IN
Indiana Senate Bill SB0441

Indiana 2025 Regular Session

Indiana Senate Bill SB0441 Compare Versions

Only one version of the bill is available at this time.
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11
22 Introduced Version
33 SENATE BILL No. 441
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 1-1-4-5; IC 9-24-11-5; IC 16-37-2-9;
77 IC 16-37-2-10.
88 Synopsis: Definition of sex and gender; birth certificates. Defines
99 "sex" and "gender" for the purposes of the Indiana Code. States that the
1010 definition of "sex" and "gender" are meant to be synonymous in the
1111 Indiana Code unless specifically defined otherwise and is clarifying
1212 language. Requires the bureau of motor vehicles and the Indiana
1313 department of health (state department) to update the definition of sex
1414 used by the agencies. Requires the state department to: (1) identify
1515 birth certificates issued with a change in sex classification by court
1616 order; (2) change the sex on the birth certificate back to the originating
1717 sex and reissue the birth certificate; and (3) void the superseded
1818 document.
1919 Effective: Upon passage.
2020 Byrne
2121 January 13, 2025, read first time and referred to Committee on Health and Provider
2222 Services.
2323 2025 IN 441—LS 6920/DI 104 Introduced
2424 First Regular Session of the 124th General Assembly (2025)
2525 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2626 Constitution) is being amended, the text of the existing provision will appear in this style type,
2727 additions will appear in this style type, and deletions will appear in this style type.
2828 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2929 provision adopted), the text of the new provision will appear in this style type. Also, the
3030 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3131 a new provision to the Indiana Code or the Indiana Constitution.
3232 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3333 between statutes enacted by the 2024 Regular Session of the General Assembly.
3434 SENATE BILL No. 441
3535 A BILL FOR AN ACT to amend the Indiana Code concerning
3636 general provisions.
3737 Be it enacted by the General Assembly of the State of Indiana:
3838 1 SECTION 1. IC 1-1-4-5, AS AMENDED BY P.L.114-2016,
3939 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4040 3 UPON PASSAGE]: Sec. 5. (a) The following definitions apply to the
4141 4 construction of all Indiana statutes, unless the construction is plainly
4242 5 repugnant to the intent of the general assembly or of the context of the
4343 6 statute:
4444 7 (1) "Adult", "of full age", and "person in his majority" mean a
4545 8 person at least eighteen (18) years of age.
4646 9 (2) "Attorney" includes a counselor or other person authorized to
4747 10 appear and represent a party in an action or special proceeding.
4848 11 (3) "Autism" means a neurological condition as described in the
4949 12 most recent edition of the Diagnostic and Statistical Manual of
5050 13 Mental Disorders of the American Psychiatric Association.
5151 14 (4) "Bond" does not necessarily imply a seal.
5252 15 (5) "Clerk" means the clerk of the court or a person authorized to
5353 16 perform the clerk's duties.
5454 17 (6) "Health record", "hospital record", or "medical record" means
5555 2025 IN 441—LS 6920/DI 104 2
5656 1 written or printed information possessed by a provider (as defined
5757 2 in IC 16-18-2-295) concerning any diagnosis, treatment, or
5858 3 prognosis of the patient, unless otherwise defined. Except as
5959 4 otherwise provided, the terms include mental health records and
6060 5 drug and alcohol abuse records.
6161 6 (7) "Highway" includes county bridges and state and county
6262 7 roads, unless otherwise expressly provided.
6363 8 (8) "Infant" or "minor" means a person less than eighteen (18)
6464 9 years of age.
6565 10 (9) "Inhabitant" may be construed to mean a resident in any place.
6666 11 (10) "Judgment" means all final orders, decrees, and
6767 12 determinations in an action and all orders upon which executions
6868 13 may issue.
6969 14 (11) "Land", "real estate", and "real property" include lands,
7070 15 tenements, and hereditaments.
7171 16 (12) "Mentally incompetent" means of unsound mind.
7272 17 (13) "Money demands on contract", when used in reference to an
7373 18 action, means an action arising out of contract when the relief
7474 19 demanded is a recovery of money.
7575 20 (14) "Month" means a calendar month, unless otherwise
7676 21 expressed.
7777 22 (15) "Noncode statute" means a statute that is not codified as part
7878 23 of the Indiana Code.
7979 24 (16) "Oath" includes "affirmation", and "to swear" includes to
8080 25 "affirm".
8181 26 (17) "Person" extends to bodies politic and corporate.
8282 27 (18) "Personal property" includes goods, chattels, evidences of
8383 28 debt, and things in action.
8484 29 (19) "Population" has the meaning set forth in IC 1-1-3.5-3.
8585 30 (20) "Preceding" and "following", referring to sections in statutes,
8686 31 mean the sections next preceding or next following that in which
8787 32 the words occur, unless some other section is designated.
8888 33 (21) "Property" includes personal and real property.
8989 34 (22) "Sex" and "gender" mean the biological classification of
9090 35 male or female in the context of reproductive potential or
9191 36 capacity, which is determined by sex genes, naturally
9292 37 occurring sex hormones, gonads, and nonambiguous internal
9393 38 and external genitalia present at birth, without regard to an
9494 39 individual's psychological, chosen, or subjective experience.
9595 40 These terms are to be considered synonymous. This definition
9696 41 is presumptive throughout the Indiana Code unless an
9797 42 alternative definition is clearly stated.
9898 2025 IN 441—LS 6920/DI 104 3
9999 1 (22) (23) "Sheriff" means the sheriff of the county or another
100100 2 person authorized to perform sheriff's duties.
101101 3 (23) (24) "State", applied to any one (1) of the United States,
102102 4 includes the District of Columbia and the commonwealths,
103103 5 possessions, states in free association with the United States, and
104104 6 the territories. "United States" includes the District of Columbia
105105 7 and the commonwealths, possessions, states in free association
106106 8 with the United States, and the territories.
107107 9 (24) (25) "Under legal disabilities" includes persons less than
108108 10 eighteen (18) years of age, mentally incompetent, or out of the
109109 11 United States.
110110 12 (25) (26) "Verified", when applied to pleadings, means supported
111111 13 by oath or affirmation in writing.
112112 14 (26) (27) "Will" includes a testament and codicil.
113113 15 (27) (28) "Without relief" in any judgment, contract, execution,
114114 16 or other instrument of writing or record, means without the
115115 17 benefit of valuation laws.
116116 18 (28) (29) "Written" and "in writing" include printing,
117117 19 lithographing, or other mode of representing words and letters. If
118118 20 the written signature of a person is required, the terms mean the
119119 21 proper handwriting of the person or the person's mark.
120120 22 (29) (30) "Year" means a calendar year, unless otherwise
121121 23 expressed.
122122 24 (30) (31) The definitions in IC 35-31.5 apply to all statutes
123123 25 relating to penal offenses.
124124 26 (b) This subsection applies to the definitions of "Hoosier veteran"
125125 27 and "veteran" when used in reference to state programs for veterans.
126126 28 The term "veteran" includes "Hoosier veteran", and applies to the
127127 29 construction of all Indiana statutes, unless the construction is expressly
128128 30 excluded by the terms of the statute, is plainly repugnant to the intent
129129 31 of the general assembly or of the context of the statute, or is
130130 32 inconsistent with federal law. "Hoosier veteran" means an individual
131131 33 who meets the following criteria:
132132 34 (1) The individual is a resident of Indiana.
133133 35 (2) The individual served in a reserve component of the armed
134134 36 forces of the United States or the Indiana National Guard.
135135 37 (3) The individual completed any required military occupational
136136 38 specialty training and was not discharged or separated from the
137137 39 armed forces or the Indiana National Guard under dishonorable
138138 40 or other than honorable conditions.
139139 41 The definitions set forth in this subsection may not be construed to
140140 42 affect a Hoosier veteran's eligibility for any state program that is based
141141 2025 IN 441—LS 6920/DI 104 4
142142 1 upon a particular aspect of the Hoosier veteran's service such as a
143143 2 disability or a wartime service requirement.
144144 3 SECTION 2. IC 9-24-11-5, AS AMENDED BY P.L.141-2024,
145145 4 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
146146 5 UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (d), a
147147 6 learner's permit or driver's license issued under this article must contain
148148 7 the following information:
149149 8 (1) The full legal name of the permittee or licensee.
150150 9 (2) The date of birth of the permittee or licensee.
151151 10 (3) The address of the principal residence of the permittee or
152152 11 licensee.
153153 12 (4) The hair color and eye color of the permittee or licensee.
154154 13 (5) The date of issue and expiration date of the permit or license.
155155 14 (6) The gender (as defined in IC 1-1-4-5(22)) of the permittee or
156156 15 licensee.
157157 16 (7) The unique identifying number of the permit or license.
158158 17 (8) The weight of the permittee or licensee.
159159 18 (9) The height of the permittee or licensee.
160160 19 (10) A reproduction of the signature of the permittee or licensee.
161161 20 (11) If the permittee or licensee is less than eighteen (18) years of
162162 21 age at the time of issuance, the dates, notated prominently, on
163163 22 which the permittee or licensee will become:
164164 23 (A) eighteen (18) years of age; and
165165 24 (B) twenty-one (21) years of age.
166166 25 (12) If the permittee or licensee is at least eighteen (18) years of
167167 26 age but less than twenty-one (21) years of age at the time of
168168 27 issuance, the date, notated prominently, on which the permittee or
169169 28 licensee will become twenty-one (21) years of age.
170170 29 (13) Except as provided in subsection (b), a digital photograph of
171171 30 the permittee or licensee.
172172 31 (b) The bureau may provide for the omission of a photograph or
173173 32 computerized image from any driver's license or learner's permit issued
174174 33 in the form of a physical credential if there is good cause for the
175175 34 omission. However, a driver's license or learner's permit issued without
176176 35 a digital photograph may not be issued in the form of a mobile
177177 36 credential and must include a statement that indicates that the driver's
178178 37 license or learner's permit issued without a digital photograph may not
179179 38 be accepted by a federal agency for federal identification or any other
180180 39 federal purpose.
181181 40 (c) A driver's license or learner's permit issued to an individual who
182182 41 has temporary lawful status as indicated by:
183183 42 (1) a valid, unexpired nonimmigrant visa or has nonimmigrant
184184 2025 IN 441—LS 6920/DI 104 5
185185 1 visa status for entry in the United States;
186186 2 (2) a pending application for asylum in the United States;
187187 3 (3) a pending or approved application for temporary protected
188188 4 status in the United States;
189189 5 (4) having an approved deferred action status; or
190190 6 (5) a pending application for adjustment of status to that of an
191191 7 alien lawfully admitted for permanent residence in the United
192192 8 States or conditional permanent residence status in the United
193193 9 States;
194194 10 must be clearly identified as a temporary driver's license or learner's
195195 11 permit. A temporary driver's license or learner's permit issued under
196196 12 this subsection may not be renewed without the presentation of valid
197197 13 documentary evidence proving that the licensee's or permittee's
198198 14 temporary status has been extended.
199199 15 (d) For purposes of subsection (a), an individual certified as a
200200 16 program participant in the address confidentiality program under
201201 17 IC 5-26.5 is not required to provide the address of the individual's
202202 18 principal residence, but may provide an address designated by the
203203 19 office of the attorney general under IC 5-26.5 as the address of the
204204 20 individual's principal residence.
205205 21 SECTION 3. IC 16-37-2-9, AS AMENDED BY P.L.138-2019,
206206 22 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
207207 23 UPON PASSAGE]: Sec. 9. (a) The local health officer shall make a
208208 24 permanent record of the following from a birth certificate:
209209 25 (1) Name.
210210 26 (2) Sex (as defined in IC 1-1-4-5(22)).
211211 27 (3) Date of birth.
212212 28 (4) Place of birth.
213213 29 (5) Name of the parents.
214214 30 (6) Birthplace of the parents.
215215 31 (7) The date of filing of the certificate of birth.
216216 32 (8) The person in attendance at the birth.
217217 33 (9) Location of the birth, including whether the birth occurred at
218218 34 a hospital, licensed health care facility, home, or other non-health
219219 35 care facility.
220220 36 (b) Except as provided in subsection (c), the permanent record shall
221221 37 be open to public inspection. Upon request by an individual, a paper
222222 38 copy of the permanent record in subsection (a) must be provided by the
223223 39 local health officer.
224224 40 (c) The birth record of an adopted child remains subject to the
225225 41 confidentiality provisions of IC 31-19 regarding the release of adoption
226226 42 information.
227227 2025 IN 441—LS 6920/DI 104 6
228228 1 (d) The permanent record of the information required under this
229229 2 section may be maintained in the Indiana birth registration system
230230 3 (IBRS).
231231 4 SECTION 4. IC 16-37-2-10 IS AMENDED TO READ AS
232232 5 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) As used in
233233 6 this section, "DNA test" means an identification process in which the
234234 7 unique genetic code of an individual that is carried by the individual's
235235 8 deoxyribonucleic acid (DNA) is compared with the genetic codes of
236236 9 another individual.
237237 10 (b) The state department may make additions to or corrections in a
238238 11 certificate of birth on receipt of adequate documentary evidence
239239 12 including based on either the results of a DNA test under subsection
240240 13 (c) or a paternity affidavit executed under section 2.1 of this chapter.
241241 14 (c) The state department may make an addition to a birth certificate
242242 15 for the purposes of paternity based on the results of a DNA test only
243243 16 if:
244244 17 (1) a father is not named on the birth certificate; and
245245 18 (2) a citation to this subsection as the authority for the addition is
246246 19 noted on the birth certificate.
247247 20 SECTION 5. [EFFECTIVE UPON PASSAGE] (a) The definition
248248 21 of "sex" and "gender", as added by IC 1-1-4-5(22), as amended by
249249 22 this act, are meant to be synonymous in the Indiana Code unless
250250 23 specifically defined otherwise. The general assembly is adding a
251251 24 definition of "sex" and "gender" in this act for purposes of
252252 25 clarifying what has always been meant by the use of the term in the
253253 26 Indiana Code.
254254 27 (b) This SECTION expires December 31, 2026.
255255 28 SECTION 6. [EFFECTIVE UPON PASSAGE] (a) As used in this
256256 29 SECTION, "bureau" refers to the bureau of motor vehicles
257257 30 created by IC 9-14-7-1.
258258 31 (b) Before December 31, 2025, the bureau shall update the
259259 32 definition of "sex" that the bureau uses as an agency to the
260260 33 definition set forth in IC 1-1-4-5(22).
261261 34 (c) This SECTION expires December 31, 2026.
262262 35 SECTION 7. [EFFECTIVE UPON PASSAGE] (a) As used in this
263263 36 SECTION, "state department" refers to the Indiana department
264264 37 of health.
265265 38 (b) The state department shall do the following:
266266 39 (1) Identify a certificate of birth that was issued with a change
267267 40 in the individual's sex classification through a court order.
268268 41 (2) Change the sex on the certificate of birth back to the
269269 42 originating sex and reissue the certificate of birth.
270270 2025 IN 441—LS 6920/DI 104 7
271271 1 (3) Void the superseded document.
272272 2 (c) This SECTION expires December 31, 2026.
273273 3 SECTION 8. [EFFECTIVE UPON PASSAGE] (a) As used in this
274274 4 SECTION, "state department" refers to the Indiana department
275275 5 of health.
276276 6 (b) Before December 31, 2025, the state department shall update
277277 7 the definition of "sex" that the state department uses as an agency
278278 8 to the definition set forth in IC 1-1-4-5(22).
279279 9 (c) This SECTION expires December 31, 2026.
280280 10 SECTION 9. An emergency is declared for this act.
281281 2025 IN 441—LS 6920/DI 104