Indiana 2025 Regular Session

Indiana Senate Bill SB0223 Latest Draft

Bill / Introduced Version Filed 01/08/2025

                             
Introduced Version
SENATE BILL No. 223
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DIGEST OF INTRODUCED BILL
Citations Affected:  IC 5-2-6.1.
Synopsis:  Compensation for victims of violent crime. Increases the
compensation payable to victims of violent crimes: (1) for funeral,
burial, or cremation expenses from $5,000 to $7,500; and (2) as an
award to a claimant from $15,000 to $20,000. 
Effective:  July 1, 2025.
Carrasco
January 8, 2025, read first time and referred to Committee on Judiciary.
2025	IN 223—LS 6377/DI 149 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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provision adopted), the text of the new provision will appear in  this  style  type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 223
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-6.1-21.1, AS AMENDED BY P.L.20-2024,
2 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 21.1. (a) This section applies to claims filed with
4 the division after June 30, 2009.
5 (b) This section does not apply to reimbursement for forensic and
6 evidence gathering services provided under section 39 of this chapter.
7 (c) An award may not be made unless the claimant has incurred an
8 out-of-pocket expense that exceeds one hundred dollars ($100) or has
9 incurred loss of income that exceeds one hundred dollars ($100).
10 (d) Subject to subsections (b) and (c), the division may order the
11 payment of compensation under this chapter for any of the following
12 reasonable, documented expenses incurred within one hundred eighty
13 (180) days after the date of the violent crime:
14 (1) Necessary:
15 (A) medical, chiropractic, hospital, dental, optometric, and
16 ambulance services;
17 (B) prescription drugs; and
2025	IN 223—LS 6377/DI 149 2
1 (C) prosthetic devices;
2 that do not exceed the claimant's out-of-pocket expense.
3 (2) Loss of income:
4 (A) the victim would have earned had the victim not died or
5 been injured, if the victim was employed at the time of the
6 violent crime;
7 (B) the parent, guardian, or custodian of a victim who is less
8 than eighteen (18) years of age incurred by taking time off
9 from work to care for the victim; or
10 (C) the spouse of a victim incurred by taking time off from
11 work to care for the victim.
12 A claimant seeking reimbursement under this subdivision must
13 provide the division with proof of employment and current wages.
14 (3) Emergency shelter care expenses, not to exceed the expenses
15 for thirty (30) days, that are incurred for the claimant or a
16 dependent of the claimant to avoid contact with a person who
17 committed the violent crime.
18 (4) Expense incurred for child care, not to exceed one thousand
19 dollars ($1,000), to replace child care the victim would have
20 supplied had the victim not died or been injured.
21 (5) Loss of financial support the victim would have supplied to
22 legal dependents had the victim not died or been injured.
23 (6) Expenses incurred for funeral, burial, or cremation of the
24 victim that do not exceed five seven thousand five hundred
25 dollars ($5,000). ($7,500). The division shall disburse
26 compensation under this subdivision in accordance with
27 guidelines adopted by the division.
28 (7) Outpatient mental health counseling, not to exceed three
29 thousand dollars ($3,000), concerning mental health issues related
30 to the violent crime.
31 (8) Other actual expenses related to bodily injury to or the death
32 of the victim that the division determines are reasonable.
33 (9) Replacement of windows or door locks.
34 (10) Cleanup of the scene of a violent crime.
35 (e) The division shall obtain written verification of all losses and
36 expenses requested under this section before making an award.
37 (f) If a health care provider accepts payment from the division under
38 this chapter, the health care provider may not require the victim to pay
39 a copayment or an additional fee for the provision of services.
40 (g) A health care provider who seeks compensation from the
41 division under this chapter may not simultaneously seek funding for
42 services provided to a victim from any other source.
2025	IN 223—LS 6377/DI 149 3
1 (h) The director may extend the one hundred eighty (180) day
2 compensation period established by subsection (d) for a period not to
3 exceed two (2) years after the date of the violent crime if:
4 (1) the victim or the victim's representative requests the
5 extension; and
6 (2) medical records and other documentation provided by the
7 attending medical providers indicate that an extension is
8 appropriate.
9 (i) The director may extend the one hundred eighty (180) day
10 compensation period established by subsection (d) for outpatient
11 mental health counseling, established by subsection (d)(7) where
12 justice requires, but for a period not to exceed two (2) years.
13 SECTION 2. IC 5-2-6.1-35, AS AMENDED BY P.L.121-2006,
14 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 35. (a) An award to a claimant under this chapter:
16 (1) may not exceed fifteen twenty thousand dollars ($15,000);
17 ($20,000); and
18 (2) may not cover the first one hundred dollars ($100) of the
19 claim.
20 (b) The part of an award covering an unpaid bill shall be made
21 payable to the service provider.
2025	IN 223—LS 6377/DI 149