*SB0419.2*
Reprinted
February 18, 2025
SENATE BILL No. 419
_____
DIGEST OF SB 419 (Updated February 17, 2025 3:11 pm - DI 106)
Citations Affected: IC 5-2; IC 5-14; IC 27-10; IC 35-31.5;
IC 35-40.5; IC 35-42.
Synopsis: Crimes against health care providers. Defines "health care
provider". Provides that the offense of battery is a Level 6 felony if it
is committed against a health care provider, and a Level 5 felony if it
is committed against a health care provider by placing bodily fluids or
waste on the health care provider.
Effective: July 1, 2025.
Carrasco, Johnson T, Walker K,
Ford J.D., Alting, Doriot, Niezgodski,
Bohacek, Randolph Lonnie M
January 13, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
February 13, 2025, amended, reported favorably — Do Pass.
February 17, 2025, read second time, amended, ordered engrossed.
SB 419—LS 6704/DI 149 Reprinted
February 18, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
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. 419
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-22-1, AS AMENDED BY P.L.161-2018,
2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
4 chapter:
5 (1) "Crime of child abuse" means:
6 (A) neglect of a dependent (IC 35-46-1-4) if the dependent is
7 a child and the offense is committed under:
8 (i) IC 35-46-1-4(a)(1);
9 (ii) IC 35-46-1-4(a)(2); or
10 (iii) IC 35-46-1-4(a)(3);
11 (B) child selling (IC 35-46-1-4(d));
12 (C) a sex offense (as defined in IC 11-8-8-5.2) committed
13 against a child; or
14 (D) battery against a child under:
15 (i) IC 35-42-2-1(e)(3) IC 35-42-2-1(f)(3) (battery on a
16 child);
17 (ii) IC 35-42-2-1(g)(5)(B) IC 35-42-2-1(h)(5)(B) (battery
SB 419—LS 6704/DI 149 2
1 causing bodily injury to a child);
2 (iii) IC 35-42-2-1(j) IC 35-42-2-1(k) (battery causing
3 serious bodily injury to a child); or
4 (iv) IC 35-42-2-1(k) IC 35-42-2-1(l) (battery resulting in the
5 death of a child).
6 (2) "Office" refers to the office of judicial administration created
7 under IC 33-24-6-1.
8 (3) "Registry" means the child abuse registry established under
9 section 2 of this chapter.
10 SECTION 2. IC 5-14-3-4, AS AMENDED BY P.L.104-2024,
11 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 4. (a) The following public records are excepted
13 from section 3 of this chapter and may not be disclosed by a public
14 agency, unless access to the records is specifically required by a state
15 or federal statute or is ordered by a court under the rules of discovery:
16 (1) Those declared confidential by state statute.
17 (2) Those declared confidential by rule adopted by a public
18 agency under specific authority to classify public records as
19 confidential granted to the public agency by statute.
20 (3) Those required to be kept confidential by federal law.
21 (4) Records containing trade secrets.
22 (5) Confidential financial information obtained, upon request,
23 from a person. However, this does not include information that is
24 filed with or received by a public agency pursuant to state statute.
25 (6) Information concerning research, including actual research
26 documents, conducted under the auspices of a state educational
27 institution, including information:
28 (A) concerning any negotiations made with respect to the
29 research; and
30 (B) received from another party involved in the research.
31 (7) Grade transcripts and license examination scores obtained as
32 part of a licensure process.
33 (8) Those declared confidential by or under rules adopted by the
34 supreme court of Indiana.
35 (9) Patient medical records and charts created by a provider,
36 unless the patient gives written consent under IC 16-39 or as
37 provided under IC 16-41-8.
38 (10) Application information declared confidential by the Indiana
39 economic development corporation under IC 5-28.
40 (11) A photograph, a video recording, or an audio recording of an
41 autopsy, except as provided in IC 36-2-14-10.
42 (12) A Social Security number contained in the records of a
SB 419—LS 6704/DI 149 3
1 public agency.
2 (13) The following information that is part of a foreclosure action
3 subject to IC 32-30-10.5:
4 (A) Contact information for a debtor, as described in
5 IC 32-30-10.5-8(d)(1)(B).
6 (B) Any document submitted to the court as part of the debtor's
7 loss mitigation package under IC 32-30-10.5-10(a)(3).
8 (14) The following information obtained from a call made to a
9 fraud hotline established under IC 36-1-8-8.5:
10 (A) The identity of any individual who makes a call to the
11 fraud hotline.
12 (B) A report, transcript, audio recording, or other information
13 concerning a call to the fraud hotline.
14 However, records described in this subdivision may be disclosed
15 to a law enforcement agency, a private university police
16 department, the attorney general, the inspector general, the state
17 examiner, or a prosecuting attorney.
18 (15) Information described in section 5(c)(3)(B) of this chapter
19 that is contained in a daily log or record described in section 5(c)
20 of this chapter for a victim of a crime or delinquent act who is less
21 than eighteen (18) years of age, unless and to the extent that:
22 (A) a parent, guardian, or custodian of the victim consents in
23 writing to public disclosure of the records; and
24 (B) that parent, guardian, or custodian of the victim has not
25 been charged with or convicted of committing a crime against
26 the victim.
27 However, records described in this subdivision may be disclosed
28 to the department of child services.
29 (b) Except as otherwise provided by subsection (a), the following
30 public records shall be excepted from section 3 of this chapter at the
31 discretion of a public agency:
32 (1) Investigatory records of law enforcement agencies or private
33 university police departments. For purposes of this chapter, a law
34 enforcement recording is not an investigatory record. However,
35 information described in subsection (a)(15) contained in a law
36 enforcement recording is exempt from disclosure, unless and to
37 the extent that a parent, guardian, or custodian of the victim
38 consents in writing to public disclosure of the records. However,
39 a parent, guardian, or custodian charged with or convicted of a
40 crime against the victim may not consent to public disclosure of
41 the records. Law enforcement agencies or private university
42 police departments may share investigatory records with:
SB 419—LS 6704/DI 149 4
1 (A) a person who advocates on behalf of a crime victim,
2 including a victim advocate (as defined in IC 35-37-6-3.5) or
3 a victim service provider (as defined in IC 35-37-6-5), for the
4 purposes of providing services to a victim or describing
5 services that may be available to a victim;
6 (B) a school corporation (as defined by IC 20-18-2-16(a)),
7 charter school (as defined by IC 20-24-1-4), or nonpublic
8 school (as defined by IC 20-18-2-12) for the purpose of
9 enhancing the safety or security of a student or a school
10 facility; and
11 (C) the victim services division of the Indiana criminal justice
12 institute under IC 5-2-6-8, for the purposes of conducting an
13 investigation under IC 5-2-6.1-26;
14 without the law enforcement agency or private university police
15 department losing its discretion to keep those records confidential
16 from other records requesters. However, certain law enforcement
17 records must be made available for inspection and copying as
18 provided in section 5 of this chapter.
19 (2) The work product of an attorney representing, pursuant to
20 state employment or an appointment by a public agency:
21 (A) a public agency;
22 (B) the state; or
23 (C) an individual.
24 (3) Test questions, scoring keys, and other examination data used
25 in administering a licensing examination, examination for
26 employment, or academic examination before the examination is
27 given or if it is to be given again.
28 (4) Scores of tests if the person is identified by name and has not
29 consented to the release of the person's scores.
30 (5) The following:
31 (A) Records relating to negotiations between:
32 (i) the Indiana economic development corporation;
33 (ii) the ports of Indiana;
34 (iii) the Indiana state department of agriculture;
35 (iv) the Indiana finance authority;
36 (v) an economic development commission;
37 (vi) the Indiana White River state park development
38 commission;
39 (vii) a local economic development organization that is a
40 nonprofit corporation established under state law whose
41 primary purpose is the promotion of industrial or business
42 development in Indiana, the retention or expansion of
SB 419—LS 6704/DI 149 5
1 Indiana businesses, or the development of entrepreneurial
2 activities in Indiana; or
3 (viii) a governing body of a political subdivision;
4 with industrial, research, or commercial prospects, if the
5 records are created while negotiations are in progress.
6 However, this clause does not apply to records regarding
7 research that is prohibited under IC 16-34.5-1-2 or any other
8 law.
9 (B) Notwithstanding clause (A), the terms of the final offer of
10 public financial resources communicated by the Indiana
11 economic development corporation, the ports of Indiana, the
12 Indiana finance authority, an economic development
13 commission, the Indiana White River state park development
14 commission, or a governing body of a political subdivision to
15 an industrial, a research, or a commercial prospect shall be
16 available for inspection and copying under section 3 of this
17 chapter after negotiations with that prospect have terminated.
18 (C) When disclosing a final offer under clause (B), the Indiana
19 economic development corporation shall certify that the
20 information being disclosed accurately and completely
21 represents the terms of the final offer.
22 (D) Notwithstanding clause (A), an incentive agreement with
23 an incentive recipient shall be available for inspection and
24 copying under section 3 of this chapter after the date the
25 incentive recipient and the Indiana economic development
26 corporation execute the incentive agreement regardless of
27 whether negotiations are in progress with the recipient after
28 that date regarding a modification or extension of the incentive
29 agreement.
30 (6) Records that are intra-agency or interagency advisory or
31 deliberative material, including material developed by a private
32 contractor under a contract with a public agency, that are
33 expressions of opinion or are of a speculative nature, and that are
34 communicated for the purpose of decision making.
35 (7) Diaries, journals, or other personal notes serving as the
36 functional equivalent of a diary or journal.
37 (8) Personnel files of public employees and files of applicants for
38 public employment, except for:
39 (A) the name, compensation, job title, business address,
40 business telephone number, job description, education and
41 training background, previous work experience, or dates of
42 first and last employment of present or former officers or
SB 419—LS 6704/DI 149 6
1 employees of the agency;
2 (B) information relating to the status of any formal charges
3 against the employee; and
4 (C) the factual basis for a disciplinary action in which final
5 action has been taken and that resulted in the employee being
6 suspended, demoted, or discharged.
7 However, all personnel file information shall be made available
8 to the affected employee or the employee's representative. This
9 subdivision does not apply to disclosure of personnel information
10 generally on all employees or for groups of employees without the
11 request being particularized by employee name.
12 (9) Minutes or records of hospital medical staff meetings.
13 (10) Administrative or technical information that would
14 jeopardize a record keeping system, voting system, voter
15 registration system, or security system.
16 (11) Computer programs, computer codes, computer filing
17 systems, and other software that are owned by the public agency
18 or entrusted to it and portions of electronic maps entrusted to a
19 public agency by a utility.
20 (12) Records specifically prepared for discussion or developed
21 during discussion in an executive session under IC 5-14-1.5-6.1.
22 However, this subdivision does not apply to that information
23 required to be available for inspection and copying under
24 subdivision (8).
25 (13) The work product of the legislative services agency under
26 personnel rules approved by the legislative council.
27 (14) The work product of individual members and the partisan
28 staffs of the general assembly.
29 (15) The identity of a donor of a gift made to a public agency if:
30 (A) the donor requires nondisclosure of the donor's identity as
31 a condition of making the gift; or
32 (B) after the gift is made, the donor or a member of the donor's
33 family requests nondisclosure.
34 (16) Library or archival records:
35 (A) which can be used to identify any library patron; or
36 (B) deposited with or acquired by a library upon a condition
37 that the records be disclosed only:
38 (i) to qualified researchers;
39 (ii) after the passing of a period of years that is specified in
40 the documents under which the deposit or acquisition is
41 made; or
42 (iii) after the death of persons specified at the time of the
SB 419—LS 6704/DI 149 7
1 acquisition or deposit.
2 However, nothing in this subdivision shall limit or affect contracts
3 entered into by the Indiana state library pursuant to IC 4-1-6-8.
4 (17) The identity of any person who contacts the bureau of motor
5 vehicles concerning the ability of a driver to operate a motor
6 vehicle safely and the medical records and evaluations made by
7 the bureau of motor vehicles staff or members of the driver
8 licensing medical advisory board regarding the ability of a driver
9 to operate a motor vehicle safely. However, upon written request
10 to the commissioner of the bureau of motor vehicles, the driver
11 must be given copies of the driver's medical records and
12 evaluations.
13 (18) School safety and security measures, plans, and systems,
14 including emergency preparedness plans developed under 511
15 IAC 6.1-2-2.5.
16 (19) A record or a part of a record, the public disclosure of which
17 would have a reasonable likelihood of threatening public safety
18 by exposing a vulnerability to terrorist attack. A record described
19 under this subdivision includes the following:
20 (A) A record assembled, prepared, or maintained to prevent,
21 mitigate, or respond to an act of terrorism under IC 35-47-12-1
22 (before its repeal), an act of agricultural terrorism under
23 IC 35-47-12-2 (before its repeal), or a felony terrorist offense
24 (as defined in IC 35-50-2-18).
25 (B) Vulnerability assessments.
26 (C) Risk planning documents.
27 (D) Needs assessments.
28 (E) Threat assessments.
29 (F) Intelligence assessments.
30 (G) Domestic preparedness strategies.
31 (H) The location of community drinking water wells and
32 surface water intakes.
33 (I) The emergency contact information of emergency
34 responders and volunteers.
35 (J) Infrastructure records that disclose the configuration of
36 critical systems such as voting system and voter registration
37 system critical infrastructure, and communication, electrical,
38 ventilation, water, and wastewater systems.
39 (K) Detailed drawings or specifications of structural elements,
40 floor plans, and operating, utility, or security systems, whether
41 in paper or electronic form, of any building or facility located
42 on an airport (as defined in IC 8-21-1-1) that is owned,
SB 419—LS 6704/DI 149 8
1 occupied, leased, or maintained by a public agency, or any part
2 of a law enforcement recording that captures information
3 about airport security procedures, areas, or systems. A record
4 described in this clause may not be released for public
5 inspection by any public agency without the prior approval of
6 the public agency that owns, occupies, leases, or maintains the
7 airport. Both of the following apply to the public agency that
8 owns, occupies, leases, or maintains the airport:
9 (i) The public agency is responsible for determining whether
10 the public disclosure of a record or a part of a record,
11 including a law enforcement recording, has a reasonable
12 likelihood of threatening public safety by exposing a
13 security procedure, area, system, or vulnerability to terrorist
14 attack.
15 (ii) The public agency must identify a record described
16 under item (i) and clearly mark the record as "confidential
17 and not subject to public disclosure under
18 IC 5-14-3-4(b)(19)(J) without approval of (insert name of
19 submitting public agency)". However, in the case of a law
20 enforcement recording, the public agency must clearly mark
21 the record as "confidential and not subject to public
22 disclosure under IC 5-14-3-4(b)(19)(K) without approval of
23 (insert name of the public agency that owns, occupies,
24 leases, or maintains the airport)".
25 (L) The home address, home telephone number, and
26 emergency contact information for any:
27 (i) emergency management worker (as defined in
28 IC 10-14-3-3);
29 (ii) public safety officer (as defined in IC 35-47-4.5-3);
30 (iii) emergency medical responder (as defined in
31 IC 16-18-2-109.8); or
32 (iv) advanced emergency medical technician (as defined in
33 IC 16-18-2-6.5).
34 (M) Information relating to security measures or precautions
35 used to secure the statewide 911 system under IC 36-8-16.7.
36 This subdivision does not apply to a record or portion of a record
37 pertaining to a location or structure owned or protected by a
38 public agency in the event that an act of terrorism under
39 IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
40 under IC 35-47-12-2 (before its repeal), or a felony terrorist
41 offense (as defined in IC 35-50-2-18) has occurred at that location
42 or structure, unless release of the record or portion of the record
SB 419—LS 6704/DI 149 9
1 would have a reasonable likelihood of threatening public safety
2 by exposing a vulnerability of other locations or structures to
3 terrorist attack.
4 (20) The following personal information concerning a customer
5 of a municipally owned utility (as defined in IC 8-1-2-1):
6 (A) Telephone number.
7 (B) Address.
8 (C) Social Security number.
9 (21) The following personal information about a complainant
10 contained in records of a law enforcement agency:
11 (A) Telephone number.
12 (B) The complainant's address. However, if the complainant's
13 address is the location of the suspected crime, infraction,
14 accident, or complaint reported, the address shall be made
15 available for public inspection and copying.
16 (22) Notwithstanding subdivision (8)(A), the name,
17 compensation, job title, business address, business telephone
18 number, job description, education and training background,
19 previous work experience, or dates of first employment of a law
20 enforcement officer who is operating in an undercover capacity.
21 (23) Records requested by an offender, an agent, or a relative of
22 an offender that:
23 (A) contain personal information relating to:
24 (i) a correctional officer (as defined in IC 5-10-10-1.5);
25 (ii) a probation officer;
26 (iii) a community corrections officer;
27 (iv) a law enforcement officer (as defined in
28 IC 35-31.5-2-185);
29 (v) a judge (as defined in IC 33-38-12-3);
30 (vi) the victim of a crime; or
31 (vii) a family member of a correctional officer, probation
32 officer, community corrections officer, law enforcement
33 officer (as defined in IC 35-31.5-2-185), judge (as defined
34 in IC 33-38-12-3), or victim of a crime; or
35 (B) concern or could affect the security of a jail or correctional
36 facility.
37 For purposes of this subdivision, "agent" means a person who is
38 authorized by an offender to act on behalf of, or at the direction
39 of, the offender, and "relative" has the meaning set forth in
40 IC 35-42-2-1(b). IC 35-42-2-1(c). However, the term "agent"
41 does not include an attorney in good standing admitted to the
42 practice of law in Indiana.
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1 (24) Information concerning an individual less than eighteen (18)
2 years of age who participates in a conference, meeting, program,
3 or activity conducted or supervised by a state educational
4 institution, including the following information regarding the
5 individual or the individual's parent or guardian:
6 (A) Name.
7 (B) Address.
8 (C) Telephone number.
9 (D) Electronic mail account address.
10 (25) Criminal intelligence information.
11 (26) The following information contained in a report of unclaimed
12 property under IC 32-34-1.5-18 or in a claim for unclaimed
13 property under IC 32-34-1.5-48:
14 (A) Date of birth.
15 (B) Driver's license number.
16 (C) Taxpayer identification number.
17 (D) Employer identification number.
18 (E) Account number.
19 (27) Except as provided in subdivision (19) and sections 5.1 and
20 5.2 of this chapter, a law enforcement recording. However, before
21 disclosing the recording, the public agency must comply with the
22 obscuring requirements of sections 5.1 and 5.2 of this chapter, if
23 applicable.
24 (28) Records relating to negotiations between a state educational
25 institution and another entity concerning the establishment of a
26 collaborative relationship or venture to advance the research,
27 engagement, or educational mission of the state educational
28 institution, if the records are created while negotiations are in
29 progress. The terms of the final offer of public financial resources
30 communicated by the state educational institution to an industrial,
31 a research, or a commercial prospect shall be available for
32 inspection and copying under section 3 of this chapter after
33 negotiations with that prospect have terminated. However, this
34 subdivision does not apply to records regarding research
35 prohibited under IC 16-34.5-1-2 or any other law.
36 (c) Nothing contained in subsection (b) shall limit or affect the right
37 of a person to inspect and copy a public record required or directed to
38 be made by any statute or by any rule of a public agency.
39 (d) Notwithstanding any other law, a public record that is classified
40 as confidential, other than a record concerning an adoption or patient
41 medical records, shall be made available for inspection and copying
42 seventy-five (75) years after the creation of that record.
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1 (e) Only the content of a public record may form the basis for the
2 adoption by any public agency of a rule or procedure creating an
3 exception from disclosure under this section.
4 (f) Except as provided by law, a public agency may not adopt a rule
5 or procedure that creates an exception from disclosure under this
6 section based upon whether a public record is stored or accessed using
7 paper, electronic media, magnetic media, optical media, or other
8 information storage technology.
9 (g) Except as provided by law, a public agency may not adopt a rule
10 or procedure nor impose any costs or liabilities that impede or restrict
11 the reproduction or dissemination of any public record.
12 (h) Notwithstanding subsection (d) and section 7 of this chapter:
13 (1) public records subject to IC 5-15 may be destroyed only in
14 accordance with record retention schedules under IC 5-15; or
15 (2) public records not subject to IC 5-15 may be destroyed in the
16 ordinary course of business.
17 SECTION 3. IC 27-10-2-4.5, AS ADDED BY P.L.147-2022,
18 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2025]: Sec. 4.5. (a) The following definitions apply
20 throughout this section:
21 (1) "Charitable bail organization" means a business entity, or a
22 nonprofit organization under:
23 (A) the Internal Revenue Code; or
24 (B) Indiana law;
25 that exists for the purpose of paying cash bail for another person.
26 However, the term does not include a person who pays cash bail
27 for three (3) or fewer defendants in any one hundred eighty (180)
28 day period, or a person who pays bail for a relative (as defined in
29 IC 35-42-2-1(b)). IC 35-42-2-1(c)).
30 (2) "Crime of violence" has the meaning set forth in
31 IC 35-50-1-2(a).
32 (b) The commissioner may certify a charitable bail organization if
33 the charitable bail organization:
34 (1) is a business entity, or a nonprofit organization under:
35 (A) the Internal Revenue Code; or
36 (B) Indiana law;
37 (2) is currently registered to do business in Indiana;
38 (3) is located in Indiana; and
39 (4) exists for the purpose of depositing cash bail for an indigent
40 defendant who:
41 (A) is not charged with a crime of violence; or
42 (B) if charged with a felony, does not have a prior conviction
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1 for a crime of violence.
2 (c) A person may apply for certification under this section in
3 accordance with rules adopted under this section.
4 (d) The commissioner shall certify a person as a charitable bail
5 organization if the:
6 (1) person pays an application fee of three hundred dollars
7 ($300);
8 (2) person meets the requirements of this section; and
9 (3) person, including an officer or director of the person, has not
10 engaged in conduct that:
11 (A) constitutes fraud, dishonesty, or deception;
12 (B) constitutes malfeasance, misfeasance, or nonfeasance in
13 dealing with money; or
14 (C) resulted in the suspension or revocation of a previous
15 certification.
16 (e) A charitable bail certification is valid for two (2) years from the
17 date of issuance and may be renewed upon payment of a renewal fee
18 of three hundred dollars ($300). If a person applies for renewal before
19 the expiration of the existing certification, the existing certification
20 remains valid until the commissioner renews the certification, or until
21 five (5) days after the commissioner denies the application for renewal.
22 A person is entitled to renewal unless the commissioner denies the
23 application for renewal under subsection (f).
24 (f) The commissioner shall deny, suspend, revoke, or refuse to
25 renew certification for any of the following causes:
26 (1) Any cause for which issuance of the certification could have
27 been refused had it then existed and been known to the
28 commissioner.
29 (2) Violation of any laws of this state in the course of dealings
30 under the certification.
31 (3) Material misstatement, misrepresentation, or fraud in
32 obtaining the certification.
33 (4) Misappropriation, conversion, or unlawful withholding of
34 money belonging to donors or others and received in the conduct
35 of business under the certification.
36 (5) Fraudulent or dishonest practices in the conduct of business
37 under the certification.
38 (6) Willful failure to comply with or willful violation of any
39 proper order or rule of the commissioner.
40 (7) When, in the judgment of the commissioner, the certificate
41 holder has, in the conduct of affairs under the certification,
42 demonstrated:
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1 (A) incompetency or untrustworthiness;
2 (B) conduct or practices rendering the certificate holder unfit
3 to carry on charitable bail activities or making the certificate
4 holder's continuance detrimental to the public interest; or
5 (C) that the certificate holder is no longer in good faith
6 carrying on as a charitable bail organization;
7 and for these reasons is found by the commissioner to be a source
8 of detriment, injury, or loss to the public.
9 (8) The listing of the name of the applicant or certificate holder on
10 the most recent tax warrant list supplied to the commissioner by
11 the department of state revenue.
12 (g) A charitable bail organization must comply with all of the
13 following:
14 (1) If the charitable bail organization pays, or intends to pay, bail
15 for more than three (3) individuals in any one hundred eighty
16 (180) day period, the charitable bail organization must be certified
17 by the commissioner under this section before soliciting or
18 accepting donations for bail for another person, and before
19 depositing money for bail for another person.
20 (2) A charitable bail organization may not pay bail for a defendant
21 who:
22 (A) is charged with a crime of violence; or
23 (B) is charged with a felony and has a prior conviction for a
24 crime of violence.
25 (3) A charitable bail organization may not execute a surety bond
26 for a defendant.
27 (4) A charitable bail organization shall, before paying bail for an
28 individual, execute an agreement described in IC 35-33-8-3.2
29 allowing the court to retain all or a part of the bail to pay publicly
30 paid costs of representation and fines, costs, fees, and restitution
31 that the court may order the defendant to pay if the defendant is
32 convicted.
33 (5) A charitable bail organization may not charge a premium or
34 receive any consideration for acting as a charitable bail
35 organization.
36 (h) All fees collected under this section must be deposited in the
37 bail bond enforcement and administration fund created by
38 IC 27-10-5-1.
39 (i) Any authorized employee of a charitable bail organization may
40 only deposit cash bail to the court.
41 (j) If an individual fails to appear, the bail shall be forfeited in the
42 manner described in IC 35-33-8-7 and the court shall take the steps
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1 described in IC 35-33-8-8.
2 SECTION 4. IC 35-31.5-2-152, AS ADDED BY P.L.114-2012,
3 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2025]: Sec. 152. (a) "Health care provider", for purposes
5 of IC 35-42-2-1, has the meaning set forth in IC 35-42-2-1.
6 (b) "Health care provider", for purposes of IC 35-46-7, has the
7 meaning set forth in IC 35-46-7-1.
8 SECTION 5. IC 35-40.5-1-1, AS AMENDED BY P.L.32-2021,
9 SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
11 article:
12 (1) "Law enforcement officer" means any of the following:
13 (A) A law enforcement officer (as defined in
14 IC 35-31.5-2-185).
15 (B) A state educational institution police officer appointed
16 under IC 21-39-4.
17 (C) A school corporation police officer appointed under
18 IC 20-26-16.
19 (D) A school resource officer (as defined in IC 20-26-18.2-1).
20 (E) A police officer of a private postsecondary educational
21 institution whose governing board has appointed the police
22 officer under IC 21-17-5-2.
23 (2) "Provider" has the meaning set forth in IC 16-21-8-0.2.
24 (3) "Relative" has the meaning set forth in IC 35-42-2-1(b).
25 IC 35-42-2-1(c).
26 (4) "Sexual assault forensic evidence" means the results collected
27 from a forensic medical examination of a victim by a provider.
28 (5) "State sexual assault response team" means the statewide
29 sexual assault response team coordinated by the Indiana
30 prosecuting attorneys council and the Indiana criminal justice
31 institute.
32 (6) "Victim" means an individual:
33 (A) who is a victim of sexual assault (as defined in
34 IC 5-26.5-1-8); or
35 (B) who:
36 (i) is a relative of or a person who has had a close personal
37 relationship with the individual described under clause (A);
38 and
39 (ii) is designated by the individual described under clause
40 (A) as a representative.
41 The term does not include an individual who is accused of
42 committing an act of sexual assault (as defined in
SB 419—LS 6704/DI 149 15
1 IC 5-26.5-1-8) against the individual described under clause
2 (A).
3 (7) "Victim advocate" has the meaning set forth in IC 35-37-6-3.5.
4 (8) "Victim service provider" has the meaning set forth in
5 IC 35-37-6-5.
6 SECTION 6. IC 35-42-2-0.5, AS ADDED BY P.L.65-2016,
7 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2025]: Sec. 0.5. "Relative", for purposes of IC 35-42-2-1,
9 section 1 of this chapter, has the meaning set forth in IC 35-42-2-1(b).
10 section 1(c) of this chapter.
11 SECTION 7. IC 35-42-2-1, AS AMENDED BY P.L.148-2024,
12 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 1. (a) As used in this section, "health care
14 provider" means an individual who is employed by, in a
15 contractual relationship with, or providing services on behalf of:
16 (1) an individual;
17 (2) a partnership;
18 (3) a professional corporation;
19 (4) a facility;
20 (5) an institution;
21 (6) a hospital; or
22 (7) any entity;
23 that is licensed, certified, or authorized to administer health care
24 in the ordinary course of business or practice of the profession.
25 (a) (b) As used in this section, "public safety official" means:
26 (1) a law enforcement officer, including an alcoholic beverage
27 enforcement officer;
28 (2) an employee of a penal facility or a juvenile detention facility
29 (as defined in IC 31-9-2-71);
30 (3) an employee of the department of correction;
31 (4) a probation officer;
32 (5) a parole officer;
33 (6) a community corrections worker;
34 (7) a home detention officer;
35 (8) a department of child services employee;
36 (9) a firefighter;
37 (10) an emergency medical services provider;
38 (11) a judicial officer;
39 (12) a bailiff of any court; or
40 (13) a special deputy (as described in IC 36-8-10-10.6).
41 (b) (c) As used in this section, "relative" means an individual related
42 by blood, half-blood, adoption, marriage, or remarriage, including:
SB 419—LS 6704/DI 149 16
1 (1) a spouse;
2 (2) a parent or stepparent;
3 (3) a child or stepchild;
4 (4) a grandchild or stepgrandchild;
5 (5) a grandparent or stepgrandparent;
6 (6) a brother, sister, stepbrother, or stepsister;
7 (7) a niece or nephew;
8 (8) an aunt or uncle;
9 (9) a daughter-in-law or son-in-law;
10 (10) a mother-in-law or father-in-law; or
11 (11) a first cousin.
12 (c) (d) Except as provided in subsections (d) (e) through (k), (l), a
13 person who knowingly or intentionally:
14 (1) touches another person in a rude, insolent, or angry manner;
15 or
16 (2) in a rude, insolent, or angry manner places any bodily fluid or
17 waste on another person;
18 commits battery, a Class B misdemeanor.
19 (d) (e) The offense described in subsection (c)(1) (d)(1) or (c)(2)
20 (d)(2) is a Class A misdemeanor if it:
21 (1) results in bodily injury to any other person; or
22 (2) is committed against a member of a foster family home (as
23 defined in IC 35-31.5-2-139.3) by a person who is not a resident
24 of the foster family home if the person who committed the offense
25 is a relative of a person who lived in the foster family home at the
26 time of the offense.
27 (e) (f) The offense described in subsection (c)(1) (d)(1) or (c)(2)
28 (d)(2) is a Level 6 felony if one (1) or more of the following apply:
29 (1) The offense results in moderate bodily injury to any other
30 person.
31 (2) The offense is committed against a:
32 (A) public safety official while the official is engaged in the
33 official's official duty; or
34 (B) health care provider while the health care provider is
35 acting within the scope of the health care provider's duties;
36 unless the offense is committed by a person detained or
37 committed under IC 12-26.
38 (3) The offense is committed against a person less than fourteen
39 (14) years of age and is committed by a person at least eighteen
40 (18) years of age.
41 (4) The offense is committed against a person of any age who has
42 a mental or physical disability and is committed by a person
SB 419—LS 6704/DI 149 17
1 having the care of the person with the mental or physical
2 disability, whether the care is assumed voluntarily or because of
3 a legal obligation.
4 (5) The offense is committed against an endangered adult (as
5 defined in IC 12-10-3-2).
6 (6) The offense:
7 (A) is committed against a member of a foster family home (as
8 defined in IC 35-31.5-2-139.3) by a person who is not a
9 resident of the foster family home if the person who committed
10 the offense is a relative of a person who lived in the foster
11 family home at the time of the offense; and
12 (B) results in bodily injury to the member of the foster family.
13 (f) (g) The offense described in subsection (c)(2) (d)(2) is a Level
14 6 felony if the person knew or recklessly failed to know that the bodily
15 fluid or waste placed on another person was infected with hepatitis,
16 tuberculosis, or human immunodeficiency virus.
17 (g) (h) The offense described in subsection (c)(1) (d)(1) or (c)(2)
18 (d)(2) is a Level 5 felony if one (1) or more of the following apply:
19 (1) The offense results in serious bodily injury to another person.
20 (2) The offense is committed with a deadly weapon.
21 (3) The offense results in bodily injury to a pregnant woman if the
22 person knew of the pregnancy.
23 (4) The person has a previous conviction for a battery or
24 strangulation offense included in this chapter against the same
25 victim.
26 (5) The offense results in bodily injury to one (1) or more of the
27 following:
28 (A) A public safety official while the official is engaged in the
29 official's official duties, unless the offense is committed by a
30 person detained or committed under IC 12-26.
31 (B) A person less than fourteen (14) years of age if the offense
32 is committed by a person at least eighteen (18) years of age.
33 (C) A person who has a mental or physical disability if the
34 offense is committed by an individual having care of the
35 person with the disability, regardless of whether the care is
36 assumed voluntarily or because of a legal obligation.
37 (D) An endangered adult (as defined in IC 12-10-3-2).
38 (h) (i) The offense described in subsection (c)(2) (d)(2) is a Level
39 5 felony if:
40 (1) the person knew or recklessly failed to know that the bodily
41 fluid or waste placed on another person was infected with
42 hepatitis, tuberculosis, or human immunodeficiency virus; and
SB 419—LS 6704/DI 149 18
1 (2) the person placed the bodily fluid or waste on a public safety
2 official or a health care provider, unless the offense is
3 committed by a person detained or committed under IC 12-26.
4 (i) (j) The offense described in subsection (c)(1) (d)(1) or (c)(2)
5 (d)(2) is a Level 4 felony if it results in serious bodily injury to an
6 endangered adult (as defined in IC 12-10-3-2).
7 (j) (k) The offense described in subsection (c)(1) (d)(1) or (c)(2)
8 (d)(2) is a Level 3 felony if it results in serious bodily injury to a person
9 less than fourteen (14) years of age if the offense is committed by a
10 person at least eighteen (18) years of age.
11 (k) (l) The offense described in subsection (c)(1) (d)(1) or (c)(2)
12 (d)(2) is a Level 2 felony if it results in the death of one (1) or more of
13 the following:
14 (1) A person less than fourteen (14) years of age if the offense is
15 committed by a person at least eighteen (18) years of age.
16 (2) An endangered adult (as defined in IC 12-10-3-2).
SB 419—LS 6704/DI 149 19
COMMITTEE REPORT
Mr. President: The Senate Committee on Corrections and Criminal
Law, to which was referred Senate Bill No. 419, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 22, after line 28, begin a new paragraph and insert:
"SECTION 11. IC 35-46-10-1, AS ADDED BY P.L.276-2019,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) As used in this chapter, "critical
infrastructure facility" means any of the following:
(1) A chemical manufacturing facility.
(2) A refinery.
(3) A steelmaking facility.
(4) An aluminum manufacturing facility.
(5) An electric utility facility, including:
(A) a power plant;
(B) a power generation facility peaker;
(C) an electric transmission facility;
(D) an electric station or substation; or
(E) any other facility used to support the generation,
transmission, or distribution of electricity.
However, the term does not include electric transmission land or
right-of-way that is not completely enclosed, posted, and
maintained by the electric utility.
(6) A water intake structure or water treatment facility.
(7) A natural gas utility facility, including:
(A) an age station;
(B) a compressor station;
(C) an odorization facility;
(D) a main line valve;
(E) a natural gas storage facility; or
(F) any other facility used to support the acquisition,
transmission, distribution, or storage of natural gas. However,
the term does not include gas transmission pipeline property
that is not completely enclosed, posted, and maintained by the
natural gas utility.
(8) A gasoline, propane, liquid natural gas (LNG), or other fuel
terminal or storage facility.
(9) A transportation facility, including, but not limited to, a port,
railroad switching yard, or trucking terminal. However, the term
SB 419—LS 6704/DI 149 20
does not include a railroad track that is not part of a railroad
switching yard.
(10) A pulp or paper manufacturing facility.
(11) A pharmaceutical manufacturing facility.
(12) A hazardous waste storage, treatment, or disposal facility.
(13) A crude oil exploration and production equipment or refined
products storage and distribution facility including, but not
limited to, valve sites, pipeline interconnections, a pump station,
a metering station, below or aboveground pipeline or piping, and
a truck loading or offloading facility.
(14) A communications services facility, including:
(A) a central office;
(B) a cable head end;
(C) a cable node; or
(D) a cellular telephone tower site; and
(E) wires and equipment used to provide communications
service to a customer.
(15) A dam that is regulated by the department of natural
resources.
(16) A facility:
(A) whose owner or operator is required to submit a risk
management plan under the federal Chemical Safety
Information, Site Security and Fuels Regulatory Relief Act (42
U.S.C. 7412(r)); or
(B) identified and regulated by the United States Department
of Homeland Security Chemical Facility Anti-Terrorism
Standards (CFATS) program.
(17) Any aboveground portion of an oil, gas, hazardous liquid, or
chemical pipeline, tank, railroad facility, or other storage facility
that is completely enclosed, posted, and maintained by the critical
infrastructure utility.
(18) A facility that is substantially similar to a facility, structure,
or station listed in this subsection.
(b) As used in this chapter, "critical infrastructure utility" means a
person that owns or operates, for public use, any plant, equipment,
property, franchise, or license for the production, storage, transmission,
sale, or delivery of the items listed in subsection (a).
(c) As used in this chapter, "person" has the meaning set forth in
IC 35-31.5-2-234(a).".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
SB 419—LS 6704/DI 149 21
(Reference is to SB 419 as introduced.)
FREEMAN, Chairperson
Committee Vote: Yeas 7, Nays 1.
_____
SENATE MOTION
Mr. President: I move that Senate Bill 419 be amended to read as
follows:
Page 14, delete lines 6 through 7.
Page 14, line 8, delete "(c)" and insert "(b)".
Page 14, delete lines 10 through 13.
Page 18, delete lines 2 through 4.
Page 18, delete lines 26 through 42.
Delete pages 19 through 24.
Renumber all SECTIONS consecutively.
(Reference is to SB 419 as printed February 14, 2025.)
CARRASCO
SB 419—LS 6704/DI 149