Indiana 2025 Regular Session

Indiana Senate Bill SB0419 Compare Versions

OldNewDifferences
1-*SB0419.2*
2-Reprinted
3-February 18, 2025
1+*SB0419.1*
2+February 14, 2025
43 SENATE BILL No. 419
54 _____
6-DIGEST OF SB 419 (Updated February 17, 2025 3:11 pm - DI 106)
5+DIGEST OF SB 419 (Updated February 11, 2025 1:04 pm - DI 106)
76 Citations Affected: IC 5-2; IC 5-14; IC 27-10; IC 35-31.5;
8-IC 35-40.5; IC 35-42.
7+IC 35-40.5; IC 35-42; IC 35-44.1; IC 35-45; IC 35-46.
98 Synopsis: Crimes against health care providers. Defines "health care
109 provider". Provides that the offense of battery is a Level 6 felony if it
11-is committed against a health care provider, and a Level 5 felony if it
12-is committed against a health care provider by placing bodily fluids or
13-waste on the health care provider.
10+is committed against a health care provider while the health care
11+provider is acting within the scope of the health care provider's duties.
12+Provides that the offense of battery is a Level 5 felony if it is committed
13+against a health care provider while the health care provider is acting
14+within the scope of the health care provider's duties and: (1) it results
15+in bodily injury to the health care provider; or (2) the person places
16+bodily fluids or waste on the health care provider. Provides that the
17+offense of intimidation is a Level 5 felony if the subject of the threat or
18+the person to whom the threat is communicated is a health care
19+provider and the threat relates to the person's status as a health care
20+provider. Provides, for purposes of criminal statutes regarding offenses
21+involving critical infrastructure, that a communications services facility
22+includes wires and equipment used to provide communications service
23+to a customer. Makes conforming changes.
1424 Effective: July 1, 2025.
1525 Carrasco, Johnson T, Walker K,
1626 Ford J.D., Alting, Doriot, Niezgodski,
17-Bohacek, Randolph Lonnie M
27+Bohacek
1828 January 13, 2025, read first time and referred to Committee on Corrections and Criminal
1929 Law.
2030 February 13, 2025, amended, reported favorably — Do Pass.
21-February 17, 2025, read second time, amended, ordered engrossed.
22-SB 419—LS 6704/DI 149 Reprinted
23-February 18, 2025
31+SB 419—LS 6704/DI 149 February 14, 2025
2432 First Regular Session of the 124th General Assembly (2025)
2533 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2634 Constitution) is being amended, the text of the existing provision will appear in this style type,
2735 additions will appear in this style type, and deletions will appear in this style type.
2836 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2937 provision adopted), the text of the new provision will appear in this style type. Also, the
3038 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3139 a new provision to the Indiana Code or the Indiana Constitution.
3240 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3341 between statutes enacted by the 2024 Regular Session of the General Assembly.
3442 SENATE BILL No. 419
3543 A BILL FOR AN ACT to amend the Indiana Code concerning
3644 criminal law and procedure.
3745 Be it enacted by the General Assembly of the State of Indiana:
3846 1 SECTION 1. IC 5-2-22-1, AS AMENDED BY P.L.161-2018,
3947 2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4048 3 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
4149 4 chapter:
4250 5 (1) "Crime of child abuse" means:
4351 6 (A) neglect of a dependent (IC 35-46-1-4) if the dependent is
4452 7 a child and the offense is committed under:
4553 8 (i) IC 35-46-1-4(a)(1);
4654 9 (ii) IC 35-46-1-4(a)(2); or
4755 10 (iii) IC 35-46-1-4(a)(3);
4856 11 (B) child selling (IC 35-46-1-4(d));
4957 12 (C) a sex offense (as defined in IC 11-8-8-5.2) committed
5058 13 against a child; or
5159 14 (D) battery against a child under:
5260 15 (i) IC 35-42-2-1(e)(3) IC 35-42-2-1(f)(3) (battery on a
5361 16 child);
5462 17 (ii) IC 35-42-2-1(g)(5)(B) IC 35-42-2-1(h)(5)(B) (battery
5563 SB 419—LS 6704/DI 149 2
5664 1 causing bodily injury to a child);
5765 2 (iii) IC 35-42-2-1(j) IC 35-42-2-1(k) (battery causing
5866 3 serious bodily injury to a child); or
5967 4 (iv) IC 35-42-2-1(k) IC 35-42-2-1(l) (battery resulting in the
6068 5 death of a child).
6169 6 (2) "Office" refers to the office of judicial administration created
6270 7 under IC 33-24-6-1.
6371 8 (3) "Registry" means the child abuse registry established under
6472 9 section 2 of this chapter.
6573 10 SECTION 2. IC 5-14-3-4, AS AMENDED BY P.L.104-2024,
6674 11 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6775 12 JULY 1, 2025]: Sec. 4. (a) The following public records are excepted
6876 13 from section 3 of this chapter and may not be disclosed by a public
6977 14 agency, unless access to the records is specifically required by a state
7078 15 or federal statute or is ordered by a court under the rules of discovery:
7179 16 (1) Those declared confidential by state statute.
7280 17 (2) Those declared confidential by rule adopted by a public
7381 18 agency under specific authority to classify public records as
7482 19 confidential granted to the public agency by statute.
7583 20 (3) Those required to be kept confidential by federal law.
7684 21 (4) Records containing trade secrets.
7785 22 (5) Confidential financial information obtained, upon request,
7886 23 from a person. However, this does not include information that is
7987 24 filed with or received by a public agency pursuant to state statute.
8088 25 (6) Information concerning research, including actual research
8189 26 documents, conducted under the auspices of a state educational
8290 27 institution, including information:
8391 28 (A) concerning any negotiations made with respect to the
8492 29 research; and
8593 30 (B) received from another party involved in the research.
8694 31 (7) Grade transcripts and license examination scores obtained as
8795 32 part of a licensure process.
8896 33 (8) Those declared confidential by or under rules adopted by the
8997 34 supreme court of Indiana.
9098 35 (9) Patient medical records and charts created by a provider,
9199 36 unless the patient gives written consent under IC 16-39 or as
92100 37 provided under IC 16-41-8.
93101 38 (10) Application information declared confidential by the Indiana
94102 39 economic development corporation under IC 5-28.
95103 40 (11) A photograph, a video recording, or an audio recording of an
96104 41 autopsy, except as provided in IC 36-2-14-10.
97105 42 (12) A Social Security number contained in the records of a
98106 SB 419—LS 6704/DI 149 3
99107 1 public agency.
100108 2 (13) The following information that is part of a foreclosure action
101109 3 subject to IC 32-30-10.5:
102110 4 (A) Contact information for a debtor, as described in
103111 5 IC 32-30-10.5-8(d)(1)(B).
104112 6 (B) Any document submitted to the court as part of the debtor's
105113 7 loss mitigation package under IC 32-30-10.5-10(a)(3).
106114 8 (14) The following information obtained from a call made to a
107115 9 fraud hotline established under IC 36-1-8-8.5:
108116 10 (A) The identity of any individual who makes a call to the
109117 11 fraud hotline.
110118 12 (B) A report, transcript, audio recording, or other information
111119 13 concerning a call to the fraud hotline.
112120 14 However, records described in this subdivision may be disclosed
113121 15 to a law enforcement agency, a private university police
114122 16 department, the attorney general, the inspector general, the state
115123 17 examiner, or a prosecuting attorney.
116124 18 (15) Information described in section 5(c)(3)(B) of this chapter
117125 19 that is contained in a daily log or record described in section 5(c)
118126 20 of this chapter for a victim of a crime or delinquent act who is less
119127 21 than eighteen (18) years of age, unless and to the extent that:
120128 22 (A) a parent, guardian, or custodian of the victim consents in
121129 23 writing to public disclosure of the records; and
122130 24 (B) that parent, guardian, or custodian of the victim has not
123131 25 been charged with or convicted of committing a crime against
124132 26 the victim.
125133 27 However, records described in this subdivision may be disclosed
126134 28 to the department of child services.
127135 29 (b) Except as otherwise provided by subsection (a), the following
128136 30 public records shall be excepted from section 3 of this chapter at the
129137 31 discretion of a public agency:
130138 32 (1) Investigatory records of law enforcement agencies or private
131139 33 university police departments. For purposes of this chapter, a law
132140 34 enforcement recording is not an investigatory record. However,
133141 35 information described in subsection (a)(15) contained in a law
134142 36 enforcement recording is exempt from disclosure, unless and to
135143 37 the extent that a parent, guardian, or custodian of the victim
136144 38 consents in writing to public disclosure of the records. However,
137145 39 a parent, guardian, or custodian charged with or convicted of a
138146 40 crime against the victim may not consent to public disclosure of
139147 41 the records. Law enforcement agencies or private university
140148 42 police departments may share investigatory records with:
141149 SB 419—LS 6704/DI 149 4
142150 1 (A) a person who advocates on behalf of a crime victim,
143151 2 including a victim advocate (as defined in IC 35-37-6-3.5) or
144152 3 a victim service provider (as defined in IC 35-37-6-5), for the
145153 4 purposes of providing services to a victim or describing
146154 5 services that may be available to a victim;
147155 6 (B) a school corporation (as defined by IC 20-18-2-16(a)),
148156 7 charter school (as defined by IC 20-24-1-4), or nonpublic
149157 8 school (as defined by IC 20-18-2-12) for the purpose of
150158 9 enhancing the safety or security of a student or a school
151159 10 facility; and
152160 11 (C) the victim services division of the Indiana criminal justice
153161 12 institute under IC 5-2-6-8, for the purposes of conducting an
154162 13 investigation under IC 5-2-6.1-26;
155163 14 without the law enforcement agency or private university police
156164 15 department losing its discretion to keep those records confidential
157165 16 from other records requesters. However, certain law enforcement
158166 17 records must be made available for inspection and copying as
159167 18 provided in section 5 of this chapter.
160168 19 (2) The work product of an attorney representing, pursuant to
161169 20 state employment or an appointment by a public agency:
162170 21 (A) a public agency;
163171 22 (B) the state; or
164172 23 (C) an individual.
165173 24 (3) Test questions, scoring keys, and other examination data used
166174 25 in administering a licensing examination, examination for
167175 26 employment, or academic examination before the examination is
168176 27 given or if it is to be given again.
169177 28 (4) Scores of tests if the person is identified by name and has not
170178 29 consented to the release of the person's scores.
171179 30 (5) The following:
172180 31 (A) Records relating to negotiations between:
173181 32 (i) the Indiana economic development corporation;
174182 33 (ii) the ports of Indiana;
175183 34 (iii) the Indiana state department of agriculture;
176184 35 (iv) the Indiana finance authority;
177185 36 (v) an economic development commission;
178186 37 (vi) the Indiana White River state park development
179187 38 commission;
180188 39 (vii) a local economic development organization that is a
181189 40 nonprofit corporation established under state law whose
182190 41 primary purpose is the promotion of industrial or business
183191 42 development in Indiana, the retention or expansion of
184192 SB 419—LS 6704/DI 149 5
185193 1 Indiana businesses, or the development of entrepreneurial
186194 2 activities in Indiana; or
187195 3 (viii) a governing body of a political subdivision;
188196 4 with industrial, research, or commercial prospects, if the
189197 5 records are created while negotiations are in progress.
190198 6 However, this clause does not apply to records regarding
191199 7 research that is prohibited under IC 16-34.5-1-2 or any other
192200 8 law.
193201 9 (B) Notwithstanding clause (A), the terms of the final offer of
194202 10 public financial resources communicated by the Indiana
195203 11 economic development corporation, the ports of Indiana, the
196204 12 Indiana finance authority, an economic development
197205 13 commission, the Indiana White River state park development
198206 14 commission, or a governing body of a political subdivision to
199207 15 an industrial, a research, or a commercial prospect shall be
200208 16 available for inspection and copying under section 3 of this
201209 17 chapter after negotiations with that prospect have terminated.
202210 18 (C) When disclosing a final offer under clause (B), the Indiana
203211 19 economic development corporation shall certify that the
204212 20 information being disclosed accurately and completely
205213 21 represents the terms of the final offer.
206214 22 (D) Notwithstanding clause (A), an incentive agreement with
207215 23 an incentive recipient shall be available for inspection and
208216 24 copying under section 3 of this chapter after the date the
209217 25 incentive recipient and the Indiana economic development
210218 26 corporation execute the incentive agreement regardless of
211219 27 whether negotiations are in progress with the recipient after
212220 28 that date regarding a modification or extension of the incentive
213221 29 agreement.
214222 30 (6) Records that are intra-agency or interagency advisory or
215223 31 deliberative material, including material developed by a private
216224 32 contractor under a contract with a public agency, that are
217225 33 expressions of opinion or are of a speculative nature, and that are
218226 34 communicated for the purpose of decision making.
219227 35 (7) Diaries, journals, or other personal notes serving as the
220228 36 functional equivalent of a diary or journal.
221229 37 (8) Personnel files of public employees and files of applicants for
222230 38 public employment, except for:
223231 39 (A) the name, compensation, job title, business address,
224232 40 business telephone number, job description, education and
225233 41 training background, previous work experience, or dates of
226234 42 first and last employment of present or former officers or
227235 SB 419—LS 6704/DI 149 6
228236 1 employees of the agency;
229237 2 (B) information relating to the status of any formal charges
230238 3 against the employee; and
231239 4 (C) the factual basis for a disciplinary action in which final
232240 5 action has been taken and that resulted in the employee being
233241 6 suspended, demoted, or discharged.
234242 7 However, all personnel file information shall be made available
235243 8 to the affected employee or the employee's representative. This
236244 9 subdivision does not apply to disclosure of personnel information
237245 10 generally on all employees or for groups of employees without the
238246 11 request being particularized by employee name.
239247 12 (9) Minutes or records of hospital medical staff meetings.
240248 13 (10) Administrative or technical information that would
241249 14 jeopardize a record keeping system, voting system, voter
242250 15 registration system, or security system.
243251 16 (11) Computer programs, computer codes, computer filing
244252 17 systems, and other software that are owned by the public agency
245253 18 or entrusted to it and portions of electronic maps entrusted to a
246254 19 public agency by a utility.
247255 20 (12) Records specifically prepared for discussion or developed
248256 21 during discussion in an executive session under IC 5-14-1.5-6.1.
249257 22 However, this subdivision does not apply to that information
250258 23 required to be available for inspection and copying under
251259 24 subdivision (8).
252260 25 (13) The work product of the legislative services agency under
253261 26 personnel rules approved by the legislative council.
254262 27 (14) The work product of individual members and the partisan
255263 28 staffs of the general assembly.
256264 29 (15) The identity of a donor of a gift made to a public agency if:
257265 30 (A) the donor requires nondisclosure of the donor's identity as
258266 31 a condition of making the gift; or
259267 32 (B) after the gift is made, the donor or a member of the donor's
260268 33 family requests nondisclosure.
261269 34 (16) Library or archival records:
262270 35 (A) which can be used to identify any library patron; or
263271 36 (B) deposited with or acquired by a library upon a condition
264272 37 that the records be disclosed only:
265273 38 (i) to qualified researchers;
266274 39 (ii) after the passing of a period of years that is specified in
267275 40 the documents under which the deposit or acquisition is
268276 41 made; or
269277 42 (iii) after the death of persons specified at the time of the
270278 SB 419—LS 6704/DI 149 7
271279 1 acquisition or deposit.
272280 2 However, nothing in this subdivision shall limit or affect contracts
273281 3 entered into by the Indiana state library pursuant to IC 4-1-6-8.
274282 4 (17) The identity of any person who contacts the bureau of motor
275283 5 vehicles concerning the ability of a driver to operate a motor
276284 6 vehicle safely and the medical records and evaluations made by
277285 7 the bureau of motor vehicles staff or members of the driver
278286 8 licensing medical advisory board regarding the ability of a driver
279287 9 to operate a motor vehicle safely. However, upon written request
280288 10 to the commissioner of the bureau of motor vehicles, the driver
281289 11 must be given copies of the driver's medical records and
282290 12 evaluations.
283291 13 (18) School safety and security measures, plans, and systems,
284292 14 including emergency preparedness plans developed under 511
285293 15 IAC 6.1-2-2.5.
286294 16 (19) A record or a part of a record, the public disclosure of which
287295 17 would have a reasonable likelihood of threatening public safety
288296 18 by exposing a vulnerability to terrorist attack. A record described
289297 19 under this subdivision includes the following:
290298 20 (A) A record assembled, prepared, or maintained to prevent,
291299 21 mitigate, or respond to an act of terrorism under IC 35-47-12-1
292300 22 (before its repeal), an act of agricultural terrorism under
293301 23 IC 35-47-12-2 (before its repeal), or a felony terrorist offense
294302 24 (as defined in IC 35-50-2-18).
295303 25 (B) Vulnerability assessments.
296304 26 (C) Risk planning documents.
297305 27 (D) Needs assessments.
298306 28 (E) Threat assessments.
299307 29 (F) Intelligence assessments.
300308 30 (G) Domestic preparedness strategies.
301309 31 (H) The location of community drinking water wells and
302310 32 surface water intakes.
303311 33 (I) The emergency contact information of emergency
304312 34 responders and volunteers.
305313 35 (J) Infrastructure records that disclose the configuration of
306314 36 critical systems such as voting system and voter registration
307315 37 system critical infrastructure, and communication, electrical,
308316 38 ventilation, water, and wastewater systems.
309317 39 (K) Detailed drawings or specifications of structural elements,
310318 40 floor plans, and operating, utility, or security systems, whether
311319 41 in paper or electronic form, of any building or facility located
312320 42 on an airport (as defined in IC 8-21-1-1) that is owned,
313321 SB 419—LS 6704/DI 149 8
314322 1 occupied, leased, or maintained by a public agency, or any part
315323 2 of a law enforcement recording that captures information
316324 3 about airport security procedures, areas, or systems. A record
317325 4 described in this clause may not be released for public
318326 5 inspection by any public agency without the prior approval of
319327 6 the public agency that owns, occupies, leases, or maintains the
320328 7 airport. Both of the following apply to the public agency that
321329 8 owns, occupies, leases, or maintains the airport:
322330 9 (i) The public agency is responsible for determining whether
323331 10 the public disclosure of a record or a part of a record,
324332 11 including a law enforcement recording, has a reasonable
325333 12 likelihood of threatening public safety by exposing a
326334 13 security procedure, area, system, or vulnerability to terrorist
327335 14 attack.
328336 15 (ii) The public agency must identify a record described
329337 16 under item (i) and clearly mark the record as "confidential
330338 17 and not subject to public disclosure under
331339 18 IC 5-14-3-4(b)(19)(J) without approval of (insert name of
332340 19 submitting public agency)". However, in the case of a law
333341 20 enforcement recording, the public agency must clearly mark
334342 21 the record as "confidential and not subject to public
335343 22 disclosure under IC 5-14-3-4(b)(19)(K) without approval of
336344 23 (insert name of the public agency that owns, occupies,
337345 24 leases, or maintains the airport)".
338346 25 (L) The home address, home telephone number, and
339347 26 emergency contact information for any:
340348 27 (i) emergency management worker (as defined in
341349 28 IC 10-14-3-3);
342350 29 (ii) public safety officer (as defined in IC 35-47-4.5-3);
343351 30 (iii) emergency medical responder (as defined in
344352 31 IC 16-18-2-109.8); or
345353 32 (iv) advanced emergency medical technician (as defined in
346354 33 IC 16-18-2-6.5).
347355 34 (M) Information relating to security measures or precautions
348356 35 used to secure the statewide 911 system under IC 36-8-16.7.
349357 36 This subdivision does not apply to a record or portion of a record
350358 37 pertaining to a location or structure owned or protected by a
351359 38 public agency in the event that an act of terrorism under
352360 39 IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
353361 40 under IC 35-47-12-2 (before its repeal), or a felony terrorist
354362 41 offense (as defined in IC 35-50-2-18) has occurred at that location
355363 42 or structure, unless release of the record or portion of the record
356364 SB 419—LS 6704/DI 149 9
357365 1 would have a reasonable likelihood of threatening public safety
358366 2 by exposing a vulnerability of other locations or structures to
359367 3 terrorist attack.
360368 4 (20) The following personal information concerning a customer
361369 5 of a municipally owned utility (as defined in IC 8-1-2-1):
362370 6 (A) Telephone number.
363371 7 (B) Address.
364372 8 (C) Social Security number.
365373 9 (21) The following personal information about a complainant
366374 10 contained in records of a law enforcement agency:
367375 11 (A) Telephone number.
368376 12 (B) The complainant's address. However, if the complainant's
369377 13 address is the location of the suspected crime, infraction,
370378 14 accident, or complaint reported, the address shall be made
371379 15 available for public inspection and copying.
372380 16 (22) Notwithstanding subdivision (8)(A), the name,
373381 17 compensation, job title, business address, business telephone
374382 18 number, job description, education and training background,
375383 19 previous work experience, or dates of first employment of a law
376384 20 enforcement officer who is operating in an undercover capacity.
377385 21 (23) Records requested by an offender, an agent, or a relative of
378386 22 an offender that:
379387 23 (A) contain personal information relating to:
380388 24 (i) a correctional officer (as defined in IC 5-10-10-1.5);
381389 25 (ii) a probation officer;
382390 26 (iii) a community corrections officer;
383391 27 (iv) a law enforcement officer (as defined in
384392 28 IC 35-31.5-2-185);
385393 29 (v) a judge (as defined in IC 33-38-12-3);
386394 30 (vi) the victim of a crime; or
387395 31 (vii) a family member of a correctional officer, probation
388396 32 officer, community corrections officer, law enforcement
389397 33 officer (as defined in IC 35-31.5-2-185), judge (as defined
390398 34 in IC 33-38-12-3), or victim of a crime; or
391399 35 (B) concern or could affect the security of a jail or correctional
392400 36 facility.
393401 37 For purposes of this subdivision, "agent" means a person who is
394402 38 authorized by an offender to act on behalf of, or at the direction
395403 39 of, the offender, and "relative" has the meaning set forth in
396404 40 IC 35-42-2-1(b). IC 35-42-2-1(c). However, the term "agent"
397405 41 does not include an attorney in good standing admitted to the
398406 42 practice of law in Indiana.
399407 SB 419—LS 6704/DI 149 10
400408 1 (24) Information concerning an individual less than eighteen (18)
401409 2 years of age who participates in a conference, meeting, program,
402410 3 or activity conducted or supervised by a state educational
403411 4 institution, including the following information regarding the
404412 5 individual or the individual's parent or guardian:
405413 6 (A) Name.
406414 7 (B) Address.
407415 8 (C) Telephone number.
408416 9 (D) Electronic mail account address.
409417 10 (25) Criminal intelligence information.
410418 11 (26) The following information contained in a report of unclaimed
411419 12 property under IC 32-34-1.5-18 or in a claim for unclaimed
412420 13 property under IC 32-34-1.5-48:
413421 14 (A) Date of birth.
414422 15 (B) Driver's license number.
415423 16 (C) Taxpayer identification number.
416424 17 (D) Employer identification number.
417425 18 (E) Account number.
418426 19 (27) Except as provided in subdivision (19) and sections 5.1 and
419427 20 5.2 of this chapter, a law enforcement recording. However, before
420428 21 disclosing the recording, the public agency must comply with the
421429 22 obscuring requirements of sections 5.1 and 5.2 of this chapter, if
422430 23 applicable.
423431 24 (28) Records relating to negotiations between a state educational
424432 25 institution and another entity concerning the establishment of a
425433 26 collaborative relationship or venture to advance the research,
426434 27 engagement, or educational mission of the state educational
427435 28 institution, if the records are created while negotiations are in
428436 29 progress. The terms of the final offer of public financial resources
429437 30 communicated by the state educational institution to an industrial,
430438 31 a research, or a commercial prospect shall be available for
431439 32 inspection and copying under section 3 of this chapter after
432440 33 negotiations with that prospect have terminated. However, this
433441 34 subdivision does not apply to records regarding research
434442 35 prohibited under IC 16-34.5-1-2 or any other law.
435443 36 (c) Nothing contained in subsection (b) shall limit or affect the right
436444 37 of a person to inspect and copy a public record required or directed to
437445 38 be made by any statute or by any rule of a public agency.
438446 39 (d) Notwithstanding any other law, a public record that is classified
439447 40 as confidential, other than a record concerning an adoption or patient
440448 41 medical records, shall be made available for inspection and copying
441449 42 seventy-five (75) years after the creation of that record.
442450 SB 419—LS 6704/DI 149 11
443451 1 (e) Only the content of a public record may form the basis for the
444452 2 adoption by any public agency of a rule or procedure creating an
445453 3 exception from disclosure under this section.
446454 4 (f) Except as provided by law, a public agency may not adopt a rule
447455 5 or procedure that creates an exception from disclosure under this
448456 6 section based upon whether a public record is stored or accessed using
449457 7 paper, electronic media, magnetic media, optical media, or other
450458 8 information storage technology.
451459 9 (g) Except as provided by law, a public agency may not adopt a rule
452460 10 or procedure nor impose any costs or liabilities that impede or restrict
453461 11 the reproduction or dissemination of any public record.
454462 12 (h) Notwithstanding subsection (d) and section 7 of this chapter:
455463 13 (1) public records subject to IC 5-15 may be destroyed only in
456464 14 accordance with record retention schedules under IC 5-15; or
457465 15 (2) public records not subject to IC 5-15 may be destroyed in the
458466 16 ordinary course of business.
459467 17 SECTION 3. IC 27-10-2-4.5, AS ADDED BY P.L.147-2022,
460468 18 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
461469 19 JULY 1, 2025]: Sec. 4.5. (a) The following definitions apply
462470 20 throughout this section:
463471 21 (1) "Charitable bail organization" means a business entity, or a
464472 22 nonprofit organization under:
465473 23 (A) the Internal Revenue Code; or
466474 24 (B) Indiana law;
467475 25 that exists for the purpose of paying cash bail for another person.
468476 26 However, the term does not include a person who pays cash bail
469477 27 for three (3) or fewer defendants in any one hundred eighty (180)
470478 28 day period, or a person who pays bail for a relative (as defined in
471479 29 IC 35-42-2-1(b)). IC 35-42-2-1(c)).
472480 30 (2) "Crime of violence" has the meaning set forth in
473481 31 IC 35-50-1-2(a).
474482 32 (b) The commissioner may certify a charitable bail organization if
475483 33 the charitable bail organization:
476484 34 (1) is a business entity, or a nonprofit organization under:
477485 35 (A) the Internal Revenue Code; or
478486 36 (B) Indiana law;
479487 37 (2) is currently registered to do business in Indiana;
480488 38 (3) is located in Indiana; and
481489 39 (4) exists for the purpose of depositing cash bail for an indigent
482490 40 defendant who:
483491 41 (A) is not charged with a crime of violence; or
484492 42 (B) if charged with a felony, does not have a prior conviction
485493 SB 419—LS 6704/DI 149 12
486494 1 for a crime of violence.
487495 2 (c) A person may apply for certification under this section in
488496 3 accordance with rules adopted under this section.
489497 4 (d) The commissioner shall certify a person as a charitable bail
490498 5 organization if the:
491499 6 (1) person pays an application fee of three hundred dollars
492500 7 ($300);
493501 8 (2) person meets the requirements of this section; and
494502 9 (3) person, including an officer or director of the person, has not
495503 10 engaged in conduct that:
496504 11 (A) constitutes fraud, dishonesty, or deception;
497505 12 (B) constitutes malfeasance, misfeasance, or nonfeasance in
498506 13 dealing with money; or
499507 14 (C) resulted in the suspension or revocation of a previous
500508 15 certification.
501509 16 (e) A charitable bail certification is valid for two (2) years from the
502510 17 date of issuance and may be renewed upon payment of a renewal fee
503511 18 of three hundred dollars ($300). If a person applies for renewal before
504512 19 the expiration of the existing certification, the existing certification
505513 20 remains valid until the commissioner renews the certification, or until
506514 21 five (5) days after the commissioner denies the application for renewal.
507515 22 A person is entitled to renewal unless the commissioner denies the
508516 23 application for renewal under subsection (f).
509517 24 (f) The commissioner shall deny, suspend, revoke, or refuse to
510518 25 renew certification for any of the following causes:
511519 26 (1) Any cause for which issuance of the certification could have
512520 27 been refused had it then existed and been known to the
513521 28 commissioner.
514522 29 (2) Violation of any laws of this state in the course of dealings
515523 30 under the certification.
516524 31 (3) Material misstatement, misrepresentation, or fraud in
517525 32 obtaining the certification.
518526 33 (4) Misappropriation, conversion, or unlawful withholding of
519527 34 money belonging to donors or others and received in the conduct
520528 35 of business under the certification.
521529 36 (5) Fraudulent or dishonest practices in the conduct of business
522530 37 under the certification.
523531 38 (6) Willful failure to comply with or willful violation of any
524532 39 proper order or rule of the commissioner.
525533 40 (7) When, in the judgment of the commissioner, the certificate
526534 41 holder has, in the conduct of affairs under the certification,
527535 42 demonstrated:
528536 SB 419—LS 6704/DI 149 13
529537 1 (A) incompetency or untrustworthiness;
530538 2 (B) conduct or practices rendering the certificate holder unfit
531539 3 to carry on charitable bail activities or making the certificate
532540 4 holder's continuance detrimental to the public interest; or
533541 5 (C) that the certificate holder is no longer in good faith
534542 6 carrying on as a charitable bail organization;
535543 7 and for these reasons is found by the commissioner to be a source
536544 8 of detriment, injury, or loss to the public.
537545 9 (8) The listing of the name of the applicant or certificate holder on
538546 10 the most recent tax warrant list supplied to the commissioner by
539547 11 the department of state revenue.
540548 12 (g) A charitable bail organization must comply with all of the
541549 13 following:
542550 14 (1) If the charitable bail organization pays, or intends to pay, bail
543551 15 for more than three (3) individuals in any one hundred eighty
544552 16 (180) day period, the charitable bail organization must be certified
545553 17 by the commissioner under this section before soliciting or
546554 18 accepting donations for bail for another person, and before
547555 19 depositing money for bail for another person.
548556 20 (2) A charitable bail organization may not pay bail for a defendant
549557 21 who:
550558 22 (A) is charged with a crime of violence; or
551559 23 (B) is charged with a felony and has a prior conviction for a
552560 24 crime of violence.
553561 25 (3) A charitable bail organization may not execute a surety bond
554562 26 for a defendant.
555563 27 (4) A charitable bail organization shall, before paying bail for an
556564 28 individual, execute an agreement described in IC 35-33-8-3.2
557565 29 allowing the court to retain all or a part of the bail to pay publicly
558566 30 paid costs of representation and fines, costs, fees, and restitution
559567 31 that the court may order the defendant to pay if the defendant is
560568 32 convicted.
561569 33 (5) A charitable bail organization may not charge a premium or
562570 34 receive any consideration for acting as a charitable bail
563571 35 organization.
564572 36 (h) All fees collected under this section must be deposited in the
565573 37 bail bond enforcement and administration fund created by
566574 38 IC 27-10-5-1.
567575 39 (i) Any authorized employee of a charitable bail organization may
568576 40 only deposit cash bail to the court.
569577 41 (j) If an individual fails to appear, the bail shall be forfeited in the
570578 42 manner described in IC 35-33-8-7 and the court shall take the steps
571579 SB 419—LS 6704/DI 149 14
572580 1 described in IC 35-33-8-8.
573581 2 SECTION 4. IC 35-31.5-2-152, AS ADDED BY P.L.114-2012,
574582 3 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
575583 4 JULY 1, 2025]: Sec. 152. (a) "Health care provider", for purposes
576584 5 of IC 35-42-2-1, has the meaning set forth in IC 35-42-2-1.
577-6 (b) "Health care provider", for purposes of IC 35-46-7, has the
578-7 meaning set forth in IC 35-46-7-1.
579-8 SECTION 5. IC 35-40.5-1-1, AS AMENDED BY P.L.32-2021,
580-9 SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
581-10 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
582-11 article:
583-12 (1) "Law enforcement officer" means any of the following:
584-13 (A) A law enforcement officer (as defined in
585-14 IC 35-31.5-2-185).
586-15 (B) A state educational institution police officer appointed
587-16 under IC 21-39-4.
588-17 (C) A school corporation police officer appointed under
589-18 IC 20-26-16.
590-19 (D) A school resource officer (as defined in IC 20-26-18.2-1).
591-20 (E) A police officer of a private postsecondary educational
592-21 institution whose governing board has appointed the police
593-22 officer under IC 21-17-5-2.
594-23 (2) "Provider" has the meaning set forth in IC 16-21-8-0.2.
595-24 (3) "Relative" has the meaning set forth in IC 35-42-2-1(b).
596-25 IC 35-42-2-1(c).
597-26 (4) "Sexual assault forensic evidence" means the results collected
598-27 from a forensic medical examination of a victim by a provider.
599-28 (5) "State sexual assault response team" means the statewide
600-29 sexual assault response team coordinated by the Indiana
601-30 prosecuting attorneys council and the Indiana criminal justice
602-31 institute.
603-32 (6) "Victim" means an individual:
604-33 (A) who is a victim of sexual assault (as defined in
605-34 IC 5-26.5-1-8); or
606-35 (B) who:
607-36 (i) is a relative of or a person who has had a close personal
608-37 relationship with the individual described under clause (A);
609-38 and
610-39 (ii) is designated by the individual described under clause
611-40 (A) as a representative.
612-41 The term does not include an individual who is accused of
613-42 committing an act of sexual assault (as defined in
585+6 (b) "Health care provider", for purposes of IC 35-45-2-1, has
586+7 the meaning set forth in IC 35-45-2-1.
587+8 (c) "Health care provider", for purposes of IC 35-46-7, has the
588+9 meaning set forth in IC 35-46-7-1.
589+10 SECTION 5. IC 35-31.5-2-330, AS AMENDED BY P.L.5-2022,
590+11 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
591+12 JULY 1, 2025]: Sec. 330. "Threat", for purposes of IC 35-45-2-1, has
592+13 the meaning set forth in IC 35-45-2-1(c). IC 35-45-2-1(d).
593+14 SECTION 6. IC 35-40.5-1-1, AS AMENDED BY P.L.32-2021,
594+15 SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
595+16 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
596+17 article:
597+18 (1) "Law enforcement officer" means any of the following:
598+19 (A) A law enforcement officer (as defined in
599+20 IC 35-31.5-2-185).
600+21 (B) A state educational institution police officer appointed
601+22 under IC 21-39-4.
602+23 (C) A school corporation police officer appointed under
603+24 IC 20-26-16.
604+25 (D) A school resource officer (as defined in IC 20-26-18.2-1).
605+26 (E) A police officer of a private postsecondary educational
606+27 institution whose governing board has appointed the police
607+28 officer under IC 21-17-5-2.
608+29 (2) "Provider" has the meaning set forth in IC 16-21-8-0.2.
609+30 (3) "Relative" has the meaning set forth in IC 35-42-2-1(b).
610+31 IC 35-42-2-1(c).
611+32 (4) "Sexual assault forensic evidence" means the results collected
612+33 from a forensic medical examination of a victim by a provider.
613+34 (5) "State sexual assault response team" means the statewide
614+35 sexual assault response team coordinated by the Indiana
615+36 prosecuting attorneys council and the Indiana criminal justice
616+37 institute.
617+38 (6) "Victim" means an individual:
618+39 (A) who is a victim of sexual assault (as defined in
619+40 IC 5-26.5-1-8); or
620+41 (B) who:
621+42 (i) is a relative of or a person who has had a close personal
614622 SB 419—LS 6704/DI 149 15
615-1 IC 5-26.5-1-8) against the individual described under clause
616-2 (A).
617-3 (7) "Victim advocate" has the meaning set forth in IC 35-37-6-3.5.
618-4 (8) "Victim service provider" has the meaning set forth in
619-5 IC 35-37-6-5.
620-6 SECTION 6. IC 35-42-2-0.5, AS ADDED BY P.L.65-2016,
621-7 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
622-8 JULY 1, 2025]: Sec. 0.5. "Relative", for purposes of IC 35-42-2-1,
623-9 section 1 of this chapter, has the meaning set forth in IC 35-42-2-1(b).
624-10 section 1(c) of this chapter.
625-11 SECTION 7. IC 35-42-2-1, AS AMENDED BY P.L.148-2024,
626-12 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
627-13 JULY 1, 2025]: Sec. 1. (a) As used in this section, "health care
628-14 provider" means an individual who is employed by, in a
629-15 contractual relationship with, or providing services on behalf of:
630-16 (1) an individual;
631-17 (2) a partnership;
632-18 (3) a professional corporation;
633-19 (4) a facility;
634-20 (5) an institution;
635-21 (6) a hospital; or
636-22 (7) any entity;
637-23 that is licensed, certified, or authorized to administer health care
638-24 in the ordinary course of business or practice of the profession.
639-25 (a) (b) As used in this section, "public safety official" means:
640-26 (1) a law enforcement officer, including an alcoholic beverage
641-27 enforcement officer;
642-28 (2) an employee of a penal facility or a juvenile detention facility
643-29 (as defined in IC 31-9-2-71);
644-30 (3) an employee of the department of correction;
645-31 (4) a probation officer;
646-32 (5) a parole officer;
647-33 (6) a community corrections worker;
648-34 (7) a home detention officer;
649-35 (8) a department of child services employee;
650-36 (9) a firefighter;
651-37 (10) an emergency medical services provider;
652-38 (11) a judicial officer;
653-39 (12) a bailiff of any court; or
654-40 (13) a special deputy (as described in IC 36-8-10-10.6).
655-41 (b) (c) As used in this section, "relative" means an individual related
656-42 by blood, half-blood, adoption, marriage, or remarriage, including:
623+1 relationship with the individual described under clause (A);
624+2 and
625+3 (ii) is designated by the individual described under clause
626+4 (A) as a representative.
627+5 The term does not include an individual who is accused of
628+6 committing an act of sexual assault (as defined in
629+7 IC 5-26.5-1-8) against the individual described under clause
630+8 (A).
631+9 (7) "Victim advocate" has the meaning set forth in IC 35-37-6-3.5.
632+10 (8) "Victim service provider" has the meaning set forth in
633+11 IC 35-37-6-5.
634+12 SECTION 7. IC 35-42-2-0.5, AS ADDED BY P.L.65-2016,
635+13 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
636+14 JULY 1, 2025]: Sec. 0.5. "Relative", for purposes of IC 35-42-2-1,
637+15 section 1 of this chapter, has the meaning set forth in IC 35-42-2-1(b).
638+16 section 1(c) of this chapter.
639+17 SECTION 8. IC 35-42-2-1, AS AMENDED BY P.L.148-2024,
640+18 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
641+19 JULY 1, 2025]: Sec. 1. (a) As used in this section, "health care
642+20 provider" means an individual who is employed by, in a
643+21 contractual relationship with, or providing services on behalf of:
644+22 (1) an individual;
645+23 (2) a partnership;
646+24 (3) a professional corporation;
647+25 (4) a facility;
648+26 (5) an institution;
649+27 (6) a hospital; or
650+28 (7) any entity;
651+29 that is licensed, certified, or authorized to administer health care
652+30 in the ordinary course of business or practice of the profession.
653+31 (a) (b) As used in this section, "public safety official" means:
654+32 (1) a law enforcement officer, including an alcoholic beverage
655+33 enforcement officer;
656+34 (2) an employee of a penal facility or a juvenile detention facility
657+35 (as defined in IC 31-9-2-71);
658+36 (3) an employee of the department of correction;
659+37 (4) a probation officer;
660+38 (5) a parole officer;
661+39 (6) a community corrections worker;
662+40 (7) a home detention officer;
663+41 (8) a department of child services employee;
664+42 (9) a firefighter;
657665 SB 419—LS 6704/DI 149 16
658-1 (1) a spouse;
659-2 (2) a parent or stepparent;
660-3 (3) a child or stepchild;
661-4 (4) a grandchild or stepgrandchild;
662-5 (5) a grandparent or stepgrandparent;
663-6 (6) a brother, sister, stepbrother, or stepsister;
664-7 (7) a niece or nephew;
665-8 (8) an aunt or uncle;
666-9 (9) a daughter-in-law or son-in-law;
667-10 (10) a mother-in-law or father-in-law; or
668-11 (11) a first cousin.
669-12 (c) (d) Except as provided in subsections (d) (e) through (k), (l), a
670-13 person who knowingly or intentionally:
671-14 (1) touches another person in a rude, insolent, or angry manner;
672-15 or
673-16 (2) in a rude, insolent, or angry manner places any bodily fluid or
674-17 waste on another person;
675-18 commits battery, a Class B misdemeanor.
676-19 (d) (e) The offense described in subsection (c)(1) (d)(1) or (c)(2)
677-20 (d)(2) is a Class A misdemeanor if it:
678-21 (1) results in bodily injury to any other person; or
679-22 (2) is committed against a member of a foster family home (as
680-23 defined in IC 35-31.5-2-139.3) by a person who is not a resident
681-24 of the foster family home if the person who committed the offense
682-25 is a relative of a person who lived in the foster family home at the
683-26 time of the offense.
684-27 (e) (f) The offense described in subsection (c)(1) (d)(1) or (c)(2)
685-28 (d)(2) is a Level 6 felony if one (1) or more of the following apply:
686-29 (1) The offense results in moderate bodily injury to any other
687-30 person.
688-31 (2) The offense is committed against a:
689-32 (A) public safety official while the official is engaged in the
690-33 official's official duty; or
691-34 (B) health care provider while the health care provider is
692-35 acting within the scope of the health care provider's duties;
693-36 unless the offense is committed by a person detained or
694-37 committed under IC 12-26.
695-38 (3) The offense is committed against a person less than fourteen
696-39 (14) years of age and is committed by a person at least eighteen
697-40 (18) years of age.
698-41 (4) The offense is committed against a person of any age who has
699-42 a mental or physical disability and is committed by a person
666+1 (10) an emergency medical services provider;
667+2 (11) a judicial officer;
668+3 (12) a bailiff of any court; or
669+4 (13) a special deputy (as described in IC 36-8-10-10.6).
670+5 (b) (c) As used in this section, "relative" means an individual related
671+6 by blood, half-blood, adoption, marriage, or remarriage, including:
672+7 (1) a spouse;
673+8 (2) a parent or stepparent;
674+9 (3) a child or stepchild;
675+10 (4) a grandchild or stepgrandchild;
676+11 (5) a grandparent or stepgrandparent;
677+12 (6) a brother, sister, stepbrother, or stepsister;
678+13 (7) a niece or nephew;
679+14 (8) an aunt or uncle;
680+15 (9) a daughter-in-law or son-in-law;
681+16 (10) a mother-in-law or father-in-law; or
682+17 (11) a first cousin.
683+18 (c) (d) Except as provided in subsections (d) (e) through (k), (l), a
684+19 person who knowingly or intentionally:
685+20 (1) touches another person in a rude, insolent, or angry manner;
686+21 or
687+22 (2) in a rude, insolent, or angry manner places any bodily fluid or
688+23 waste on another person;
689+24 commits battery, a Class B misdemeanor.
690+25 (d) (e) The offense described in subsection (c)(1) (d)(1) or (c)(2)
691+26 (d)(2) is a Class A misdemeanor if it:
692+27 (1) results in bodily injury to any other person; or
693+28 (2) is committed against a member of a foster family home (as
694+29 defined in IC 35-31.5-2-139.3) by a person who is not a resident
695+30 of the foster family home if the person who committed the offense
696+31 is a relative of a person who lived in the foster family home at the
697+32 time of the offense.
698+33 (e) (f) The offense described in subsection (c)(1) (d)(1) or (c)(2)
699+34 (d)(2) is a Level 6 felony if one (1) or more of the following apply:
700+35 (1) The offense results in moderate bodily injury to any other
701+36 person.
702+37 (2) The offense is committed against a:
703+38 (A) public safety official while the official is engaged in the
704+39 official's official duty; or
705+40 (B) health care provider while the health care provider is
706+41 acting within the scope of the health care provider's duties;
707+42 unless the offense is committed by a person detained or
700708 SB 419—LS 6704/DI 149 17
701-1 having the care of the person with the mental or physical
702-2 disability, whether the care is assumed voluntarily or because of
703-3 a legal obligation.
704-4 (5) The offense is committed against an endangered adult (as
705-5 defined in IC 12-10-3-2).
706-6 (6) The offense:
707-7 (A) is committed against a member of a foster family home (as
708-8 defined in IC 35-31.5-2-139.3) by a person who is not a
709-9 resident of the foster family home if the person who committed
710-10 the offense is a relative of a person who lived in the foster
711-11 family home at the time of the offense; and
712-12 (B) results in bodily injury to the member of the foster family.
713-13 (f) (g) The offense described in subsection (c)(2) (d)(2) is a Level
714-14 6 felony if the person knew or recklessly failed to know that the bodily
715-15 fluid or waste placed on another person was infected with hepatitis,
716-16 tuberculosis, or human immunodeficiency virus.
717-17 (g) (h) The offense described in subsection (c)(1) (d)(1) or (c)(2)
718-18 (d)(2) is a Level 5 felony if one (1) or more of the following apply:
719-19 (1) The offense results in serious bodily injury to another person.
720-20 (2) The offense is committed with a deadly weapon.
721-21 (3) The offense results in bodily injury to a pregnant woman if the
722-22 person knew of the pregnancy.
723-23 (4) The person has a previous conviction for a battery or
724-24 strangulation offense included in this chapter against the same
725-25 victim.
726-26 (5) The offense results in bodily injury to one (1) or more of the
727-27 following:
728-28 (A) A public safety official while the official is engaged in the
729-29 official's official duties, unless the offense is committed by a
730-30 person detained or committed under IC 12-26.
731-31 (B) A person less than fourteen (14) years of age if the offense
732-32 is committed by a person at least eighteen (18) years of age.
733-33 (C) A person who has a mental or physical disability if the
734-34 offense is committed by an individual having care of the
735-35 person with the disability, regardless of whether the care is
736-36 assumed voluntarily or because of a legal obligation.
737-37 (D) An endangered adult (as defined in IC 12-10-3-2).
738-38 (h) (i) The offense described in subsection (c)(2) (d)(2) is a Level
739-39 5 felony if:
740-40 (1) the person knew or recklessly failed to know that the bodily
741-41 fluid or waste placed on another person was infected with
742-42 hepatitis, tuberculosis, or human immunodeficiency virus; and
709+1 committed under IC 12-26.
710+2 (3) The offense is committed against a person less than fourteen
711+3 (14) years of age and is committed by a person at least eighteen
712+4 (18) years of age.
713+5 (4) The offense is committed against a person of any age who has
714+6 a mental or physical disability and is committed by a person
715+7 having the care of the person with the mental or physical
716+8 disability, whether the care is assumed voluntarily or because of
717+9 a legal obligation.
718+10 (5) The offense is committed against an endangered adult (as
719+11 defined in IC 12-10-3-2).
720+12 (6) The offense:
721+13 (A) is committed against a member of a foster family home (as
722+14 defined in IC 35-31.5-2-139.3) by a person who is not a
723+15 resident of the foster family home if the person who committed
724+16 the offense is a relative of a person who lived in the foster
725+17 family home at the time of the offense; and
726+18 (B) results in bodily injury to the member of the foster family.
727+19 (f) (g) The offense described in subsection (c)(2) (d)(2) is a Level
728+20 6 felony if the person knew or recklessly failed to know that the bodily
729+21 fluid or waste placed on another person was infected with hepatitis,
730+22 tuberculosis, or human immunodeficiency virus.
731+23 (g) (h) The offense described in subsection (c)(1) (d)(1) or (c)(2)
732+24 (d)(2) is a Level 5 felony if one (1) or more of the following apply:
733+25 (1) The offense results in serious bodily injury to another person.
734+26 (2) The offense is committed with a deadly weapon.
735+27 (3) The offense results in bodily injury to a pregnant woman if the
736+28 person knew of the pregnancy.
737+29 (4) The person has a previous conviction for a battery or
738+30 strangulation offense included in this chapter against the same
739+31 victim.
740+32 (5) The offense results in bodily injury to one (1) or more of the
741+33 following:
742+34 (A) A public safety official while the official is engaged in the
743+35 official's official duties, unless the offense is committed by a
744+36 person detained or committed under IC 12-26.
745+37 (B) A person less than fourteen (14) years of age if the offense
746+38 is committed by a person at least eighteen (18) years of age.
747+39 (C) A person who has a mental or physical disability if the
748+40 offense is committed by an individual having care of the
749+41 person with the disability, regardless of whether the care is
750+42 assumed voluntarily or because of a legal obligation.
743751 SB 419—LS 6704/DI 149 18
744-1 (2) the person placed the bodily fluid or waste on a public safety
745-2 official or a health care provider, unless the offense is
746-3 committed by a person detained or committed under IC 12-26.
747-4 (i) (j) The offense described in subsection (c)(1) (d)(1) or (c)(2)
748-5 (d)(2) is a Level 4 felony if it results in serious bodily injury to an
749-6 endangered adult (as defined in IC 12-10-3-2).
750-7 (j) (k) The offense described in subsection (c)(1) (d)(1) or (c)(2)
751-8 (d)(2) is a Level 3 felony if it results in serious bodily injury to a person
752-9 less than fourteen (14) years of age if the offense is committed by a
753-10 person at least eighteen (18) years of age.
754-11 (k) (l) The offense described in subsection (c)(1) (d)(1) or (c)(2)
755-12 (d)(2) is a Level 2 felony if it results in the death of one (1) or more of
756-13 the following:
757-14 (1) A person less than fourteen (14) years of age if the offense is
758-15 committed by a person at least eighteen (18) years of age.
759-16 (2) An endangered adult (as defined in IC 12-10-3-2).
752+1 (D) An endangered adult (as defined in IC 12-10-3-2).
753+2 (E) A health care provider while the health care provider
754+3 is acting within the scope of the health care provider's
755+4 duties.
756+5 (h) (i) The offense described in subsection (c)(2) (d)(2) is a Level
757+6 5 felony if:
758+7 (1) the person knew or recklessly failed to know that the bodily
759+8 fluid or waste placed on another person was infected with
760+9 hepatitis, tuberculosis, or human immunodeficiency virus; and
761+10 (2) the person placed the bodily fluid or waste on a public safety
762+11 official or a health care provider, unless the offense is
763+12 committed by a person detained or committed under IC 12-26.
764+13 (i) (j) The offense described in subsection (c)(1) (d)(1) or (c)(2)
765+14 (d)(2) is a Level 4 felony if it results in serious bodily injury to an
766+15 endangered adult (as defined in IC 12-10-3-2).
767+16 (j) (k) The offense described in subsection (c)(1) (d)(1) or (c)(2)
768+17 (d)(2) is a Level 3 felony if it results in serious bodily injury to a person
769+18 less than fourteen (14) years of age if the offense is committed by a
770+19 person at least eighteen (18) years of age.
771+20 (k) (l) The offense described in subsection (c)(1) (d)(1) or (c)(2)
772+21 (d)(2) is a Level 2 felony if it results in the death of one (1) or more of
773+22 the following:
774+23 (1) A person less than fourteen (14) years of age if the offense is
775+24 committed by a person at least eighteen (18) years of age.
776+25 (2) An endangered adult (as defined in IC 12-10-3-2).
777+26 SECTION 9. IC 35-44.1-2-2, AS AMENDED BY P.L.209-2023,
778+27 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
779+28 JULY 1, 2025]: Sec. 2. (a) A person who:
780+29 (1) knowingly or intentionally induces, by threat, coercion, false
781+30 statement, or offer of goods, services, or anything of value, a
782+31 witness or informant in a legal proceeding or an administrative or
783+32 criminal investigation to:
784+33 (A) withhold or unreasonably delay in producing any
785+34 testimony, information, document, or thing that the witness or
786+35 informant is legally required to produce;
787+36 (B) avoid legal process summoning the person to testify or
788+37 supply evidence;
789+38 (C) absent the person from a proceeding or investigation to
790+39 which the person has been legally summoned; or
791+40 (D) give a false or materially misleading statement;
792+41 (2) knowingly or intentionally in a legal proceeding or an
793+42 administrative or criminal investigation:
760794 SB 419—LS 6704/DI 149 19
795+1 (A) withholds or unreasonably delays in producing any
796+2 testimony, information, document, or thing after a court orders
797+3 the person to produce the testimony, information, document,
798+4 or thing;
799+5 (B) avoids legal process summoning the person to testify or
800+6 supply evidence; or
801+7 (C) absents the person from a proceeding or investigation to
802+8 which the person has been legally summoned;
803+9 (3) alters, damages, or removes any record, document, or thing,
804+10 with intent to prevent it from being produced or used as evidence
805+11 in any legal proceeding or administrative or criminal
806+12 investigation;
807+13 (4) makes, presents, or uses a false record, document, or thing
808+14 with intent that the record, document, or thing, material to the
809+15 point in question, appear in evidence in a legal proceeding or an
810+16 administrative or criminal investigation to mislead a public
811+17 servant;
812+18 (5) communicates with a juror otherwise than as authorized by
813+19 law, with intent to influence the juror regarding any matter that is
814+20 or may be brought before the juror; or
815+21 (6) being employed by a court or law enforcement agency, notifies
816+22 the subject of a warrant of the warrant, with the intent to interfere
817+23 with the execution of the warrant;
818+24 commits obstruction of justice, a Level 6 felony, except as provided in
819+25 subsection (b).
820+26 (b) Except as provided in subsection (e), the offense is a Level 5
821+27 felony if, during the investigation or pendency of a domestic violence
822+28 or child abuse case under subsection (c), a person knowingly or
823+29 intentionally:
824+30 (1) offers, gives, or promises any benefit to;
825+31 (2) communicates a threat as defined by IC 35-45-2-1(c)
826+32 IC 35-45-2-1(d) to; or
827+33 (3) intimidates, unlawfully influences, or unlawfully persuades;
828+34 any witness to abstain from attending or giving testimony, or to give a
829+35 false or materially misleading statement, at any hearing, trial,
830+36 deposition, probation, or other criminal proceeding or from giving
831+37 testimony or other statements, including giving a false or materially
832+38 misleading statement, to a court or law enforcement officer under
833+39 IC 35-31.5-2-185.
834+40 (c) As used in this section, "domestic violence or child abuse case"
835+41 means any case involving an allegation of:
836+42 (1) the commission of a crime involving domestic or family
837+SB 419—LS 6704/DI 149 20
838+1 violence under IC 35-31.5-2-76 involving a family or household
839+2 member under IC 35-31.5-2-128;
840+3 (2) the commission of a crime of domestic violence under
841+4 IC 35-31.5-2-78 involving a family or household member under
842+5 IC 35-31.5-2-128; or
843+6 (3) physical abuse, sexual abuse, or child neglect, including
844+7 crimes listed under IC 35-31.5-2-76 involving a victim who was
845+8 less than eighteen (18) years of age at the time of the offense,
846+9 whether or not the person is a family or household member under
847+10 IC 35-31.5-2-128.
848+11 (d) Subsection (a)(2)(A) does not apply to:
849+12 (1) a person who qualifies for a special privilege under IC 34-46-4
850+13 with respect to the testimony, information, document, or thing; or
851+14 (2) a person who, as:
852+15 (A) an attorney;
853+16 (B) a physician;
854+17 (C) a member of the clergy; or
855+18 (D) a husband or wife;
856+19 is not required to testify under IC 34-46-3-1.
857+20 (e) Subsections (a) and (b) do not apply to:
858+21 (1) an attorney;
859+22 (2) an investigator;
860+23 (3) a law enforcement officer; or
861+24 (4) a judge;
862+25 engaged in that person's professional or official duties.
863+26 SECTION 10. IC 35-45-2-1, AS AMENDED BY P.L.5-2022,
864+27 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
865+28 JULY 1, 2025]: Sec. 1. (a) As used in this section, "health care
866+29 provider" means an individual who is employed by, in a
867+30 contractual relationship with, or providing services on behalf of:
868+31 (1) an individual;
869+32 (2) a partnership;
870+33 (3) a professional corporation;
871+34 (4) a facility;
872+35 (5) an institution;
873+36 (6) a hospital; or
874+37 (7) any entity;
875+38 that is licensed, certified, or authorized to administer health care
876+39 in the ordinary course of business or practice of the profession.
877+40 (a) (b) A person who communicates a threat with the intent:
878+41 (1) that another person engage in conduct against the other
879+42 person's will;
880+SB 419—LS 6704/DI 149 21
881+1 (2) that another person be placed in fear of retaliation for a prior
882+2 lawful act;
883+3 (3) of:
884+4 (A) causing:
885+5 (i) a dwelling, a building, or other structure; or
886+6 (ii) a vehicle;
887+7 to be evacuated; or
888+8 (B) interfering with the occupancy of:
889+9 (i) a dwelling, building, or other structure; or
890+10 (ii) a vehicle; or
891+11 (4) that another person be placed in fear that the threat will be
892+12 carried out, if the threat is a threat described in:
893+13 (A) subsection (c)(1) (d)(1) through (c)(5); (d)(5); or
894+14 (B) subsection (c)(7) (d)(7) through (c)(8); (d)(8);
895+15 commits intimidation, a Class A misdemeanor.
896+16 (b) (c) However, the offense is a:
897+17 (1) Level 6 felony if:
898+18 (A) the threat is to commit a forcible felony;
899+19 (B) the subject of the threat or the person to whom the threat
900+20 is communicated is a witness (or the spouse or child of a
901+21 witness) in any pending criminal proceeding against the
902+22 person making the threat;
903+23 (C) the threat is communicated because of the occupation,
904+24 profession, employment status, or ownership status of a person
905+25 or the threat relates to or is made in connection with the
906+26 occupation, profession, employment status, or ownership
907+27 status of a person;
908+28 (D) the person has a prior unrelated conviction for an offense
909+29 under this section concerning the same victim; or
910+30 (E) the threat is communicated using property, including
911+31 electronic equipment or systems, of a school corporation or
912+32 other governmental entity; and
913+33 (2) Level 5 felony if:
914+34 (A) while committing it, the person draws or uses a deadly
915+35 weapon;
916+36 (B) the subject of the threat or the person to whom the threat
917+37 is communicated is a:
918+38 (i) is a judicial officer or bailiff of any court; or
919+39 (ii) is a prosecuting attorney or a deputy prosecuting
920+40 attorney; or
921+41 (iii) health care provider;
922+42 and the threat relates to the person's status as a judicial officer,
923+SB 419—LS 6704/DI 149 22
924+1 bailiff, prosecuting attorney, or deputy prosecuting attorney, or
925+2 health care provider, or is made in connection with the
926+3 official duties of the judicial officer, bailiff, prosecuting
927+4 attorney, or deputy prosecuting attorney, or health care
928+5 provider; or
929+6 (C) the threat is:
930+7 (i) to commit terrorism; or
931+8 (ii) made in furtherance of an act of terrorism.
932+9 (c) (d) "Threat" means an expression, by words or action, of an
933+10 intention to:
934+11 (1) unlawfully injure the person threatened or another person, or
935+12 damage property;
936+13 (2) unlawfully subject a person to physical confinement or
937+14 restraint;
938+15 (3) commit a crime;
939+16 (4) unlawfully withhold official action, or cause such withholding;
940+17 (5) unlawfully withhold testimony or information with respect to
941+18 another person's legal claim or defense, except for a reasonable
942+19 claim for witness fees or expenses;
943+20 (6) expose the person threatened to hatred, contempt, disgrace, or
944+21 ridicule;
945+22 (7) falsely harm the credit or business reputation of a person; or
946+23 (8) cause the evacuation of a dwelling, a building, another
947+24 structure, or a vehicle. For purposes of this subdivision, the term
948+25 includes an expression that would cause a reasonable person to
949+26 consider the evacuation of a dwelling, a building, another
950+27 structure, or a vehicle, even if the dwelling, building, structure, or
951+28 vehicle is not evacuated.
952+29 SECTION 11. IC 35-46-10-1, AS ADDED BY P.L.276-2019,
953+30 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
954+31 JULY 1, 2025]: Sec. 1. (a) As used in this chapter, "critical
955+32 infrastructure facility" means any of the following:
956+33 (1) A chemical manufacturing facility.
957+34 (2) A refinery.
958+35 (3) A steelmaking facility.
959+36 (4) An aluminum manufacturing facility.
960+37 (5) An electric utility facility, including:
961+38 (A) a power plant;
962+39 (B) a power generation facility peaker;
963+40 (C) an electric transmission facility;
964+41 (D) an electric station or substation; or
965+42 (E) any other facility used to support the generation,
966+SB 419—LS 6704/DI 149 23
967+1 transmission, or distribution of electricity.
968+2 However, the term does not include electric transmission land or
969+3 right-of-way that is not completely enclosed, posted, and
970+4 maintained by the electric utility.
971+5 (6) A water intake structure or water treatment facility.
972+6 (7) A natural gas utility facility, including:
973+7 (A) an age station;
974+8 (B) a compressor station;
975+9 (C) an odorization facility;
976+10 (D) a main line valve;
977+11 (E) a natural gas storage facility; or
978+12 (F) any other facility used to support the acquisition,
979+13 transmission, distribution, or storage of natural gas. However,
980+14 the term does not include gas transmission pipeline property
981+15 that is not completely enclosed, posted, and maintained by the
982+16 natural gas utility.
983+17 (8) A gasoline, propane, liquid natural gas (LNG), or other fuel
984+18 terminal or storage facility.
985+19 (9) A transportation facility, including, but not limited to, a port,
986+20 railroad switching yard, or trucking terminal. However, the term
987+21 does not include a railroad track that is not part of a railroad
988+22 switching yard.
989+23 (10) A pulp or paper manufacturing facility.
990+24 (11) A pharmaceutical manufacturing facility.
991+25 (12) A hazardous waste storage, treatment, or disposal facility.
992+26 (13) A crude oil exploration and production equipment or refined
993+27 products storage and distribution facility including, but not
994+28 limited to, valve sites, pipeline interconnections, a pump station,
995+29 a metering station, below or aboveground pipeline or piping, and
996+30 a truck loading or offloading facility.
997+31 (14) A communications services facility, including:
998+32 (A) a central office;
999+33 (B) a cable head end;
1000+34 (C) a cable node; or
1001+35 (D) a cellular telephone tower site; and
1002+36 (E) wires and equipment used to provide communications
1003+37 service to a customer.
1004+38 (15) A dam that is regulated by the department of natural
1005+39 resources.
1006+40 (16) A facility:
1007+41 (A) whose owner or operator is required to submit a risk
1008+42 management plan under the federal Chemical Safety
1009+SB 419—LS 6704/DI 149 24
1010+1 Information, Site Security and Fuels Regulatory Relief Act (42
1011+2 U.S.C. 7412(r)); or
1012+3 (B) identified and regulated by the United States Department
1013+4 of Homeland Security Chemical Facility Anti-Terrorism
1014+5 Standards (CFATS) program.
1015+6 (17) Any aboveground portion of an oil, gas, hazardous liquid, or
1016+7 chemical pipeline, tank, railroad facility, or other storage facility
1017+8 that is completely enclosed, posted, and maintained by the critical
1018+9 infrastructure utility.
1019+10 (18) A facility that is substantially similar to a facility, structure,
1020+11 or station listed in this subsection.
1021+12 (b) As used in this chapter, "critical infrastructure utility" means a
1022+13 person that owns or operates, for public use, any plant, equipment,
1023+14 property, franchise, or license for the production, storage, transmission,
1024+15 sale, or delivery of the items listed in subsection (a).
1025+16 (c) As used in this chapter, "person" has the meaning set forth in
1026+17 IC 35-31.5-2-234(a).
1027+SB 419—LS 6704/DI 149 25
7611028 COMMITTEE REPORT
7621029 Mr. President: The Senate Committee on Corrections and Criminal
7631030 Law, to which was referred Senate Bill No. 419, has had the same
7641031 under consideration and begs leave to report the same back to the
7651032 Senate with the recommendation that said bill be AMENDED as
7661033 follows:
7671034 Page 22, after line 28, begin a new paragraph and insert:
7681035 "SECTION 11. IC 35-46-10-1, AS ADDED BY P.L.276-2019,
7691036 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7701037 JULY 1, 2025]: Sec. 1. (a) As used in this chapter, "critical
7711038 infrastructure facility" means any of the following:
7721039 (1) A chemical manufacturing facility.
7731040 (2) A refinery.
7741041 (3) A steelmaking facility.
7751042 (4) An aluminum manufacturing facility.
7761043 (5) An electric utility facility, including:
7771044 (A) a power plant;
7781045 (B) a power generation facility peaker;
7791046 (C) an electric transmission facility;
7801047 (D) an electric station or substation; or
7811048 (E) any other facility used to support the generation,
7821049 transmission, or distribution of electricity.
7831050 However, the term does not include electric transmission land or
7841051 right-of-way that is not completely enclosed, posted, and
7851052 maintained by the electric utility.
7861053 (6) A water intake structure or water treatment facility.
7871054 (7) A natural gas utility facility, including:
7881055 (A) an age station;
7891056 (B) a compressor station;
7901057 (C) an odorization facility;
7911058 (D) a main line valve;
7921059 (E) a natural gas storage facility; or
7931060 (F) any other facility used to support the acquisition,
7941061 transmission, distribution, or storage of natural gas. However,
7951062 the term does not include gas transmission pipeline property
7961063 that is not completely enclosed, posted, and maintained by the
7971064 natural gas utility.
7981065 (8) A gasoline, propane, liquid natural gas (LNG), or other fuel
7991066 terminal or storage facility.
8001067 (9) A transportation facility, including, but not limited to, a port,
8011068 railroad switching yard, or trucking terminal. However, the term
802-SB 419—LS 6704/DI 149 20
1069+SB 419—LS 6704/DI 149 26
8031070 does not include a railroad track that is not part of a railroad
8041071 switching yard.
8051072 (10) A pulp or paper manufacturing facility.
8061073 (11) A pharmaceutical manufacturing facility.
8071074 (12) A hazardous waste storage, treatment, or disposal facility.
8081075 (13) A crude oil exploration and production equipment or refined
8091076 products storage and distribution facility including, but not
8101077 limited to, valve sites, pipeline interconnections, a pump station,
8111078 a metering station, below or aboveground pipeline or piping, and
8121079 a truck loading or offloading facility.
8131080 (14) A communications services facility, including:
8141081 (A) a central office;
8151082 (B) a cable head end;
8161083 (C) a cable node; or
8171084 (D) a cellular telephone tower site; and
8181085 (E) wires and equipment used to provide communications
8191086 service to a customer.
8201087 (15) A dam that is regulated by the department of natural
8211088 resources.
8221089 (16) A facility:
8231090 (A) whose owner or operator is required to submit a risk
8241091 management plan under the federal Chemical Safety
8251092 Information, Site Security and Fuels Regulatory Relief Act (42
8261093 U.S.C. 7412(r)); or
8271094 (B) identified and regulated by the United States Department
8281095 of Homeland Security Chemical Facility Anti-Terrorism
8291096 Standards (CFATS) program.
8301097 (17) Any aboveground portion of an oil, gas, hazardous liquid, or
8311098 chemical pipeline, tank, railroad facility, or other storage facility
8321099 that is completely enclosed, posted, and maintained by the critical
8331100 infrastructure utility.
8341101 (18) A facility that is substantially similar to a facility, structure,
8351102 or station listed in this subsection.
8361103 (b) As used in this chapter, "critical infrastructure utility" means a
8371104 person that owns or operates, for public use, any plant, equipment,
8381105 property, franchise, or license for the production, storage, transmission,
8391106 sale, or delivery of the items listed in subsection (a).
8401107 (c) As used in this chapter, "person" has the meaning set forth in
8411108 IC 35-31.5-2-234(a).".
8421109 Renumber all SECTIONS consecutively.
8431110 and when so amended that said bill do pass.
844-SB 419—LS 6704/DI 149 21
1111+SB 419—LS 6704/DI 149 27
8451112 (Reference is to SB 419 as introduced.)
8461113 FREEMAN, Chairperson
8471114 Committee Vote: Yeas 7, Nays 1.
848-_____
849-SENATE MOTION
850-Mr. President: I move that Senate Bill 419 be amended to read as
851-follows:
852-Page 14, delete lines 6 through 7.
853-Page 14, line 8, delete "(c)" and insert "(b)".
854-Page 14, delete lines 10 through 13.
855-Page 18, delete lines 2 through 4.
856-Page 18, delete lines 26 through 42.
857-Delete pages 19 through 24.
858-Renumber all SECTIONS consecutively.
859-(Reference is to SB 419 as printed February 14, 2025.)
860-CARRASCO
8611115 SB 419—LS 6704/DI 149