Indiana 2025 Regular Session

Indiana Senate Bill SB0533 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 533
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-31.5-2-319.2; IC 35-40.5.
7	7	Synopsis: Sexual assault victims' rights. Provides certain procedural
8	8	protections for victims of sexual assault, including the rights
9	9	guaranteed to a victim as they relate to: (1) a victim's ability to have a
10	10	support person present during a forensic medical exam or an interview
11	11	with a law enforcement officer, prosecuting attorney, or defense
12	12	attorney; (2) a victim's right to be interviewed by a law enforcement
13	13	officer of the gender of the victim's choosing; (3) the collection and
14	14	analysis of sexual assault forensic evidence from the victim; (4) a
15	15	victim's ability to obtain a copy of a law enforcement report concerning
16	16	the sexual assault; (5) notice to victims; and (6) legal procedures
17	17	provided to protect a victim during a legal proceeding. Creates a civil
18	18	cause of action for a violation of a victim's rights. Establishes the rights
19	19	of victims of sexual assault commission.
20	20	Effective: July 1, 2025.
21	21	Yoder
22	22	January 16, 2025, read first time and referred to Committee on Corrections and Criminal
23	23	Law.
24	24	2025 IN 533—LS 6488/DI 147 Introduced
25	25	First Regular Session of the 124th General Assembly (2025)
26	26	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	27	Constitution) is being amended, the text of the existing provision will appear in this style type,
28	28	additions will appear in this style type, and deletions will appear in this style type.
29	29	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	30	provision adopted), the text of the new provision will appear in this style type. Also, the
31	31	word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	32	a new provision to the Indiana Code or the Indiana Constitution.
33	33	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	34	between statutes enacted by the 2024 Regular Session of the General Assembly.
35	35	SENATE BILL No. 533
36	36	A BILL FOR AN ACT to amend the Indiana Code concerning
37	37	criminal law and procedure.
38	38	Be it enacted by the General Assembly of the State of Indiana:
39	39	1 SECTION 1. IC 35-31.5-2-319.2 IS ADDED TO THE INDIANA
40	40	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
41	41	3 [EFFECTIVE JULY 1, 2025]: Sec. 319.2. "Support person", for
42	42	4 purposes of IC 35-40.5, has the meaning set forth in IC 35-40.5-1-1.
43	43	5 SECTION 2. IC 35-40.5-1-1, AS AMENDED BY P.L.32-2021,
44	44	6 SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
45	45	7 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
46	46	8 article:
47	47	9 (1) "Law enforcement officer" means any of the following:
48	48	10 (A) A law enforcement officer (as defined in
49	49	11 IC 35-31.5-2-185).
50	50	12 (B) A state educational institution police officer appointed
51	51	13 under IC 21-39-4.
52	52	14 (C) A school corporation police officer appointed under
53	53	15 IC 20-26-16.
54	54	16 (D) A school resource officer (as defined in IC 20-26-18.2-1).
55	55	17 (E) A police officer of a private postsecondary educational
56	56	2025 IN 533—LS 6488/DI 147 2
57	57	1 institution whose governing board has appointed the police
58	58	2 officer under IC 21-17-5-2.
59	59	3 (2) "Provider" has the meaning set forth in IC 16-21-8-0.2.
60	60	4 (3) "Relative" has the meaning set forth in IC 35-42-2-1(b).
61	61	5 (4) "Sexual assault forensic evidence" means the results collected
62	62	6 from a forensic medical examination of a victim by a provider.
63	63	7 (5) "State sexual assault response team" means the statewide
64	64	8 sexual assault response team coordinated by the Indiana
65	65	9 prosecuting attorneys council and the Indiana criminal justice
66	66	10 institute.
67	67	11 (6) "Support person" means a person of the victim's choosing.
68	68	12 (6) (7) "Victim" means an individual:
69	69	13 (A) who is a victim of sexual assault (as defined in
70	70	14 IC 5-26.5-1-8); or
71	71	15 (B) who:
72	72	16 (i) is a relative of or a person who has had a close personal
73	73	17 relationship with the individual described under clause (A);
74	74	18 and
75	75	19 (ii) is designated by the individual described under clause
76	76	20 (A) as a representative.
77	77	21 The term does not include an individual who is accused of
78	78	22 committing an act of sexual assault (as defined in
79	79	23 IC 5-26.5-1-8) against the individual described under clause
80	80	24 (A).
81	81	25 (7) (8) "Victim advocate" has the meaning set forth in
82	82	26 IC 35-37-6-3.5.
83	83	27 (8) (9) "Victim service provider" has the meaning set forth in
84	84	28 IC 35-37-6-5.
85	85	29 SECTION 3. IC 35-40.5-2-1, AS ADDED BY P.L.58-2020,
86	86	30 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
87	87	31 JULY 1, 2025]: Sec. 1. The rights provided to victims under this article
88	88	32 attach whenever a victim is subject to:
89	89	33 (1) a forensic medical exam; or
90	90	34 (2) an interview by a law enforcement officer, prosecuting
91	91	35 attorney, or defense attorney;
92	92	36 in relation to injuries, trauma, or an investigation resulting from an
93	93	37 alleged sexual assault.
94	94	38 SECTION 4. IC 35-40.5-3-2.5 IS ADDED TO THE INDIANA
95	95	39 CODE AS A NEW SECTION TO READ AS FOLLOWS
96	96	40 [EFFECTIVE JULY 1, 2025]: Sec. 2.5. A victim has the right to have
97	97	41 a support person present during any:
98	98	42 (1) forensic medical examination; and
99	99	2025 IN 533—LS 6488/DI 147 3
100	100	1 (2) interview conducted by a law enforcement officer,
101	101	2 prosecuting attorney, or defense attorney.
102	102	3 A victim retains this right even if the victim has waived the right
103	103	4 in a previous examination or interview.
104	104	5 SECTION 5. IC 35-40.5-4-2, AS AMENDED BY P.L.133-2020,
105	105	6 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
106	106	7 JULY 1, 2025]: Sec. 2. Before a provider commences a forensic
107	107	8 medical examination, or as soon as possible, the provider shall inform
108	108	9 the victim of the following:
109	109	10 (1) The victim's rights under this article and other relevant law in
110	110	11 a document to be developed by the state sexual assault response
111	111	12 team, which shall be signed by the victim to confirm receipt,
112	112	13 unless the victim has already been provided with the document
113	113	14 under IC 35-40.5-5-1.
114	114	15 (2) The victim's right to speak with a victim advocate or victim
115	115	16 service provider. If a victim advocate or victim service provider
116	116	17 is not available, a victim has the right to speak with victims
117	117	18 assistance or a social worker.
118	118	19 (3) The victim's right to have a support person present during
119	119	20 the forensic medical examination.
120	120	21 (4) The ramifications of delaying the forensic medical
121	121	22 examination if a victim advocate, victim service provider, or
122	122	23 support person cannot be summoned in a reasonably timely
123	123	24 manner as described in subdivisions (2) and (3).
124	124	25 SECTION 6. IC 35-40.5-5-1, AS AMENDED BY P.L.133-2020,
125	125	26 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
126	126	27 JULY 1, 2025]: Sec. 1. Before a law enforcement officer, prosecuting
127	127	28 attorney, or defense attorney commences an interview of a victim,
128	128	29 the law enforcement officer, prosecuting attorney, or defense
129	129	30 attorney shall inform the victim of the following:
130	130	31 (1) The victim's rights under this article and other relevant law in
131	131	32 a document to be developed by the state sexual assault response
132	132	33 team, which shall be signed by the victim to confirm receipt,
133	133	34 unless the victim has already been provided with the document
134	134	35 under IC 35-40.5-4-2.
135	135	36 (2) The victim's right to speak with a victim advocate or victim
136	136	37 service provider, or support person during the course of the
137	137	38 investigation, and that the victim has the right to speak to victims
138	138	39 assistance or a social worker if a victim advocate or victim service
139	139	40 provider is not available.
140	140	41 (3) The victim's right to be interviewed by a law enforcement
141	141	42 officer of the gender of the victim's choosing. If no law
142	142	2025 IN 533—LS 6488/DI 147 4
143	143	1 enforcement officer of that gender is reasonably available, the
144	144	2 victim may be interviewed by an available law enforcement
145	145	3 officer only upon the victim's consent.
146	146	4 SECTION 7. IC 35-40.5-5.2 IS ADDED TO THE INDIANA CODE
147	147	5 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
148	148	6 JULY 1, 2025]:
149	149	7 Chapter 5.2. Analysis of Sexual Assault Forensic Evidence
150	150	8 Sec. 1. A victim has the right to prompt analysis of sexual
151	151	9 assault forensic evidence collected from a forensic medical
152	152	10 examination.
153	153	11 Sec. 2. A provider shall, upon conducting a forensic medical
154	154	12 examination to collect sexual assault forensic evidence, inform the
155	155	13 victim of the following:
156	156	14 (1) The sexual assault forensic evidence shall be transported
157	157	15 to the crime laboratory.
158	158	16 (2) Not later than ninety (90) days after receiving the sexual
159	159	17 assault forensic evidence, the crime laboratory shall analyze
160	160	18 the sexual assault forensic evidence, unless the victim waives
161	161	19 this requirement in writing at any time before analysis of the
162	162	20 evidence.
163	163	21 (3) The crime laboratory shall retain the sexual assault
164	164	22 forensic evidence until the later of:
165	165	23 (A) the statute of limitations bars prosecution of the
166	166	24 offense as described under IC 35-41-4-2; or
167	167	25 (B) the victim reaches forty (40) years of age if the victim
168	168	26 was a minor when the offense occurred;
169	169	27 before the evidence is destroyed.
170	170	28 (4) If the victim elects to waive the requirement under
171	171	29 subdivision (2), the victim may still request that the sexual
172	172	30 assault forensic evidence collected be tested before it is
173	173	31 destroyed pursuant to subdivision (3).
174	174	32 Sec. 3. Not later than twenty-four (24) hours after collecting any
175	175	33 sexual assault forensic evidence, a provider shall notify the law
176	176	34 enforcement agency with jurisdiction over the offense.
177	177	35 Sec. 4. (a) The law enforcement agency that receives notice
178	178	36 under section 3 of this chapter shall:
179	179	37 (1) obtain the sexual assault forensic evidence from the
180	180	38 provider and transport the evidence to a crime laboratory not
181	181	39 later than five (5) days after receiving notice from the
182	182	40 provider; or
183	183	41 (2) comply with the transport requirements described under
184	184	42 IC 16-21-8-10.
185	185	2025 IN 533—LS 6488/DI 147 5
186	186	1 (b) Pursuant to subsection (a)(2), if the law enforcement agency
187	187	2 complies with IC 16-21-8-10, the law enforcement agency must
188	188	3 transport the sexual assault forensic evidence to a crime laboratory
189	189	4 not later than forty-eight (48) hours after receiving notice from the
190	190	5 provider.
191	191	6 (c) Not later than five (5) days after receiving notice, the law
192	192	7 enforcement agency that receives notice or transports evidence
193	193	8 under this chapter shall assign a case number to any evidence that
194	194	9 is submitted to the crime laboratory for testing and analysis.
195	195	10 (d) If a law enforcement agency having possession of the sexual
196	196	11 assault forensic evidence does not have jurisdiction over the alleged
197	197	12 sexual assault, not later than five (5) days after taking possession
198	198	13 of the sexual assault forensic evidence, the law enforcement agency
199	199	14 shall notify the law enforcement agency having proper jurisdiction.
200	200	15 After receiving notice, the law enforcement agency having proper
201	201	16 jurisdiction shall take possession of the evidence and submit the
202	202	17 evidence as provided in this section.
203	203	18 (e) A law enforcement agency that submits sexual assault
204	204	19 forensic evidence to a crime laboratory shall, immediately after
205	205	20 submission, notify the victim of the:
206	206	21 (1) name, address, and telephone number of the crime
207	207	22 laboratory where the evidence has been submitted; and
208	208	23 (2) information described in section 2 of this chapter.
209	209	24 Sec. 5. Sexual assault forensic evidence may not be used:
210	210	25 (1) to prosecute a victim for any unrelated misdemeanor
211	211	26 crimes or any crime under IC 35-48-4; or
212	212	27 (2) as a basis to search for further evidence of any unrelated
213	213	28 misdemeanor crimes or any crime under IC 35-48-4 that may
214	214	29 have been committed by the victim.
215	215	30 SECTION 8. IC 35-40.5-7-2 IS ADDED TO THE INDIANA CODE
216	216	31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
217	217	32 1, 2025]: Sec. 2. Not later than five (5) business days after receiving
218	218	33 a written request by a victim, a law enforcement officer shall
219	219	34 provide a free, complete, and unaltered copy of all law enforcement
220	220	35 reports concerning the sexual assault to the victim, regardless of
221	221	36 whether the report has been closed by the law enforcement agency.
222	222	37 SECTION 9. IC 35-40.5-8 IS ADDED TO THE INDIANA CODE
223	223	38 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
224	224	39 JULY 1, 2025]:
225	225	40 Chapter 8. Cause of Action
226	226	41 Sec. 1. (a) If a victim suffers an injury:
227	227	42 (1) as the result of any act or practice that violates this article;
228	228	2025 IN 533—LS 6488/DI 147 6
229	229	1 or
230	230	2 (2) from a threatened violation of this article;
231	231	3 the individual may bring a civil action.
232	232	4 (b) A court may order an award of any or all of the following to
233	233	5 an individual who prevails in an action under subsection (a):
234	234	6 (1) The greater of:
235	235	7 (A) actual and consequential damages resulting from the
236	236	8 violation or threatened violation; or
237	237	9 (B) liquidated damages of not more than one thousand
238	238	10 dollars ($1,000).
239	239	11 (2) Reasonable attorney's fees, litigation expenses, and costs.
240	240	12 (3) Declaratory or equitable relief, including injunctive relief.
241	241	13 (4) Other relief the court considers proper.
242	242	14 (c) The remedies and penalties set forth in subsection (b) are:
243	243	15 (1) cumulative; and
244	244	16 (2) in addition to other remedies and penalties imposed for a
245	245	17 violation of this article.
246	246	18 SECTION 10. IC 35-40.5-9 IS ADDED TO THE INDIANA CODE
247	247	19 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
248	248	20 JULY 1, 2025]:
249	249	21 Chapter 9. Legal Procedures
250	250	22 Sec. 1. As provided under this article, a victim has the right to
251	251	23 be reasonably protected from the defendant and persons acting on
252	252	24 behalf of the defendant in either a civil or criminal case relating to
253	253	25 the alleged sexual assault.
254	254	26 Sec. 2. A victim shall not be required to submit to a polygraph
255	255	27 examination as provided under IC 35-37-4.5-2.
256	256	28 SECTION 11. IC 35-40.5-10 IS ADDED TO THE INDIANA
257	257	29 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
258	258	30 [EFFECTIVE JULY 1, 2025]:
259	259	31 Chapter 10. Rights of Victims of Sexual Assault Commission
260	260	32 Sec. 1. As used in this chapter, "commission" refers to the rights
261	261	33 of victims of sexual assault commission established by section 2 of
262	262	34 this chapter.
263	263	35 Sec. 2. The rights of victims of sexual assault commission is
264	264	36 established under the executive branch of state government as a
265	265	37 continuing commission.
266	266	38 Sec. 3. The commission consists of the following members, all of
267	267	39 whom are voting members:
268	268	40 (1) The executive director of the Indiana criminal justice
269	269	41 institute or the executive director's designee.
270	270	42 (2) The superintendent of the state police department or the
271	271	2025 IN 533—LS 6488/DI 147 7
272	272	1 superintendent's designee.
273	273	2 (3) The secretary of education or the secretary's designee.
274	274	3 (4) The commissioner of the commission for higher education
275	275	4 or the commissioner's designee.
276	276	5 (5) Ten (10) members who are Indiana residents appointed by
277	277	6 the governor as follows:
278	278	7 (A) One (1) member who is a victim.
279	279	8 (B) One (1) member who is a representative of the Indiana
280	280	9 Coalition to End Sexual Assault and Human Trafficking.
281	281	10 (C) One (1) member who is a representative of the
282	282	11 prosecuting attorneys council of Indiana.
283	283	12 (D) One (1) member who is a representative of the Indiana
284	284	13 State Bar Association.
285	285	14 (E) One (1) member who is a representative of the Indiana
286	286	15 Association of Chiefs of Police.
287	287	16 (F) One (1) member who is a representative of the Indiana
288	288	17 state police laboratory division.
289	289	18 (G) One (1) member who is a representative of a rape crisis
290	290	19 center.
291	291	20 (H) One (1) member who is a representative of an
292	292	21 organization that provides services, education, or outreach
293	293	22 to minority communities and immigrant communities.
294	294	23 (I) One (1) member who is a representative of an
295	295	24 organization that provides services, education, or outreach
296	296	25 to lesbian, gay, bisexual, and transgender individuals.
297	297	26 (J) One (1) member who is a forensic nurse.
298	298	27 Sec. 4. (a) The executive director of the Indiana criminal justice
299	299	28 institute or the executive director's designee shall serve as the
300	300	29 chairperson of the commission.
301	301	30 (b) Members of the commission appointed under section 3(5) of
302	302	31 this chapter serve a term that ends June 30 of the odd-numbered
303	303	32 year next following appointment but may be reappointed for
304	304	33 subsequent terms. A member to whom this subsection applies
305	305	34 serves at the will of the governor.
306	306	35 (c) A vacancy under subsection (b) shall be filled by the
307	307	36 governor to meet the corresponding qualification. A member
308	308	37 appointed under this subsection serves until the end of the
309	309	38 unexpired term of the vacating member.
310	310	39 Sec. 5. The commission shall meet at least one (1) time each year
311	311	40 and at the call of the chairperson.
312	312	41 Sec. 6. (a) Eight (8) members of the commission constitute a
313	313	42 quorum.
314	314	2025 IN 533—LS 6488/DI 147 8
315	315	1 (b) The affirmative votes of a majority of the voting members
316	316	2 appointed to the commission are required for the commission to
317	317	3 take action on any measure.
318	318	4 Sec. 7. The Indiana criminal justice institute shall staff the
319	319	5 commission.
320	320	6 Sec. 8. The following apply to the mileage, per diem, and travel
321	321	7 expenses for the commission:
322	322	8 (1) Each member of the commission who is not a state
323	323	9 employee is entitled to the minimum salary per diem provided
324	324	10 by IC 4-10-11-2.1(b). The member is also entitled to
325	325	11 reimbursement for mileage, traveling expenses as provided
326	326	12 under IC 4-13-1-4, and other expenses actually incurred in
327	327	13 connection with the member's duties as provided in the state
328	328	14 policies and procedures established by the Indiana
329	329	15 department of administration and approved by the budget
330	330	16 agency.
331	331	17 (2) Each member of the commission who is a state employee
332	332	18 but who is not a member of the general assembly is entitled to
333	333	19 the minimum salary per diem, mileage, and traveling expenses
334	334	20 provided under IC 4-13-1-4 and other expenses actually
335	335	21 incurred in connection with the member's duties as provided
336	336	22 in the state policies and procedures established by the Indiana
337	337	23 department of administration and approved by the budget
338	338	24 agency.
339	339	25 Sec. 9. The commission shall study nationally recognized best
340	340	26 practices and make recommendations regarding the following:
341	341	27 (1) The development and implementation of an effective
342	342	28 mechanism for submitting, tracking, and investigating
343	343	29 complaints regarding the handling of, or response to, a sexual
344	344	30 assault report or investigation by any agency or organization
345	345	31 involved in the handling or response.
346	346	32 (2) Whether a need exists for additional victim advocates for
347	347	33 victims. If the commission determines there is a need for
348	348	34 additional victim advocates, the commission shall:
349	349	35 (A) develop criteria to certify victim advocates;
350	350	36 (B) in conjunction with rape crisis centers, victim advocacy
351	351	37 organizations, and other similar agencies or organizations,
352	352	38 establish a plan to provide additional victim advocates to
353	353	39 meet the needs identified by the commission; and
354	354	40 (C) determine the cost of funding the plan described in
355	355	41 clause (B).
356	356	42 (3) Whether a need exists to expand a victim's right to a
357	357	2025 IN 533—LS 6488/DI 147 9
358	358	1 victim advocate beyond the medical examination and law
359	359	2 enforcement, prosecuting attorney, or defense attorney
360	360	3 interview settings. If the commission determines there is a
361	361	4 need to expand the right to a victim advocate, the commission
362	362	5 shall:
363	363	6 (A) identify the scope and nature of the need; and
364	364	7 (B) make recommendations on how to fulfill the need.
365	365	8 (4) Whether a need exists to provide an ongoing evaluation of
366	366	9 the implementation of the rights of victims. If such a need
367	367	10 does exist, the commission shall:
368	368	11 (A) identify the scope and nature of the need; and
369	369	12 (B) make recommendations on how to fulfill the need.
370	370	13 (5) Whether there is an ongoing need to maintain the
371	371	14 commission after the commission issues the report required
372	372	15 by section 12 of this chapter.
373	373	16 Sec. 10. In fulfilling the requirements described in section 9 of
374	374	17 this chapter, the commission shall do the following:
375	375	18 (1) Collect data concerning:
376	376	19 (A) sexual assault reporting;
377	377	20 (B) arrests;
378	378	21 (C) prosecution rates;
379	379	22 (D) access to victim advocates; and
380	380	23 (E) any other data necessary for the commission's
381	381	24 deliberations and recommendations.
382	382	25 If the data described in this subdivision does not exist, the
383	383	26 commission shall encourage the Indiana criminal justice
384	384	27 institute to collect and maintain the data.
385	385	28 (2) Obtain feedback from stakeholders, practitioners, and
386	386	29 leadership in law enforcement, victim services, forensic
387	387	30 science, and health care for the development of best practices
388	388	31 or clinical guidelines for caring for and treating victims.
389	389	32 Sec. 11. In undertaking the commission's duties described in this
390	390	33 chapter, the commission may retain independent experts to:
391	391	34 (1) request files and records from any law enforcement officer
392	392	35 in a manner that keeps the information confidential,
393	393	36 anonymous, and in the aggregate;
394	394	37 (2) conduct confidential interviews with law enforcement
395	395	38 officers, medical providers, victim advocates, and others with
396	396	39 direct knowledge of the sexual assault response process; and
397	397	40 (3) provide advice and recommendations to the commission
398	398	41 while maintaining confidentiality.
399	399	42 Sec. 12. Not later than December 31, 2026, the commission shall
400	400	2025 IN 533—LS 6488/DI 147 10
401	401	1 prepare and submit a report summarizing the commission's
402	402	2 findings and recommendations under this chapter to the:
403	403	3 (1) general assembly in an electronic format under IC 5-14-6;
404	404	4 (2) governor; and
405	405	5 (3) attorney general.
406	406	2025 IN 533—LS 6488/DI 147