26 following:
11967		-	27 (1) Obtain any relevant information about the decedent
11968		-	28 maintained by the INSPECT program established by
11969		-	29 IC 25-1-13-4.
11970		-	30 (2) Extract one (1) or more of the following bodily fluids from the
11971		-	31 decedent:
11972		-	32 (A) Blood.
11973		-	33 (B) Vitreous.
11974		-	34 (C) Urine.
11975		-	35 (3) Test a bodily fluid extracted under subdivision (2) to
11976		-	36 determine whether the bodily fluid contained any amount,
11977		-	37 including a trace amount, of a controlled substance at the time of
11978		-	38 the decedent's death.
11979		-	39 (4) If the coroner reasonably suspects the cause of the person's
11980		-	40 death to be accidental or intentional overdose of an opioid (as
11981		-	41 defined in IC 35-48-1-21) IC 35-48-1.1-31) or if the person was
11982		-	42 administered an overdose intervention drug (as defined in
11983		-	~~ES 80—LS 6051/DI 112 279~~
11984		-	~~1 IC 16-18-2-263.9) prior to death and was unresponsive to~~ the
11985		-	2 ~~overdose intervention drug,~~ the ~~coroner shall test a~~ bodily ~~fluid~~
11986		-	~~3 extracted under subdivision (2) to determine whether the bodily~~
11987		-	4 fluid contained any amount, including a trace amount, of xylazine
11988		-	5 at the time of the decedent's death.
11989		-	6 (5) Report the results of the test conducted under this subsection
11990		-	7 to the Indiana department of health after completing the medical
11991		-	8 investigation of the cause of the decedent's death.
11992		-	9 (6) Provide the Indiana department of health notice of the
11993		-	10 decedent's death, including any information related to the
11994		-	11 controlled substances involved, if any.
11995		-	12 (c) The coroner:
11996		-	13 (1) shall file a certificate of death with the county health
11997		-	14 department, or, if applicable, a multiple county health department,
11998		-	15 of the county in which the individual died, within seventy-two
11999		-	16 (72) hours after the completion of the death investigation;
12000		-	17 (2) shall complete the certificate of death utilizing all verifiable
12001		-	18 information establishing the time and date of death; and
12002		-	19 (3) may file a pending investigation certificate of death before
12003		-	20 completing the certificate of death, if necessary.
12004		-	21 (d) If this section applies, the body and the scene of death may not
12005		-	22 be disturbed until:
12006		-	23 (1) the coroner has photographed them in the manner that most
12007		-	24 fully discloses how the person died; and
12008		-	25 (2) law enforcement and the coroner have finished their initial
12009		-	26 assessment of the scene of death.
12010		-	27 However, a coroner or law enforcement officer may order a body to be
12011		-	28 moved before photographs are taken if the position or location of the
12012		-	29 body unduly interferes with activities carried on where the body is
12013		-	30 found, but the body may not be moved from the immediate area and
12014		-	31 must be moved without substantially destroying or altering the
12015		-	32 evidence present.
12016		-	33 (e) When acting under this section, if the coroner considers it
12017		-	34 necessary to have an autopsy performed, is required to perform an
12018		-	35 autopsy under subsection (g), or is requested by the prosecuting
12019		-	36 attorney of the county to perform an autopsy, the coroner shall arrange
12020		-	37 for the autopsy to be performed by a:
12021		-	38 (1) physician who:
12022		-	39 (A) is certified by the American Board of Pathology; or
12023		-	40 (B) holds a subspecialty board certification in forensic
12024		-	41 pathology from the American Osteopathic Board of Pathology
12025		-	42 and the American Osteopathic Association; or
12026		-	~~ES 80—LS 6051/DI 112 280~~
12027		-	1 (2) ~~pathology resident acting under the direct supervision of a~~
12028		-	2 physician ~~described in~~ subdivision (1).
12029		-	~~3 A physician employed under subdivision (1) to perform the autopsy~~
12030		-	4 shall be paid a fee of at least fifty dollars ($50) from the county
12031		-	5 treasury.
12032		-	6 (f) If:
12033		-	7 (1) at the request of:
12034		-	8 (A) the decedent's spouse;
12035		-	9 (B) a child of the decedent, if the decedent does not have a
12036		-	10 spouse;
12037		-	11 (C) a parent of the decedent, if the decedent does not have a
12038		-	12 spouse or children;
12039		-	13 (D) a brother or sister of the decedent, if the decedent does not
12040		-	14 have a spouse, children, or parents; or
12041		-	15 (E) a grandparent of the decedent, if the decedent does not
12042		-	16 have a spouse, children, parents, brothers, or sisters;
12043		-	17 (2) in any death, two (2) or more witnesses who corroborate the
12044		-	18 circumstances surrounding death are present; and
12045		-	19 (3) two (2) physicians who are licensed to practice medicine in
12046		-	20 the state and who have made separate examinations of the
12047		-	21 decedent certify the same cause of death in an affidavit within
12048		-	22 twenty-four (24) hours after death;
12049		-	23 an autopsy need not be performed. The affidavits shall be filed with the
12050		-	24 circuit court clerk.
12051		-	25 (g) A county coroner may not certify the cause of death in the case
12052		-	26 of the sudden and unexpected death of a child who is less than three (3)
12053		-	27 years old unless an autopsy is performed at county expense. However,
12054		-	28 a coroner may certify the cause of death of a child described in this
12055		-	29 subsection without the performance of an autopsy if subsection (f)
12056		-	30 applies to the death of the child.
12057		-	31 (h) After consultation with the law enforcement agency
12058		-	32 investigating the death of a decedent, the coroner shall do the
12059		-	33 following:
12060		-	34 (1) Inform a crematory authority if a person is barred under
12061		-	35 IC 23-14-31-26(c) from serving as the authorizing agent with
12062		-	36 respect to the cremation of the decedent's body because the
12063		-	37 coroner made the determination under IC 23-14-31-26(c)(2) in
12064		-	38 connection with the death of the decedent.
12065		-	39 (2) Inform a cemetery owner if a person is barred under
12066		-	40 IC 23-14-55-2(c) from authorizing the disposition of the body or
12067		-	41 cremated remains of the decedent because the coroner made the
12068		-	42 determination under IC 23-14-55-2(c)(2) in connection with the
12069		-	~~ES 80—LS 6051/DI 112 281~~
12070		-	~~1 death~~ of ~~the decedent.~~
12071		-	2 (3) ~~Inform a seller of prepaid services or merchandise if a person's~~
12072		-	~~3 contract is unenforceable under IC 30-2-13-23(b) because the~~
12073		-	4 coroner made the determination under IC 30-2-13-23(b)(4) in
12074		-	5 connection with the death of the decedent.
12075		-	6 SECTION 255. IC 36-2-14-18, AS AMENDED BY P.L.31-2019,
12076		-	7 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12077		-	8 JULY 1, 2025]: Sec. 18. (a) Notwithstanding IC 5-14-3-4(b)(1), when
12078		-	9 a coroner investigates a death, the office of the coroner is required to
12079		-	10 make available for public inspection and copying the following:
12080		-	11 (1) The name, age, address, sex, and race of the deceased.
12081		-	12 (2) The address where the dead body was found, or if there is no
12082		-	13 address the location where the dead body was found and, if
12083		-	14 different, the address where the death occurred, or if there is no
12084		-	15 address the location where the death occurred.
12085		-	16 (3) The name of the agency to which the death was reported and
12086		-	17 the name of the person reporting the death.
12087		-	18 (4) The name of any public official or governmental employee
12088		-	19 present at the scene of the death and the name of the person
12089		-	20 certifying or pronouncing the death.
12090		-	21 (5) Information regarding an autopsy (requested or performed)
12091		-	22 limited to the date, the person who performed the autopsy, where
12092		-	23 the autopsy was performed, and a conclusion as to:
12093		-	24 (A) the probable cause of death;
12094		-	25 (B) the probable manner of death; and
12095		-	26 (C) the probable mechanism of death.
12096		-	27 (6) The location to which the body was removed, the person
12097		-	28 determining the location to which the body was removed, and the
12098		-	29 authority under which the decision to remove the body was made.
12099		-	30 (7) The records required to be filed by a coroner under section 6
12100		-	31 of this chapter and the verdict and the written report required
12101		-	32 under section 10 of this chapter.
12102		-	33 (b) A county coroner or a coroner's deputy who receives an
12103		-	34 investigatory record from a law enforcement agency shall treat the
12104		-	35 investigatory record with the same confidentiality as the law
12105		-	36 enforcement agency would treat the investigatory record.
12106		-	37 (c) Notwithstanding any other provision of this section, a coroner
12107		-	38 shall make available a full copy of an autopsy report, other than a
12108		-	39 photograph, a video recording, or an audio recording of the autopsy,
12109		-	40 upon the written request of a parent of the decedent, an adult child of
12110		-	41 the decedent, a next of kin of the decedent, or an insurance company
12111		-	42 investigating a claim arising from the death of the individual upon
12112		-	~~ES 80—LS 6051/DI 112 282~~
12113		-	~~1 whom the autopsy was performed. A parent~~ of the decedent, an ~~adult~~
12114		-	~~2 child of the decedent,~~ ~~a next of kin of the decedent, and an insurance~~
12115		-	~~3 company are prohibited from publicly disclosing any information~~
12116		-	4 contained in the report beyond that information that may otherwise be
12117		-	5 disclosed by a coroner under this section. This prohibition does not
12118		-	6 apply to information disclosed in communications in conjunction with
12119		-	7 the investigation, settlement, or payment of the claim.
12120		-	8 (d) Notwithstanding any other provision of this section, a coroner
12121		-	9 shall make available a full copy of an autopsy report, other than a
12122		-	10 photograph, a video recording, or an audio recording of the autopsy,
12123		-	11 upon the written request of:
12124		-	12 (1) the director of the division of disability and rehabilitative
12125		-	13 services established by IC 12-9-1-1;
12126		-	14 (2) the director of the division of mental health and addiction
12127		-	15 established by IC 12-21-1-1; or
12128		-	16 (3) the director of the division of aging established by
12129		-	17 IC 12-9.1-1-1;
12130		-	18 in connection with a division's review of the circumstances surrounding
12131		-	19 the death of an individual who received services from a division or
12132		-	20 through a division at the time of the individual's death.
12133		-	21 (e) Notwithstanding any other provision of this section, a coroner
12134		-	22 shall make available, upon written request, a full copy of an autopsy
12135		-	23 report, including a photograph, a video recording, or an audio recording
12136		-	24 of the autopsy, to:
12137		-	25 (1) the department of child services established by IC 31-25-1-1,
12138		-	26 including an office of the department located in the county where
12139		-	27 the death occurred;
12140		-	28 (2) the statewide child fatality review committee established by
12141		-	29 IC 16-49-4; or
12142		-	30 (3) a county child fatality review team or regional child fatality
12143		-	31 review team established under IC 16-49-2 for the area where the
12144		-	32 death occurred;
12145		-	33 for purposes of an entity described in subdivisions (1) through (3)
12146		-	34 conducting a review or an investigation of the circumstances
12147		-	35 surrounding the death of a child (as defined in IC 16-49-1-2) and
12148		-	36 making a determination as to whether the death of the child was a
12149		-	37 result of abuse, abandonment, or neglect. An autopsy report made
12150		-	38 available under this subsection is confidential and shall not be
12151		-	39 disclosed to another individual or agency, unless otherwise authorized
12152		-	40 or required by law.
12153		-	41 (f) Notwithstanding any other provision of this section, a coroner
12154		-	42 shall make available, upon written request, a full copy of an autopsy
12155		-	~~ES 80—LS 6051/DI 112 283~~
12156		-	~~1 report~~, ~~including a photograph,~~ ~~a video recording,~~ ~~or an audio recording~~
12157		-	2 of ~~the autopsy, to~~ the local fetal-infant ~~mortality review team~~
12158		-	~~3 established under IC 16-49-6 for purposes of the local fetal-infant~~
12159		-	4 mortality review team conducting a review or an investigation of the
12160		-	5 circumstances surrounding a fetal death or an infant death (as defined
12161		-	6 in IC 16-49-6). An autopsy report made available under this subsection
12162		-	7 is confidential and shall not be disclosed to another individual or
12163		-	8 agency, unless otherwise authorized or required by law.
12164		-	9 (g) Notwithstanding any other provision of this section, a coroner
12165		-	10 shall make available, upon written request, a full copy of an autopsy
12166		-	11 report, including a photograph, a video recording, or an audio recording
12167		-	12 of the autopsy, to the statewide maternity mortality review committee
12168		-	13 established under IC 16-50-1.
12169		-	14 (h) Notwithstanding any other provision of this section, and except
12170		-	15 as otherwise provided in this subsection, a coroner may make available,
12171		-	16 upon written request, a full copy of an autopsy report to the peer review
12172		-	17 committee (as defined in IC 34-6-2-99) IC 34-6-2.1-145) of a hospital
12173		-	18 at which the decedent was treated immediately before death for
12174		-	19 purposes of the hospital's peer review activities. An autopsy report
12175		-	20 made available under this subsection:
12176		-	21 (1) may not include:
12177		-	22 (A) a photograph;
12178		-	23 (B) a video recording; or
12179		-	24 (C) an audio recording;
12180		-	25 of the autopsy; and
12181		-	26 (2) is confidential and may not be disclosed to another individual
12182		-	27 or agency, unless otherwise authorized or required by law.
12183		-	28 However, if immediately making available an autopsy report under this
12184		-	29 subsection will interfere with the coroner's investigation or other legal
12185		-	30 proceedings related to the decedent's death, the coroner may delay
12186		-	31 making available the requested autopsy related information until the
12187		-	32 investigation or other legal proceedings are concluded.
12188		-	33 (i) Except as provided in subsection (j), the information required to
12189		-	34 be available under subsection (a) must be completed not later than
12190		-	35 fourteen (14) days after the completion of:
12191		-	36 (1) the autopsy report; or
12192		-	37 (2) if applicable, any other report, including a toxicology report,
12193		-	38 requested by the coroner as part of the coroner's investigation;
12194		-	39 whichever is completed last.
12195		-	40 (j) The prosecuting attorney may petition a circuit or superior court
12196		-	41 for an order prohibiting the coroner from publicly disclosing the
12197		-	42 information required in subsection (a). The prosecuting attorney shall
12198		-	~~ES 80—LS 6051/DI 112 284~~
12199		-	~~1 serve~~ a copy of the petition ~~on the coroner.~~
12200		-	~~2 (k) Upon receipt of a copy of~~ the ~~petition described in subsection (j),~~
12201		-	~~3 the coroner shall keep the information confidential until the court rules~~
12202		-	4 on the petition.
12203		-	5 (l) The court shall grant a petition filed under subsection (j) if the
12204		-	6 prosecuting attorney proves by a preponderance of the evidence that
12205		-	7 public access or dissemination of the information specified in
12206		-	8 subsection (a) would create a significant risk of harm to the criminal
12207		-	9 investigation of the death. The court shall state in the order the reasons
12208		-	10 for granting or denying the petition. An order issued under this
12209		-	11 subsection must use the least restrictive means and duration possible
12210		-	12 when restricting access to the information. Information to which access
12211		-	13 is restricted under this subsection is confidential.
12212		-	14 (m) Any person may petition the court to modify or terminate an
12213		-	15 order issued under subsection (l). The petition for modification or
12214		-	16 termination must allege facts demonstrating that:
12215		-	17 (1) the public interest will be served by allowing access; and
12216		-	18 (2) access to the information specified in subsection (a) would not
12217		-	19 create a significant risk to the criminal investigation of the death.
12218		-	20 The person petitioning the court for modification or termination shall
12219		-	21 serve a copy of the petition on the prosecuting attorney and the coroner.
12220		-	22 (n) Upon receipt of a petition for modification or termination filed
12221		-	23 under subsection (m), the court may:
12222		-	24 (1) summarily grant, modify, or dismiss the petition; or
12223		-	25 (2) set the matter for hearing.
12224		-	26 If the court sets the matter for hearing, upon the motion of any party or
12225		-	27 upon the court's own motion, the court may close the hearing to the
12226		-	28 public.
12227		-	29 (o) If the person filing the petition for modification or termination
12228		-	30 proves by a preponderance of the evidence that:
12229		-	31 (1) the public interest will be served by allowing access; and
12230		-	32 (2) access to the information specified in subsection (a) would not
12231		-	33 create a significant risk to the criminal investigation of the death;
12232		-	34 the court shall modify or terminate its order restricting access to the
12233		-	35 information. In ruling on a request under this subsection, the court shall
12234		-	36 state the court's reasons for granting or denying the request.
12235		-	37 SECTION 256. IC 36-7-4-216, AS AMENDED BY P.L.126-2011,
12236		-	38 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12237		-	39 JULY 1, 2025]: Sec. 216. (a) Each citizen member shall be appointed
12238		-	40 because of the member's knowledge and experience in community
12239		-	41 affairs, the member's awareness of the social, economic, agricultural,
12240		-	42 and industrial problems of the area, and the member's interest in the
12241		-	~~ES 80—LS 6051/DI 112 285~~
12242		-	~~1 development and integration of the area.~~
12243		-	2 (b) ~~A citizen member may not hold:~~
12244		-	~~3 (1) an elected office (as defined in IC 3-5-2-17); IC 3-5-2.1-34);~~
12245		-	4 or
12246		-	5 (2) any other appointed office in municipal, county, or state
12247		-	6 government;
12248		-	7 except for membership on the board of zoning appeals as required by
12249		-	8 section 902 of this chapter and, in the case of an area plan commission,
12250		-	9 membership on the body from which the member must be appointed
12251		-	10 under this series.
12252		-	11 (c) Subject to subsection (d), a citizen member must meet one (1)
12253		-	12 of the following requirements:
12254		-	13 (1) The member must be a resident of the jurisdictional area of the
12255		-	14 plan commission. The member may also be required by statute to
12256		-	15 reside within an unincorporated area of the jurisdictional area of
12257		-	16 the plan commission.
12258		-	17 (2) The member must be a resident of the county and also an
12259		-	18 owner of real property located in whole or in part in the
12260		-	19 jurisdictional area of the plan commission. The member may also
12261		-	20 be required by statute to own real property within an
12262		-	21 unincorporated area of the jurisdictional area of the plan
12263		-	22 commission.
12264		-	23 (d) At least a majority of the total number of citizen members
12265		-	24 appointed to a plan commission must be residents of the jurisdictional
12266		-	25 area of the plan commission. The commission shall determine whether
12267		-	26 a citizen member meets all applicable residency requirements for
12268		-	27 appointment in accordance with uniform rules prescribed by the
12269		-	28 commission.
12270		-	29 SECTION 257. IC 36-7-4-905, AS AMENDED BY P.L.126-2011,
12271		-	30 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12272		-	31 JULY 1, 2025]: Sec. 905. (a) None of the members of a board of
12273		-	32 zoning appeals may hold:
12274		-	33 (1) an elected office (as defined in IC 3-5-2-17); IC 3-5-2.1-34);
12275		-	34 or
12276		-	35 (2) any other appointed office, except as permitted by section 902
12277		-	36 of this chapter, in municipal, county, or state government.
12278		-	37 (b) A member of the board of zoning appeals must meet one (1) of
12279		-	38 the following requirements:
12280		-	39 (1) The member must be a resident of the jurisdictional area of the
12281		-	40 board.
12282		-	41 (2) The member must be a resident of the county and also an
12283		-	42 owner of real property located in whole or in part in the
12284		-	~~ES 80—LS 6051/DI 112 286~~
12285		-	~~1 jurisdictional area~~ of the ~~board.~~
12286		-	~~2 However,~~ ~~at least a majority~~ of the ~~total number of citizen members~~
12287		-	~~3 appointed to the board of zoning appeals must be residents of the~~
12288		-	4 jurisdictional area of the board of zoning appeals. The board shall
12289		-	5 determine whether a member meets all applicable residency
12290		-	6 requirements for appointment in accordance with uniform rules
12291		-	7 prescribed by the board.
12292		-	8 SECTION 258. IC 36-8-12-16, AS AMENDED BY P.L.236-2023,
12293		-	9 SECTION 201, IS AMENDED TO READ AS FOLLOWS
12294		-	10 [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) A volunteer fire department
12295		-	11 that provides service within a jurisdiction served by the department
12296		-	12 may establish a schedule of charges for the services that the department
12297		-	13 provides not to exceed the state fire marshal's recommended schedule
12298		-	14 for services. The volunteer fire department or its agent may collect a
12299		-	15 service charge according to this schedule from the owner of property
12300		-	16 that receives service if the following conditions are met:
12301		-	17 (1) At the following times, the department gives notice under
12302		-	18 IC 5-3-1-4(d) in each political subdivision served by the
12303		-	19 department of the amount of the service charge for each service
12304		-	20 that the department provides:
12305		-	21 (A) Before the schedule of service charges is initiated.
12306		-	22 (B) When there is a change in the amount of a service charge.
12307		-	23 (2) The property owner has not sent written notice to the
12308		-	24 department to refuse service by the department to the owner's
12309		-	25 property.
12310		-	26 (3) The bill for payment of the service charge:
12311		-	27 (A) is submitted to the property owner in writing within thirty
12312		-	28 (30) days after the services are provided;
12313		-	29 (B) includes a copy of a fire incident report in the form
12314		-	30 prescribed by the state fire marshal, if the service was
12315		-	31 provided for an event that requires a fire incident report;
12316		-	32 (C) must contain verification that the bill has been approved
12317		-	33 by the chief of the volunteer fire department; and
12318		-	34 (D) must contain language indicating that correspondence
12319		-	35 from the property owner and any question from the property
12320		-	36 owner regarding the bill should be directed to the department.
12321		-	37 (4) Payment is remitted directly to the governmental unit
12322		-	38 providing the service.
12323		-	39 (b) A volunteer fire department shall use the revenue collected from
12324		-	40 the fire service charges under this section:
12325		-	41 (1) for the purchase of equipment, buildings, and property for
12326		-	42 firefighting, fire protection, or other emergency services;
12327		-	~~ES 80—LS 6051/DI 112 287~~
12328		-	1 (2) ~~for deposit in~~ the ~~township firefighting and emergency~~
12329		-	~~2 services~~ fund established under ~~IC 36-8-13-4(a)(1) or the~~
12330		-	~~3 township firefighting fund established under~~
12331		-	4 IC 36-8-13-4(a)(2)(A); or
12332		-	5 (3) to pay principal and interest on a loan made by the department
12333		-	6 of homeland security established by IC 10-19-2-1 or a division of
12334		-	7 the department for the purchase of new or used firefighting and
12335		-	8 other emergency equipment or apparatus.
12336		-	9 (c) Any administrative fees charged by a fire department's agent
12337		-	10 must be paid only from fees that are collected and allowed by Indiana
12338		-	11 law and the fire marshal's schedule of fees.
12339		-	12 (d) An agent who processes fees on behalf of a fire department shall
12340		-	13 send all bills, notices, and other related materials to both the fire
12341		-	14 department and the person being billed for services.
12342		-	15 (e) All fees allowed by Indiana law and the fire marshal's fee
12343		-	16 schedule must be itemized separately from any other charges.
12344		-	17 (f) If at least twenty-five percent (25%) of the money received by a
12345		-	18 volunteer fire department for providing fire protection or emergency
12346		-	19 services is received under one (1) or more contracts with one (1) or
12347		-	20 more political subdivisions (as defined in IC 34-6-2-110),
12348		-	21 IC 34-6-2.1-155), the legislative body of a contracting political
12349		-	22 subdivision must approve the schedule of service charges established
12350		-	23 under subsection (a) before the schedule of service charges is initiated
12351		-	24 in that political subdivision.
12352		-	25 (g) A volunteer fire department that:
12353		-	26 (1) has contracted with a political subdivision to provide fire
12354		-	27 protection or emergency services; and
12355		-	28 (2) charges for services under this section;
12356		-	29 must submit a report to the legislative body of the political subdivision
12357		-	30 before April 1 of each year indicating the amount of service charges
12358		-	31 collected during the previous calendar year and how those funds have
12359		-	32 been expended.
12360		-	33 (h) The state fire marshal shall annually prepare and publish a
12361		-	34 recommended schedule of service charges for fire protection services.
12362		-	35 (i) The volunteer fire department or its agent may maintain a civil
12363		-	36 action to recover an unpaid service charge under this section and may,
12364		-	37 if it prevails, recover all costs of the action, including reasonable
12365		-	38 attorney's fees.
12366		-	39 SECTION 259. IC 36-8-12-17, AS AMENDED BY P.L.236-2023,
12367		-	40 SECTION 202, IS AMENDED TO READ AS FOLLOWS
12368		-	41 [EFFECTIVE JULY 1, 2025]: Sec. 17. (a) If a political subdivision has
12369		-	42 not imposed its own false alarm fee or service charge, a volunteer fire
12370		-	~~ES 80—LS 6051/DI 112 288~~
12371		-	~~1 department that provides~~ service ~~within~~ the ~~jurisdiction may establish~~
12372		-	~~2 a~~ service charge ~~for responding to false alarms.~~ The ~~volunteer fire~~
12373		-	~~3 department may collect the false alarm service charge from the owner~~
12374		-	4 of the property if the volunteer fire department dispatches firefighting
12375		-	5 apparatus or personnel to a building or premises in the township in
12376		-	6 response to:
12377		-	7 (1) an alarm caused by improper installation or improper
12378		-	8 maintenance; or
12379		-	9 (2) a drill or test, if the fire department is not previously notified
12380		-	10 that the alarm is a drill or test.
12381		-	11 However, if the owner of property that constitutes the owner's residence
12382		-	12 establishes that the alarm is under a maintenance contract with an
12383		-	13 alarm company and that the alarm company has been notified of the
12384		-	14 improper installation or maintenance of the alarm, the alarm company
12385		-	15 is liable for the payment of the fee or service charge.
12386		-	16 (b) Before establishing a false alarm service charge, the volunteer
12387		-	17 fire department must provide notice under IC 5-3-1-4(d) in each
12388		-	18 political subdivision served by the department of the amount of the
12389		-	19 false alarm service charge. The notice required by this subsection must
12390		-	20 be given:
12391		-	21 (1) before the false alarm service charge is initiated; and
12392		-	22 (2) before a change in the amount of the false alarm service
12393		-	23 charge.
12394		-	24 (c) A volunteer fire department may not collect a false alarm service
12395		-	25 charge from a property owner or alarm company unless the
12396		-	26 department's bill for payment of the service charge:
12397		-	27 (1) is submitted to the property owner in writing within thirty (30)
12398		-	28 days after the false alarm; and
12399		-	29 (2) includes a copy of a fire incident report in the form prescribed
12400		-	30 by the state fire marshal.
12401		-	31 (d) A volunteer fire department shall use the money collected from
12402		-	32 the false alarm service charge imposed under this section:
12403		-	33 (1) for the purchase of equipment, buildings, and property for fire
12404		-	34 fighting, fire protection, or other emergency services;
12405		-	35 (2) for deposit in the township firefighting and emergency
12406		-	36 services fund established under IC 36-8-13-4(a)(1) or the
12407		-	37 township firefighting fund established under
12408		-	38 IC 36-8-13-4(a)(2)(A); or
12409		-	39 (3) to pay principal and interest on a loan made by the department
12410		-	40 of homeland security established by IC 10-19-2-1 or a division of
12411		-	41 the department for the purchase of new or used firefighting and
12412		-	42 other emergency equipment or apparatus.
12413		-	~~ES 80—LS 6051/DI 112 289~~
12414		-	~~1 (e) If at least twenty-five~~ ~~percent (25%) of the money received by a~~
12415		-	~~2 volunteer fire department for providing fire protection~~ or ~~emergency~~
12416		-	~~3 services is received under one (1) or more contracts with one (1) or~~
12417		-	4 more political subdivisions (as defined in IC 34-6-2-110),
12418		-	5 IC 34-6-2.1-155), the legislative body of a contracting political
12419		-	6 subdivision must approve the false alarm service charge established
12420		-	7 under subsection (a) before the service charge is initiated in that
12421		-	8 political subdivision.
12422		-	9 (f) A volunteer fire department that:
12423		-	10 (1) has contracted with a political subdivision to provide fire
12424		-	11 protection or emergency services; and
12425		-	12 (2) imposes a false alarm service charge under this section;
12426		-	13 must submit a report to the legislative body of the political subdivision
12427		-	14 before April 1 of each year indicating the amount of false alarm
12428		-	15 charges collected during the previous calendar year and how those
12429		-	16 funds have been expended.
12430		-	17 (g) The volunteer fire department may maintain a civil action to
12431		-	18 recover unpaid false alarm service charges imposed under this section
12432		-	19 and may, if it prevails, recover all costs of the action, including
12433		-	20 reasonable attorney's fees.
12434		-	ES 80—LS 6051/DI 112 290
	11699	+	25 (35) Thiophene analog of phencyclidine (7470). Some trade or
	11700	+	26 other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
	11701	+	27 Analog of Phencyclidine; TPCP.
	11702	+	28 (36) Salvia divinorum or salvinorin A, including:
	11703	+	29 (A) all parts of the plant that are classified botanically as salvia
	11704	+	30 divinorum, whether growing or not;
	11705	+	31 (B) the seeds of the plant;
	11706	+	32 (C) any extract from any part of the plant; and
	11707	+	33 (D) every compound, manufacture, salt, derivative, mixture, or
	11708	+	34 preparation of the plant, its seeds, or extracts.
	11709	+	35 (37) 5-Methoxy-N,N-Dimethyltryptamine. Some trade or other
	11710	+	36 names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole;
	11711	+	37 5-MeO-DMT.
	11712	+	38 (38) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
	11713	+	39 (39) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
	11714	+	40 (40) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C).
	11715	+	41 (41) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I).
	11716	+	42 (42) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] ethanamine (2C-T-2).
	11717	+	SB 80—LS 6051/DI 112 273
	11718	+	1 (43) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl] ethanamine
	11719	+	2 (2C-T-4).
	11720	+	3 (44) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).
	11721	+	4 (45) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).
	11722	+	5 (46) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine (2C-P).
	11723	+	6 (47) Deschloroketamine (2-Phenyl-2-
	11724	+	7 (methylamino)cyclohexanone).
	11725	+	8 (48) 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-
	11726	+	9 ethyltryptamine).
	11727	+	10 (49) N-methyltryptamine (1H-Indole-3-ethanamine, N-methyl-).
	11728	+	11 (50) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)butan-1-one (other
	11729	+	12 names: eutylone; bk-EBDB (7549)).
	11730	+	13 (51) N-(1-amino- 3,3-dimethyl-1- oxobutan-2-yl)-
	11731	+	14 1-butyl-1H-indazole-3- carboxamide (other name:
	11732	+	15 ADB–BUTINACA) (7027).
	11733	+	16 (52) 4-methyl-1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one (other
	11734	+	17 names: á-PiHP; alpha-PiHP) (7551).
	11735	+	18 (53) 2-(methylamino)-1-(3-methylphenyl)propan-1-one (other
	11736	+	19 names: 3–MMC; 3-methylmethcathinone) (1259).
	11737	+	20 (e) Depressants. Unless specifically excepted in a rule adopted by
	11738	+	21 the board or unless listed in another schedule, any material, compound,
	11739	+	22 mixture, or preparation which contains any quantity of the following
	11740	+	23 substances having a depressant effect on the central nervous system,
	11741	+	24 including its salts, isomers, and salts of isomers whenever the existence
	11742	+	25 of such salts, isomers, and salts of isomers is possible within the
	11743	+	26 specific chemical designation:
	11744	+	27 Etizolam (4-(2- chlorophenyl)-2- ethyl-9- methyl- 6H-
	11745	+	28 thieno[3,2-f] [1,2,4] triazolo[4,3-a] [1,4diazepine) (other names
	11746	+	29 include: Etilaam, Etizest, Depas, Etizola, Sedekopan, and
	11747	+	30 Pasaden).
	11748	+	31 Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-
	11749	+	32 4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine).
	11750	+	33 Gamma-hydroxybutyric acid (other names include GHB;
	11751	+	34 gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
	11752	+	35 oxybate; sodium oxybutyrate) (2010).
	11753	+	36 Mecloqualone (2572).
	11754	+	37 Methaqualone (2565).
	11755	+	38 (f) Stimulants. Unless specifically excepted or unless listed in
	11756	+	39 another schedule, any material, compound, mixture, or preparation that
	11757	+	40 contains any quantity of the following substances having a stimulant
	11758	+	41 effect on the central nervous system, including its salts, isomers, and
	11759	+	42 salts of isomers:
	11760	+	SB 80—LS 6051/DI 112 274
	11761	+	1 ([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
	11762	+	2 dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590).
	11763	+	3 Amineptine (7-[(10,11-dihydro-5H- dibenzo[a,d]cyclohepten- 5-
	11764	+	4 yl)amino] heptanoic acid) (1219).
	11765	+	5 Aminorex (1585). Other names: aminoxaphen;
	11766	+	6 2-amino-5-phenyl-2-oxazoline; or
	11767	+	7 4,5-dihydro-5-phenyl-2-oxazolamine.
	11768	+	8 4,4'-Dimethylaminorex (4,4'-DMAR; 4,5-dihydro- 4-methyl-5-(4-
	11769	+	9 methylphenyl)- 2- oxazolamine; 4-methyl-5- (4-methylphenyl)-
	11770	+	10 4,5-dihydro-1,3-oxazol- 2-amine).
	11771	+	11 Benzylone, 1-(1,3-benzodioxol-5-yl)-2-(benzylamino)propan
	11772	+	12 -1-one. Synonyms: BMDP, N-benzyl methylone,
	11773	+	13 3,4-Methylenedioxy-Nbenzylcathinone,
	11774	+	14 N-benzyl-3,4-methylenedioxycathinone.
	11775	+	15 Cathinone (1235). Some trade or other names:
	11776	+	16 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
	11777	+	17 2-aminopropiophenone; and norephedrone.
	11778	+	18 Fenethylline (1503).
	11779	+	19 N-Benzylpiperazine (7493). Other names: BZP; and
	11780	+	20 1-benzylpiperazine.
	11781	+	21 N-ethylamphetamine (1475).
	11782	+	22 Mesocarb (N-phenyl-N-(3-(1-
	11783	+	23 phenylpropan-2-yl)-1,2,3-oxadiazol-3- ium-5yl)carbamimidate)
	11784	+	24 (1227).
	11785	+	25 Methcathinone (1237). Some other trade names:
	11786	+	26 2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
	11787	+	27 Monomethylpropion; UR 1431.
	11788	+	28 N, N-dimethylamphetamine (1480). Other names: N,
	11789	+	29 N-alpha-trimethyl-benzeneethanamine; and N,
	11790	+	30 N-alpha-trimethylphenethylamine.
	11791	+	31 Methiopropamine (N-methyl-1- (thiophen-2-yl) propan-2- amine)
	11792	+	32 (1478).
	11793	+	33 (g) Synthetic drugs as defined in IC 35-31.5-2-321.
	11794	+	34 SECTION 251. IC 35-48-4-14.5, AS AMENDED BY P.L.252-2017,
	11795	+	35 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	11796	+	36 JULY 1, 2025]: Sec. 14.5. (a) As used in this section, "chemical
	11797	+	37 reagents or precursors" refers to one (1) or more of the following:
	11798	+	38 (1) Ephedrine.
	11799	+	39 (2) Pseudoephedrine.
	11800	+	40 (3) Phenylpropanolamine.
	11801	+	41 (4) The salts, isomers, and salts of isomers of a substance
	11802	+	42 identified in subdivisions (1) through (3).
	11803	+	SB 80—LS 6051/DI 112 275
	11804	+	1 (5) Anhydrous ammonia or ammonia solution (as defined in
	11805	+	2 IC 22-11-20-1).
	11806	+	3 (6) Organic solvents.
	11807	+	4 (7) Hydrochloric acid.
	11808	+	5 (8) Lithium metal.
	11809	+	6 (9) Sodium metal.
	11810	+	7 (10) Ether.
	11811	+	8 (11) Sulfuric acid.
	11812	+	9 (12) Red phosphorous.
	11813	+	10 (13) Iodine.
	11814	+	11 (14) Sodium hydroxide (lye).
	11815	+	12 (15) Potassium dichromate.
	11816	+	13 (16) Sodium dichromate.
	11817	+	14 (17) Potassium permanganate.
	11818	+	15 (18) Chromium trioxide.
	11819	+	16 (19) Benzyl cyanide.
	11820	+	17 (20) Phenylacetic acid and its esters or salts.
	11821	+	18 (21) Piperidine and its salts.
	11822	+	19 (22) Methylamine and its salts.
	11823	+	20 (23) Isosafrole.
	11824	+	21 (24) Safrole.
	11825	+	22 (25) Piperonal.
	11826	+	23 (26) Hydriodic acid.
	11827	+	24 (27) Benzaldehyde.
	11828	+	25 (28) Nitroethane.
	11829	+	26 (29) Gamma-butyrolactone.
	11830	+	27 (30) White phosphorus.
	11831	+	28 (31) Hypophosphorous acid and its salts.
	11832	+	29 (32) Acetic anhydride.
	11833	+	30 (33) Benzyl chloride.
	11834	+	31 (34) Ammonium nitrate.
	11835	+	32 (35) Ammonium sulfate.
	11836	+	33 (36) Hydrogen peroxide.
	11837	+	34 (37) Thionyl chloride.
	11838	+	35 (38) Ethyl acetate.
	11839	+	36 (39) Pseudoephedrine hydrochloride.
	11840	+	37 (b) A person who possesses more than ten (10) grams of ephedrine,
	11841	+	38 pseudoephedrine, or phenylpropanolamine, pure or adulterated,
	11842	+	39 commits a Level 6 felony. However, the offense is a Level 5 felony if
	11843	+	40 the person possessed:
	11844	+	41 (1) a firearm while possessing more than ten (10) grams of
	11845	+	42 ephedrine, pseudoephedrine, or phenylpropanolamine, pure or
	11846	+	SB 80—LS 6051/DI 112 276
	11847	+	1 adulterated; or
	11848	+	2 (2) more than ten (10) grams of ephedrine, pseudoephedrine, or
	11849	+	3 phenylpropanolamine, pure or adulterated, in, on, or within five
	11850	+	4 hundred (500) feet of:
	11851	+	5 (A) school property while a person under eighteen (18) years
	11852	+	6 of age was reasonably expected to be present; or
	11853	+	7 (B) a public park while a person under eighteen (18) years of
	11854	+	8 age was reasonably expected to be present.
	11855	+	9 (c) A person who possesses anhydrous ammonia or ammonia
	11856	+	10 solution (as defined in IC 22-11-20-1) with the intent to manufacture
	11857	+	11 methamphetamine or amphetamine, schedule II controlled substances
	11858	+	12 under IC 35-48-2-6, commits a Level 6 felony. However, the offense
	11859	+	13 is a Level 5 felony if the person possessed:
	11860	+	14 (1) a firearm while possessing anhydrous ammonia or ammonia
	11861	+	15 solution (as defined in IC 22-11-20-1) with intent to manufacture
	11862	+	16 methamphetamine or amphetamine, schedule II controlled
	11863	+	17 substances under IC 35-48-2-6; or
	11864	+	18 (2) anhydrous ammonia or ammonia solution (as defined in
	11865	+	19 IC 22-11-20-1) with intent to manufacture methamphetamine or
	11866	+	20 amphetamine, schedule II controlled substances under
	11867	+	21 IC 35-48-2-6, in, on, or within five hundred (500) feet of:
	11868	+	22 (A) school property while a person under eighteen (18) years
	11869	+	23 of age was reasonably expected to be present; or
	11870	+	24 (B) a public park while a person under eighteen (18) years of
	11871	+	25 age was reasonably expected to be present.
	11872	+	26 (d) Subsection (b) does not apply to a:
	11873	+	27 (1) licensed health care provider, pharmacist, retail distributor,
	11874	+	28 wholesaler, manufacturer, warehouseman, or common carrier or
	11875	+	29 an agent of any of these persons if the possession is in the regular
	11876	+	30 course of lawful business activities; or
	11877	+	31 (2) person who possesses more than ten (10) grams of a substance
	11878	+	32 described in subsection (b) if the substance is possessed under
	11879	+	33 circumstances consistent with typical medicinal or household use,
	11880	+	34 including:
	11881	+	35 (A) the location in which the substance is stored;
	11882	+	36 (B) the possession of the substance in a variety of:
	11883	+	37 (i) strengths;
	11884	+	38 (ii) brands; or
	11885	+	39 (iii) types; or
	11886	+	40 (C) the possession of the substance:
	11887	+	41 (i) with different expiration dates; or
	11888	+	42 (ii) in forms used for different purposes.
	11889	+	SB 80—LS 6051/DI 112 277
	11890	+	1 (e) A person who possesses two (2) or more chemical reagents or
	11891	+	2 precursors with the intent to manufacture a controlled substance
	11892	+	3 commits a Level 6 felony.
	11893	+	4 (f) An offense under subsection (e) is a Level 5 felony if the person
	11894	+	5 possessed:
	11895	+	6 (1) a firearm while possessing two (2) or more chemical reagents
	11896	+	7 or precursors with intent to manufacture a controlled substance;
	11897	+	8 or
	11898	+	9 (2) two (2) or more chemical reagents or precursors with intent to
	11899	+	10 manufacture a controlled substance in, on, or within five hundred
	11900	+	11 (500) feet of:
	11901	+	12 (A) school property while a person under eighteen (18) years
	11902	+	13 of age was reasonably expected to be present; or
	11903	+	14 (B) a public park while a person under eighteen (18) years of
	11904	+	15 age was reasonably expected to be present.
	11905	+	16 (g) A person who sells, transfers, distributes, or furnishes a chemical
	11906	+	17 reagent or precursor to another person with knowledge or the intent that
	11907	+	18 the recipient will use the chemical reagent or precursors to manufacture
	11908	+	19 a controlled substance commits unlawful sale of a precursor, a Level
	11909	+	20 6 felony. However, the offense is a Level 5 felony if the person sells,
	11910	+	21 transfers, distributes, or furnishes more than ten (10) grams of
	11911	+	22 ephedrine, pseudoephedrine, or phenylpropanolamine.
	11912	+	23 (h) This subsection does not apply to a drug containing ephedrine,
	11913	+	24 pseudoephedrine, or phenylpropanolamine that is dispensed under a
	11914	+	25 prescription. A person who:
	11915	+	26 (1) has been convicted of a drug related felony (as defined in
	11916	+	27 IC 35-48-1-16.3); IC 35-48-1.1-17); and
	11917	+	28 (2) not later than seven (7) years from the date the person was
	11918	+	29 sentenced for the offense;
	11919	+	30 knowingly or intentionally possesses ephedrine, pseudoephedrine, or
	11920	+	31 phenylpropanolamine, pure or adulterated, commits possession of a
	11921	+	32 precursor by a drug offender, a Level 6 felony.
	11922	+	33 SECTION 252. IC 36-1-20.2-3, AS ADDED BY P.L.135-2012,
	11923	+	34 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	11924	+	35 JULY 1, 2025]: Sec. 3. For purposes of this chapter, the performance
	11925	+	36 of the duties of:
	11926	+	37 (1) a precinct election officer (as defined in IC 3-5-2-40.1)
	11927	+	38 IC 3-5-2.1-82) that are imposed by IC 3; or
	11928	+	39 (2) a volunteer firefighter;
	11929	+	40 is not considered employment by a unit.
	11930	+	41 SECTION 253. IC 36-1.5-2-1, AS ADDED BY P.L.186-2006,
	11931	+	42 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	11932	+	SB 80—LS 6051/DI 112 278
	11933	+	1 JULY 1, 2025]: Sec. 1. Except as provided in section 4 of this chapter,
	11934	+	2 the definitions in IC 3-5-2 IC 3-5-2.1 and IC 36-1-2 apply throughout
	11935	+	3 this article.
	11936	+	4 SECTION 254. IC 36-2-14-6, AS AMENDED BY P.L.71-2023,
	11937	+	5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	11938	+	6 JULY 1, 2025]: Sec. 6. (a) Whenever the coroner is notified that a
	11939	+	7 person in the county:
	11940	+	8 (1) has died from violence;
	11941	+	9 (2) has died by casualty;
	11942	+	10 (3) has died when apparently in good health;
	11943	+	11 (4) has died in an apparently suspicious, unusual, or unnatural
	11944	+	12 manner; or
	11945	+	13 (5) has been found dead;
	11946	+	14 the coroner shall, before the scene of the death is disturbed, notify a
	11947	+	15 law enforcement agency having jurisdiction in that area. The agency
	11948	+	16 shall assist the coroner in determining the cause, manner, and
	11949	+	17 mechanism of death. The coroner shall hold the human remains until
	11950	+	18 the investigation of how the person died and the medical investigation
	11951	+	19 of the cause of death are concluded.
	11952	+	20 (b) If the coroner reasonably suspects the cause of the person's death
	11953	+	21 to be accidental or intentional overdose of a controlled substance (as
	11954	+	22 defined by IC 35-48-1-9), IC 35-48-1.1-7), the coroner shall do the
	11955	+	23 following:
	11956	+	24 (1) Obtain any relevant information about the decedent
	11957	+	25 maintained by the INSPECT program established by
	11958	+	26 IC 25-1-13-4.
	11959	+	27 (2) Extract one (1) or more of the following bodily fluids from the
	11960	+	28 decedent:
	11961	+	29 (A) Blood.
	11962	+	30 (B) Vitreous.
	11963	+	31 (C) Urine.
	11964	+	32 (3) Test a bodily fluid extracted under subdivision (2) to
	11965	+	33 determine whether the bodily fluid contained any amount,
	11966	+	34 including a trace amount, of a controlled substance at the time of
	11967	+	35 the decedent's death.
	11968	+	36 (4) If the coroner reasonably suspects the cause of the person's
	11969	+	37 death to be accidental or intentional overdose of an opioid (as
	11970	+	38 defined in IC 35-48-1-21) IC 35-48-1.1-31) or if the person was
	11971	+	39 administered an overdose intervention drug (as defined in
	11972	+	40 IC 16-18-2-263.9) prior to death and was unresponsive to the
	11973	+	41 overdose intervention drug, the coroner shall test a bodily fluid
	11974	+	42 extracted under subdivision (2) to determine whether the bodily
	11975	+	SB 80—LS 6051/DI 112 279
	11976	+	1 fluid contained any amount, including a trace amount, of xylazine
	11977	+	2 at the time of the decedent's death.
	11978	+	3 (5) Report the results of the test conducted under this subsection
	11979	+	4 to the Indiana department of health after completing the medical
	11980	+	5 investigation of the cause of the decedent's death.
	11981	+	6 (6) Provide the Indiana department of health notice of the
	11982	+	7 decedent's death, including any information related to the
	11983	+	8 controlled substances involved, if any.
	11984	+	9 (c) The coroner:
	11985	+	10 (1) shall file a certificate of death with the county health
	11986	+	11 department, or, if applicable, a multiple county health department,
	11987	+	12 of the county in which the individual died, within seventy-two
	11988	+	13 (72) hours after the completion of the death investigation;
	11989	+	14 (2) shall complete the certificate of death utilizing all verifiable
	11990	+	15 information establishing the time and date of death; and
	11991	+	16 (3) may file a pending investigation certificate of death before
	11992	+	17 completing the certificate of death, if necessary.
	11993	+	18 (d) If this section applies, the body and the scene of death may not
	11994	+	19 be disturbed until:
	11995	+	20 (1) the coroner has photographed them in the manner that most
	11996	+	21 fully discloses how the person died; and
	11997	+	22 (2) law enforcement and the coroner have finished their initial
	11998	+	23 assessment of the scene of death.
	11999	+	24 However, a coroner or law enforcement officer may order a body to be
	12000	+	25 moved before photographs are taken if the position or location of the
	12001	+	26 body unduly interferes with activities carried on where the body is
	12002	+	27 found, but the body may not be moved from the immediate area and
	12003	+	28 must be moved without substantially destroying or altering the
	12004	+	29 evidence present.
	12005	+	30 (e) When acting under this section, if the coroner considers it
	12006	+	31 necessary to have an autopsy performed, is required to perform an
	12007	+	32 autopsy under subsection (g), or is requested by the prosecuting
	12008	+	33 attorney of the county to perform an autopsy, the coroner shall arrange
	12009	+	34 for the autopsy to be performed by a:
	12010	+	35 (1) physician who:
	12011	+	36 (A) is certified by the American Board of Pathology; or
	12012	+	37 (B) holds a subspecialty board certification in forensic
	12013	+	38 pathology from the American Osteopathic Board of Pathology
	12014	+	39 and the American Osteopathic Association; or
	12015	+	40 (2) pathology resident acting under the direct supervision of a
	12016	+	41 physician described in subdivision (1).
	12017	+	42 A physician employed under subdivision (1) to perform the autopsy
	12018	+	SB 80—LS 6051/DI 112 280
	12019	+	1 shall be paid a fee of at least fifty dollars ($50) from the county
	12020	+	2 treasury.
	12021	+	3 (f) If:
	12022	+	4 (1) at the request of:
	12023	+	5 (A) the decedent's spouse;
	12024	+	6 (B) a child of the decedent, if the decedent does not have a
	12025	+	7 spouse;
	12026	+	8 (C) a parent of the decedent, if the decedent does not have a
	12027	+	9 spouse or children;
	12028	+	10 (D) a brother or sister of the decedent, if the decedent does not
	12029	+	11 have a spouse, children, or parents; or
	12030	+	12 (E) a grandparent of the decedent, if the decedent does not
	12031	+	13 have a spouse, children, parents, brothers, or sisters;
	12032	+	14 (2) in any death, two (2) or more witnesses who corroborate the
	12033	+	15 circumstances surrounding death are present; and
	12034	+	16 (3) two (2) physicians who are licensed to practice medicine in
	12035	+	17 the state and who have made separate examinations of the
	12036	+	18 decedent certify the same cause of death in an affidavit within
	12037	+	19 twenty-four (24) hours after death;
	12038	+	20 an autopsy need not be performed. The affidavits shall be filed with the
	12039	+	21 circuit court clerk.
	12040	+	22 (g) A county coroner may not certify the cause of death in the case
	12041	+	23 of the sudden and unexpected death of a child who is less than three (3)
	12042	+	24 years old unless an autopsy is performed at county expense. However,
	12043	+	25 a coroner may certify the cause of death of a child described in this
	12044	+	26 subsection without the performance of an autopsy if subsection (f)
	12045	+	27 applies to the death of the child.
	12046	+	28 (h) After consultation with the law enforcement agency
	12047	+	29 investigating the death of a decedent, the coroner shall do the
	12048	+	30 following:
	12049	+	31 (1) Inform a crematory authority if a person is barred under
	12050	+	32 IC 23-14-31-26(c) from serving as the authorizing agent with
	12051	+	33 respect to the cremation of the decedent's body because the
	12052	+	34 coroner made the determination under IC 23-14-31-26(c)(2) in
	12053	+	35 connection with the death of the decedent.
	12054	+	36 (2) Inform a cemetery owner if a person is barred under
	12055	+	37 IC 23-14-55-2(c) from authorizing the disposition of the body or
	12056	+	38 cremated remains of the decedent because the coroner made the
	12057	+	39 determination under IC 23-14-55-2(c)(2) in connection with the
	12058	+	40 death of the decedent.
	12059	+	41 (3) Inform a seller of prepaid services or merchandise if a person's
	12060	+	42 contract is unenforceable under IC 30-2-13-23(b) because the
	12061	+	SB 80—LS 6051/DI 112 281
	12062	+	1 coroner made the determination under IC 30-2-13-23(b)(4) in
	12063	+	2 connection with the death of the decedent.
	12064	+	3 SECTION 255. IC 36-2-14-18, AS AMENDED BY P.L.31-2019,
	12065	+	4 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	12066	+	5 JULY 1, 2025]: Sec. 18. (a) Notwithstanding IC 5-14-3-4(b)(1), when
	12067	+	6 a coroner investigates a death, the office of the coroner is required to
	12068	+	7 make available for public inspection and copying the following:
	12069	+	8 (1) The name, age, address, sex, and race of the deceased.
	12070	+	9 (2) The address where the dead body was found, or if there is no
	12071	+	10 address the location where the dead body was found and, if
	12072	+	11 different, the address where the death occurred, or if there is no
	12073	+	12 address the location where the death occurred.
	12074	+	13 (3) The name of the agency to which the death was reported and
	12075	+	14 the name of the person reporting the death.
	12076	+	15 (4) The name of any public official or governmental employee
	12077	+	16 present at the scene of the death and the name of the person
	12078	+	17 certifying or pronouncing the death.
	12079	+	18 (5) Information regarding an autopsy (requested or performed)
	12080	+	19 limited to the date, the person who performed the autopsy, where
	12081	+	20 the autopsy was performed, and a conclusion as to:
	12082	+	21 (A) the probable cause of death;
	12083	+	22 (B) the probable manner of death; and
	12084	+	23 (C) the probable mechanism of death.
	12085	+	24 (6) The location to which the body was removed, the person
	12086	+	25 determining the location to which the body was removed, and the
	12087	+	26 authority under which the decision to remove the body was made.
	12088	+	27 (7) The records required to be filed by a coroner under section 6
	12089	+	28 of this chapter and the verdict and the written report required
	12090	+	29 under section 10 of this chapter.
	12091	+	30 (b) A county coroner or a coroner's deputy who receives an
	12092	+	31 investigatory record from a law enforcement agency shall treat the
	12093	+	32 investigatory record with the same confidentiality as the law
	12094	+	33 enforcement agency would treat the investigatory record.
	12095	+	34 (c) Notwithstanding any other provision of this section, a coroner
	12096	+	35 shall make available a full copy of an autopsy report, other than a
	12097	+	36 photograph, a video recording, or an audio recording of the autopsy,
	12098	+	37 upon the written request of a parent of the decedent, an adult child of
	12099	+	38 the decedent, a next of kin of the decedent, or an insurance company
	12100	+	39 investigating a claim arising from the death of the individual upon
	12101	+	40 whom the autopsy was performed. A parent of the decedent, an adult
	12102	+	41 child of the decedent, a next of kin of the decedent, and an insurance
	12103	+	42 company are prohibited from publicly disclosing any information
	12104	+	SB 80—LS 6051/DI 112 282
	12105	+	1 contained in the report beyond that information that may otherwise be
	12106	+	2 disclosed by a coroner under this section. This prohibition does not
	12107	+	3 apply to information disclosed in communications in conjunction with
	12108	+	4 the investigation, settlement, or payment of the claim.
	12109	+	5 (d) Notwithstanding any other provision of this section, a coroner
	12110	+	6 shall make available a full copy of an autopsy report, other than a
	12111	+	7 photograph, a video recording, or an audio recording of the autopsy,
	12112	+	8 upon the written request of:
	12113	+	9 (1) the director of the division of disability and rehabilitative
	12114	+	10 services established by IC 12-9-1-1;
	12115	+	11 (2) the director of the division of mental health and addiction
	12116	+	12 established by IC 12-21-1-1; or
	12117	+	13 (3) the director of the division of aging established by
	12118	+	14 IC 12-9.1-1-1;
	12119	+	15 in connection with a division's review of the circumstances surrounding
	12120	+	16 the death of an individual who received services from a division or
	12121	+	17 through a division at the time of the individual's death.
	12122	+	18 (e) Notwithstanding any other provision of this section, a coroner
	12123	+	19 shall make available, upon written request, a full copy of an autopsy
	12124	+	20 report, including a photograph, a video recording, or an audio recording
	12125	+	21 of the autopsy, to:
	12126	+	22 (1) the department of child services established by IC 31-25-1-1,
	12127	+	23 including an office of the department located in the county where
	12128	+	24 the death occurred;
	12129	+	25 (2) the statewide child fatality review committee established by
	12130	+	26 IC 16-49-4; or
	12131	+	27 (3) a county child fatality review team or regional child fatality
	12132	+	28 review team established under IC 16-49-2 for the area where the
	12133	+	29 death occurred;
	12134	+	30 for purposes of an entity described in subdivisions (1) through (3)
	12135	+	31 conducting a review or an investigation of the circumstances
	12136	+	32 surrounding the death of a child (as defined in IC 16-49-1-2) and
	12137	+	33 making a determination as to whether the death of the child was a
	12138	+	34 result of abuse, abandonment, or neglect. An autopsy report made
	12139	+	35 available under this subsection is confidential and shall not be
	12140	+	36 disclosed to another individual or agency, unless otherwise authorized
	12141	+	37 or required by law.
	12142	+	38 (f) Notwithstanding any other provision of this section, a coroner
	12143	+	39 shall make available, upon written request, a full copy of an autopsy
	12144	+	40 report, including a photograph, a video recording, or an audio recording
	12145	+	41 of the autopsy, to the local fetal-infant mortality review team
	12146	+	42 established under IC 16-49-6 for purposes of the local fetal-infant
	12147	+	SB 80—LS 6051/DI 112 283
	12148	+	1 mortality review team conducting a review or an investigation of the
	12149	+	2 circumstances surrounding a fetal death or an infant death (as defined
	12150	+	3 in IC 16-49-6). An autopsy report made available under this subsection
	12151	+	4 is confidential and shall not be disclosed to another individual or
	12152	+	5 agency, unless otherwise authorized or required by law.
	12153	+	6 (g) Notwithstanding any other provision of this section, a coroner
	12154	+	7 shall make available, upon written request, a full copy of an autopsy
	12155	+	8 report, including a photograph, a video recording, or an audio recording
	12156	+	9 of the autopsy, to the statewide maternity mortality review committee
	12157	+	10 established under IC 16-50-1.
	12158	+	11 (h) Notwithstanding any other provision of this section, and except
	12159	+	12 as otherwise provided in this subsection, a coroner may make available,
	12160	+	13 upon written request, a full copy of an autopsy report to the peer review
	12161	+	14 committee (as defined in IC 34-6-2-99) IC 34-6-2.1-145) of a hospital
	12162	+	15 at which the decedent was treated immediately before death for
	12163	+	16 purposes of the hospital's peer review activities. An autopsy report
	12164	+	17 made available under this subsection:
	12165	+	18 (1) may not include:
	12166	+	19 (A) a photograph;
	12167	+	20 (B) a video recording; or
	12168	+	21 (C) an audio recording;
	12169	+	22 of the autopsy; and
	12170	+	23 (2) is confidential and may not be disclosed to another individual
	12171	+	24 or agency, unless otherwise authorized or required by law.
	12172	+	25 However, if immediately making available an autopsy report under this
	12173	+	26 subsection will interfere with the coroner's investigation or other legal
	12174	+	27 proceedings related to the decedent's death, the coroner may delay
	12175	+	28 making available the requested autopsy related information until the
	12176	+	29 investigation or other legal proceedings are concluded.
	12177	+	30 (i) Except as provided in subsection (j), the information required to
	12178	+	31 be available under subsection (a) must be completed not later than
	12179	+	32 fourteen (14) days after the completion of:
	12180	+	33 (1) the autopsy report; or
	12181	+	34 (2) if applicable, any other report, including a toxicology report,
	12182	+	35 requested by the coroner as part of the coroner's investigation;
	12183	+	36 whichever is completed last.
	12184	+	37 (j) The prosecuting attorney may petition a circuit or superior court
	12185	+	38 for an order prohibiting the coroner from publicly disclosing the
	12186	+	39 information required in subsection (a). The prosecuting attorney shall
	12187	+	40 serve a copy of the petition on the coroner.
	12188	+	41 (k) Upon receipt of a copy of the petition described in subsection (j),
	12189	+	42 the coroner shall keep the information confidential until the court rules
	12190	+	SB 80—LS 6051/DI 112 284
	12191	+	1 on the petition.
	12192	+	2 (l) The court shall grant a petition filed under subsection (j) if the
	12193	+	3 prosecuting attorney proves by a preponderance of the evidence that
	12194	+	4 public access or dissemination of the information specified in
	12195	+	5 subsection (a) would create a significant risk of harm to the criminal
	12196	+	6 investigation of the death. The court shall state in the order the reasons
	12197	+	7 for granting or denying the petition. An order issued under this
	12198	+	8 subsection must use the least restrictive means and duration possible
	12199	+	9 when restricting access to the information. Information to which access
	12200	+	10 is restricted under this subsection is confidential.
	12201	+	11 (m) Any person may petition the court to modify or terminate an
	12202	+	12 order issued under subsection (l). The petition for modification or
	12203	+	13 termination must allege facts demonstrating that:
	12204	+	14 (1) the public interest will be served by allowing access; and
	12205	+	15 (2) access to the information specified in subsection (a) would not
	12206	+	16 create a significant risk to the criminal investigation of the death.
	12207	+	17 The person petitioning the court for modification or termination shall
	12208	+	18 serve a copy of the petition on the prosecuting attorney and the coroner.
	12209	+	19 (n) Upon receipt of a petition for modification or termination filed
	12210	+	20 under subsection (m), the court may:
	12211	+	21 (1) summarily grant, modify, or dismiss the petition; or
	12212	+	22 (2) set the matter for hearing.
	12213	+	23 If the court sets the matter for hearing, upon the motion of any party or
	12214	+	24 upon the court's own motion, the court may close the hearing to the
	12215	+	25 public.
	12216	+	26 (o) If the person filing the petition for modification or termination
	12217	+	27 proves by a preponderance of the evidence that:
	12218	+	28 (1) the public interest will be served by allowing access; and
	12219	+	29 (2) access to the information specified in subsection (a) would not
	12220	+	30 create a significant risk to the criminal investigation of the death;
	12221	+	31 the court shall modify or terminate its order restricting access to the
	12222	+	32 information. In ruling on a request under this subsection, the court shall
	12223	+	33 state the court's reasons for granting or denying the request.
	12224	+	34 SECTION 256. IC 36-7-4-216, AS AMENDED BY P.L.126-2011,
	12225	+	35 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	12226	+	36 JULY 1, 2025]: Sec. 216. (a) Each citizen member shall be appointed
	12227	+	37 because of the member's knowledge and experience in community
	12228	+	38 affairs, the member's awareness of the social, economic, agricultural,
	12229	+	39 and industrial problems of the area, and the member's interest in the
	12230	+	40 development and integration of the area.
	12231	+	41 (b) A citizen member may not hold:
	12232	+	42 (1) an elected office (as defined in IC 3-5-2-17); IC 3-5-2.1-34);
	12233	+	SB 80—LS 6051/DI 112 285
	12234	+	1 or
	12235	+	2 (2) any other appointed office in municipal, county, or state
	12236	+	3 government;
	12237	+	4 except for membership on the board of zoning appeals as required by
	12238	+	5 section 902 of this chapter and, in the case of an area plan commission,
	12239	+	6 membership on the body from which the member must be appointed
	12240	+	7 under this series.
	12241	+	8 (c) Subject to subsection (d), a citizen member must meet one (1)
	12242	+	9 of the following requirements:
	12243	+	10 (1) The member must be a resident of the jurisdictional area of the
	12244	+	11 plan commission. The member may also be required by statute to
	12245	+	12 reside within an unincorporated area of the jurisdictional area of
	12246	+	13 the plan commission.
	12247	+	14 (2) The member must be a resident of the county and also an
	12248	+	15 owner of real property located in whole or in part in the
	12249	+	16 jurisdictional area of the plan commission. The member may also
	12250	+	17 be required by statute to own real property within an
	12251	+	18 unincorporated area of the jurisdictional area of the plan
	12252	+	19 commission.
	12253	+	20 (d) At least a majority of the total number of citizen members
	12254	+	21 appointed to a plan commission must be residents of the jurisdictional
	12255	+	22 area of the plan commission. The commission shall determine whether
	12256	+	23 a citizen member meets all applicable residency requirements for
	12257	+	24 appointment in accordance with uniform rules prescribed by the
	12258	+	25 commission.
	12259	+	26 SECTION 257. IC 36-7-4-905, AS AMENDED BY P.L.126-2011,
	12260	+	27 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	12261	+	28 JULY 1, 2025]: Sec. 905. (a) None of the members of a board of
	12262	+	29 zoning appeals may hold:
	12263	+	30 (1) an elected office (as defined in IC 3-5-2-17); IC 3-5-2.1-34);
	12264	+	31 or
	12265	+	32 (2) any other appointed office, except as permitted by section 902
	12266	+	33 of this chapter, in municipal, county, or state government.
	12267	+	34 (b) A member of the board of zoning appeals must meet one (1) of
	12268	+	35 the following requirements:
	12269	+	36 (1) The member must be a resident of the jurisdictional area of the
	12270	+	37 board.
	12271	+	38 (2) The member must be a resident of the county and also an
	12272	+	39 owner of real property located in whole or in part in the
	12273	+	40 jurisdictional area of the board.
	12274	+	41 However, at least a majority of the total number of citizen members
	12275	+	42 appointed to the board of zoning appeals must be residents of the
	12276	+	SB 80—LS 6051/DI 112 286
	12277	+	1 jurisdictional area of the board of zoning appeals. The board shall
	12278	+	2 determine whether a member meets all applicable residency
	12279	+	3 requirements for appointment in accordance with uniform rules
	12280	+	4 prescribed by the board.
	12281	+	5 SECTION 258. IC 36-8-12-16, AS AMENDED BY P.L.236-2023,
	12282	+	6 SECTION 201, IS AMENDED TO READ AS FOLLOWS
	12283	+	7 [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) A volunteer fire department
	12284	+	8 that provides service within a jurisdiction served by the department
	12285	+	9 may establish a schedule of charges for the services that the department
	12286	+	10 provides not to exceed the state fire marshal's recommended schedule
	12287	+	11 for services. The volunteer fire department or its agent may collect a
	12288	+	12 service charge according to this schedule from the owner of property
	12289	+	13 that receives service if the following conditions are met:
	12290	+	14 (1) At the following times, the department gives notice under
	12291	+	15 IC 5-3-1-4(d) in each political subdivision served by the
	12292	+	16 department of the amount of the service charge for each service
	12293	+	17 that the department provides:
	12294	+	18 (A) Before the schedule of service charges is initiated.
	12295	+	19 (B) When there is a change in the amount of a service charge.
	12296	+	20 (2) The property owner has not sent written notice to the
	12297	+	21 department to refuse service by the department to the owner's
	12298	+	22 property.
	12299	+	23 (3) The bill for payment of the service charge:
	12300	+	24 (A) is submitted to the property owner in writing within thirty
	12301	+	25 (30) days after the services are provided;
	12302	+	26 (B) includes a copy of a fire incident report in the form
	12303	+	27 prescribed by the state fire marshal, if the service was
	12304	+	28 provided for an event that requires a fire incident report;
	12305	+	29 (C) must contain verification that the bill has been approved
	12306	+	30 by the chief of the volunteer fire department; and
	12307	+	31 (D) must contain language indicating that correspondence
	12308	+	32 from the property owner and any question from the property
	12309	+	33 owner regarding the bill should be directed to the department.
	12310	+	34 (4) Payment is remitted directly to the governmental unit
	12311	+	35 providing the service.
	12312	+	36 (b) A volunteer fire department shall use the revenue collected from
	12313	+	37 the fire service charges under this section:
	12314	+	38 (1) for the purchase of equipment, buildings, and property for
	12315	+	39 firefighting, fire protection, or other emergency services;
	12316	+	40 (2) for deposit in the township firefighting and emergency
	12317	+	41 services fund established under IC 36-8-13-4(a)(1) or the
	12318	+	42 township firefighting fund established under
	12319	+	SB 80—LS 6051/DI 112 287
	12320	+	1 IC 36-8-13-4(a)(2)(A); or
	12321	+	2 (3) to pay principal and interest on a loan made by the department
	12322	+	3 of homeland security established by IC 10-19-2-1 or a division of
	12323	+	4 the department for the purchase of new or used firefighting and
	12324	+	5 other emergency equipment or apparatus.
	12325	+	6 (c) Any administrative fees charged by a fire department's agent
	12326	+	7 must be paid only from fees that are collected and allowed by Indiana
	12327	+	8 law and the fire marshal's schedule of fees.
	12328	+	9 (d) An agent who processes fees on behalf of a fire department shall
	12329	+	10 send all bills, notices, and other related materials to both the fire
	12330	+	11 department and the person being billed for services.
	12331	+	12 (e) All fees allowed by Indiana law and the fire marshal's fee
	12332	+	13 schedule must be itemized separately from any other charges.
	12333	+	14 (f) If at least twenty-five percent (25%) of the money received by a
	12334	+	15 volunteer fire department for providing fire protection or emergency
	12335	+	16 services is received under one (1) or more contracts with one (1) or
	12336	+	17 more political subdivisions (as defined in IC 34-6-2-110),
	12337	+	18 IC 34-6-2.1-155), the legislative body of a contracting political
	12338	+	19 subdivision must approve the schedule of service charges established
	12339	+	20 under subsection (a) before the schedule of service charges is initiated
	12340	+	21 in that political subdivision.
	12341	+	22 (g) A volunteer fire department that:
	12342	+	23 (1) has contracted with a political subdivision to provide fire
	12343	+	24 protection or emergency services; and
	12344	+	25 (2) charges for services under this section;
	12345	+	26 must submit a report to the legislative body of the political subdivision
	12346	+	27 before April 1 of each year indicating the amount of service charges
	12347	+	28 collected during the previous calendar year and how those funds have
	12348	+	29 been expended.
	12349	+	30 (h) The state fire marshal shall annually prepare and publish a
	12350	+	31 recommended schedule of service charges for fire protection services.
	12351	+	32 (i) The volunteer fire department or its agent may maintain a civil
	12352	+	33 action to recover an unpaid service charge under this section and may,
	12353	+	34 if it prevails, recover all costs of the action, including reasonable
	12354	+	35 attorney's fees.
	12355	+	36 SECTION 259. IC 36-8-12-17, AS AMENDED BY P.L.236-2023,
	12356	+	37 SECTION 202, IS AMENDED TO READ AS FOLLOWS
	12357	+	38 [EFFECTIVE JULY 1, 2025]: Sec. 17. (a) If a political subdivision has
	12358	+	39 not imposed its own false alarm fee or service charge, a volunteer fire
	12359	+	40 department that provides service within the jurisdiction may establish
	12360	+	41 a service charge for responding to false alarms. The volunteer fire
	12361	+	42 department may collect the false alarm service charge from the owner
	12362	+	SB 80—LS 6051/DI 112 288
	12363	+	1 of the property if the volunteer fire department dispatches firefighting
	12364	+	2 apparatus or personnel to a building or premises in the township in
	12365	+	3 response to:
	12366	+	4 (1) an alarm caused by improper installation or improper
	12367	+	5 maintenance; or
	12368	+	6 (2) a drill or test, if the fire department is not previously notified
	12369	+	7 that the alarm is a drill or test.
	12370	+	8 However, if the owner of property that constitutes the owner's residence
	12371	+	9 establishes that the alarm is under a maintenance contract with an
	12372	+	10 alarm company and that the alarm company has been notified of the
	12373	+	11 improper installation or maintenance of the alarm, the alarm company
	12374	+	12 is liable for the payment of the fee or service charge.
	12375	+	13 (b) Before establishing a false alarm service charge, the volunteer
	12376	+	14 fire department must provide notice under IC 5-3-1-4(d) in each
	12377	+	15 political subdivision served by the department of the amount of the
	12378	+	16 false alarm service charge. The notice required by this subsection must
	12379	+	17 be given:
	12380	+	18 (1) before the false alarm service charge is initiated; and
	12381	+	19 (2) before a change in the amount of the false alarm service
	12382	+	20 charge.
	12383	+	21 (c) A volunteer fire department may not collect a false alarm service
	12384	+	22 charge from a property owner or alarm company unless the
	12385	+	23 department's bill for payment of the service charge:
	12386	+	24 (1) is submitted to the property owner in writing within thirty (30)
	12387	+	25 days after the false alarm; and
	12388	+	26 (2) includes a copy of a fire incident report in the form prescribed
	12389	+	27 by the state fire marshal.
	12390	+	28 (d) A volunteer fire department shall use the money collected from
	12391	+	29 the false alarm service charge imposed under this section:
	12392	+	30 (1) for the purchase of equipment, buildings, and property for fire
	12393	+	31 fighting, fire protection, or other emergency services;
	12394	+	32 (2) for deposit in the township firefighting and emergency
	12395	+	33 services fund established under IC 36-8-13-4(a)(1) or the
	12396	+	34 township firefighting fund established under
	12397	+	35 IC 36-8-13-4(a)(2)(A); or
	12398	+	36 (3) to pay principal and interest on a loan made by the department
	12399	+	37 of homeland security established by IC 10-19-2-1 or a division of
	12400	+	38 the department for the purchase of new or used firefighting and
	12401	+	39 other emergency equipment or apparatus.
	12402	+	40 (e) If at least twenty-five percent (25%) of the money received by a
	12403	+	41 volunteer fire department for providing fire protection or emergency
	12404	+	42 services is received under one (1) or more contracts with one (1) or
	12405	+	SB 80—LS 6051/DI 112 289
	12406	+	1 more political subdivisions (as defined in IC 34-6-2-110),
	12407	+	2 IC 34-6-2.1-155), the legislative body of a contracting political
	12408	+	3 subdivision must approve the false alarm service charge established
	12409	+	4 under subsection (a) before the service charge is initiated in that
	12410	+	5 political subdivision.
	12411	+	6 (f) A volunteer fire department that:
	12412	+	7 (1) has contracted with a political subdivision to provide fire
	12413	+	8 protection or emergency services; and
	12414	+	9 (2) imposes a false alarm service charge under this section;
	12415	+	10 must submit a report to the legislative body of the political subdivision
	12416	+	11 before April 1 of each year indicating the amount of false alarm
	12417	+	12 charges collected during the previous calendar year and how those
	12418	+	13 funds have been expended.
	12419	+	14 (g) The volunteer fire department may maintain a civil action to
	12420	+	15 recover unpaid false alarm service charges imposed under this section
	12421	+	16 and may, if it prevails, recover all costs of the action, including
	12422	+	17 reasonable attorney's fees.
	12423	+	SB 80—LS 6051/DI 112 290
12435	12424		COMMITTEE REPORT
12436	12425		Madam President: The Senate Committee on Judiciary, to which
12437	12426		was referred Senate Bill No. 80, has had the same under consideration
12438	12427		and begs leave to report the same back to the Senate with the
12439	12428		recommendation that said bill DO PASS.
12440	12429		(Reference is to SB 80 as introduced.)
12441	12430
12442	12431		BROWN L, Chairperson
12443	12432		Committee Vote: Yeas 9, Nays 0
12444		-	_____
12445		-	COMMITTEE REPORT
12446		-	Mr. Speaker: Your Committee on Judiciary, to which was referred
12447		-	Senate Bill 80, has had the same under consideration and begs leave to
12448		-	report the same back to the House with the recommendation that said
12449		-	bill be amended as follows:
12450		-	Page 87, line 19, delete "AS ADDED BY P.L.30-2019," and insert
12451		-	"AS AMENDED BY THE TECHNICAL CORRECTIONS BILL OF
12452		-	THE 2025 GENERAL ASSEMBLY,".
12453		-	Page 87, line 20, delete "SECTION 19,".
12454		-	Page 89, line 10, delete "P.L.45-2022," and insert "THE
12455		-	TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
12456		-	ASSEMBLY,".
12457		-	Page 89, line 11, delete "SECTION 1,".
12458		-	Page 110, line 2, delete "P.L.235-2023," and insert "THE
12459		-	TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
12460		-	ASSEMBLY,".
12461		-	Page 110, line 3, delete "SECTION 1,".
12462		-	Page 110, line 20, strike "priced" and insert "price".
12463		-	and when so amended that said bill do pass.
12464		-	(Reference is to SB 80 as printed January 10, 2025.)
12465		-	JETER
12466		-	Committee Vote: yeas 11, nays 0.
12467		-	ES 80—LS 6051/DI 112
	12433	+	SB 80—LS 6051/DI 112