Introduced Version
SENATE BILL No. 533
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-31.5-2-319.2; IC 35-40.5.
Synopsis: Sexual assault victims' rights. Provides certain procedural
protections for victims of sexual assault, including the rights
guaranteed to a victim as they relate to: (1) a victim's ability to have a
support person present during a forensic medical exam or an interview
with a law enforcement officer, prosecuting attorney, or defense
attorney; (2) a victim's right to be interviewed by a law enforcement
officer of the gender of the victim's choosing; (3) the collection and
analysis of sexual assault forensic evidence from the victim; (4) a
victim's ability to obtain a copy of a law enforcement report concerning
the sexual assault; (5) notice to victims; and (6) legal procedures
provided to protect a victim during a legal proceeding. Creates a civil
cause of action for a violation of a victim's rights. Establishes the rights
of victims of sexual assault commission.
Effective: July 1, 2025.
Yoder
January 16, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
2025 IN 533—LS 6488/DI 147 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 533
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-31.5-2-319.2 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 319.2. "Support person", for
4 purposes of IC 35-40.5, has the meaning set forth in IC 35-40.5-1-1.
5 SECTION 2. IC 35-40.5-1-1, AS AMENDED BY P.L.32-2021,
6 SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
8 article:
9 (1) "Law enforcement officer" means any of the following:
10 (A) A law enforcement officer (as defined in
11 IC 35-31.5-2-185).
12 (B) A state educational institution police officer appointed
13 under IC 21-39-4.
14 (C) A school corporation police officer appointed under
15 IC 20-26-16.
16 (D) A school resource officer (as defined in IC 20-26-18.2-1).
17 (E) A police officer of a private postsecondary educational
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1 institution whose governing board has appointed the police
2 officer under IC 21-17-5-2.
3 (2) "Provider" has the meaning set forth in IC 16-21-8-0.2.
4 (3) "Relative" has the meaning set forth in IC 35-42-2-1(b).
5 (4) "Sexual assault forensic evidence" means the results collected
6 from a forensic medical examination of a victim by a provider.
7 (5) "State sexual assault response team" means the statewide
8 sexual assault response team coordinated by the Indiana
9 prosecuting attorneys council and the Indiana criminal justice
10 institute.
11 (6) "Support person" means a person of the victim's choosing.
12 (6) (7) "Victim" means an individual:
13 (A) who is a victim of sexual assault (as defined in
14 IC 5-26.5-1-8); or
15 (B) who:
16 (i) is a relative of or a person who has had a close personal
17 relationship with the individual described under clause (A);
18 and
19 (ii) is designated by the individual described under clause
20 (A) as a representative.
21 The term does not include an individual who is accused of
22 committing an act of sexual assault (as defined in
23 IC 5-26.5-1-8) against the individual described under clause
24 (A).
25 (7) (8) "Victim advocate" has the meaning set forth in
26 IC 35-37-6-3.5.
27 (8) (9) "Victim service provider" has the meaning set forth in
28 IC 35-37-6-5.
29 SECTION 3. IC 35-40.5-2-1, AS ADDED BY P.L.58-2020,
30 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]: Sec. 1. The rights provided to victims under this article
32 attach whenever a victim is subject to:
33 (1) a forensic medical exam; or
34 (2) an interview by a law enforcement officer, prosecuting
35 attorney, or defense attorney;
36 in relation to injuries, trauma, or an investigation resulting from an
37 alleged sexual assault.
38 SECTION 4. IC 35-40.5-3-2.5 IS ADDED TO THE INDIANA
39 CODE AS A NEW SECTION TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2025]: Sec. 2.5. A victim has the right to have
41 a support person present during any:
42 (1) forensic medical examination; and
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1 (2) interview conducted by a law enforcement officer,
2 prosecuting attorney, or defense attorney.
3 A victim retains this right even if the victim has waived the right
4 in a previous examination or interview.
5 SECTION 5. IC 35-40.5-4-2, AS AMENDED BY P.L.133-2020,
6 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 2. Before a provider commences a forensic
8 medical examination, or as soon as possible, the provider shall inform
9 the victim of the following:
10 (1) The victim's rights under this article and other relevant law in
11 a document to be developed by the state sexual assault response
12 team, which shall be signed by the victim to confirm receipt,
13 unless the victim has already been provided with the document
14 under IC 35-40.5-5-1.
15 (2) The victim's right to speak with a victim advocate or victim
16 service provider. If a victim advocate or victim service provider
17 is not available, a victim has the right to speak with victims
18 assistance or a social worker.
19 (3) The victim's right to have a support person present during
20 the forensic medical examination.
21 (4) The ramifications of delaying the forensic medical
22 examination if a victim advocate, victim service provider, or
23 support person cannot be summoned in a reasonably timely
24 manner as described in subdivisions (2) and (3).
25 SECTION 6. IC 35-40.5-5-1, AS AMENDED BY P.L.133-2020,
26 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2025]: Sec. 1. Before a law enforcement officer, prosecuting
28 attorney, or defense attorney commences an interview of a victim,
29 the law enforcement officer, prosecuting attorney, or defense
30 attorney shall inform the victim of the following:
31 (1) The victim's rights under this article and other relevant law in
32 a document to be developed by the state sexual assault response
33 team, which shall be signed by the victim to confirm receipt,
34 unless the victim has already been provided with the document
35 under IC 35-40.5-4-2.
36 (2) The victim's right to speak with a victim advocate or victim
37 service provider, or support person during the course of the
38 investigation, and that the victim has the right to speak to victims
39 assistance or a social worker if a victim advocate or victim service
40 provider is not available.
41 (3) The victim's right to be interviewed by a law enforcement
42 officer of the gender of the victim's choosing. If no law
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1 enforcement officer of that gender is reasonably available, the
2 victim may be interviewed by an available law enforcement
3 officer only upon the victim's consent.
4 SECTION 7. IC 35-40.5-5.2 IS ADDED TO THE INDIANA CODE
5 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]:
7 Chapter 5.2. Analysis of Sexual Assault Forensic Evidence
8 Sec. 1. A victim has the right to prompt analysis of sexual
9 assault forensic evidence collected from a forensic medical
10 examination.
11 Sec. 2. A provider shall, upon conducting a forensic medical
12 examination to collect sexual assault forensic evidence, inform the
13 victim of the following:
14 (1) The sexual assault forensic evidence shall be transported
15 to the crime laboratory.
16 (2) Not later than ninety (90) days after receiving the sexual
17 assault forensic evidence, the crime laboratory shall analyze
18 the sexual assault forensic evidence, unless the victim waives
19 this requirement in writing at any time before analysis of the
20 evidence.
21 (3) The crime laboratory shall retain the sexual assault
22 forensic evidence until the later of:
23 (A) the statute of limitations bars prosecution of the
24 offense as described under IC 35-41-4-2; or
25 (B) the victim reaches forty (40) years of age if the victim
26 was a minor when the offense occurred;
27 before the evidence is destroyed.
28 (4) If the victim elects to waive the requirement under
29 subdivision (2), the victim may still request that the sexual
30 assault forensic evidence collected be tested before it is
31 destroyed pursuant to subdivision (3).
32 Sec. 3. Not later than twenty-four (24) hours after collecting any
33 sexual assault forensic evidence, a provider shall notify the law
34 enforcement agency with jurisdiction over the offense.
35 Sec. 4. (a) The law enforcement agency that receives notice
36 under section 3 of this chapter shall:
37 (1) obtain the sexual assault forensic evidence from the
38 provider and transport the evidence to a crime laboratory not
39 later than five (5) days after receiving notice from the
40 provider; or
41 (2) comply with the transport requirements described under
42 IC 16-21-8-10.
2025 IN 533—LS 6488/DI 147 5
1 (b) Pursuant to subsection (a)(2), if the law enforcement agency
2 complies with IC 16-21-8-10, the law enforcement agency must
3 transport the sexual assault forensic evidence to a crime laboratory
4 not later than forty-eight (48) hours after receiving notice from the
5 provider.
6 (c) Not later than five (5) days after receiving notice, the law
7 enforcement agency that receives notice or transports evidence
8 under this chapter shall assign a case number to any evidence that
9 is submitted to the crime laboratory for testing and analysis.
10 (d) If a law enforcement agency having possession of the sexual
11 assault forensic evidence does not have jurisdiction over the alleged
12 sexual assault, not later than five (5) days after taking possession
13 of the sexual assault forensic evidence, the law enforcement agency
14 shall notify the law enforcement agency having proper jurisdiction.
15 After receiving notice, the law enforcement agency having proper
16 jurisdiction shall take possession of the evidence and submit the
17 evidence as provided in this section.
18 (e) A law enforcement agency that submits sexual assault
19 forensic evidence to a crime laboratory shall, immediately after
20 submission, notify the victim of the:
21 (1) name, address, and telephone number of the crime
22 laboratory where the evidence has been submitted; and
23 (2) information described in section 2 of this chapter.
24 Sec. 5. Sexual assault forensic evidence may not be used:
25 (1) to prosecute a victim for any unrelated misdemeanor
26 crimes or any crime under IC 35-48-4; or
27 (2) as a basis to search for further evidence of any unrelated
28 misdemeanor crimes or any crime under IC 35-48-4 that may
29 have been committed by the victim.
30 SECTION 8. IC 35-40.5-7-2 IS ADDED TO THE INDIANA CODE
31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
32 1, 2025]: Sec. 2. Not later than five (5) business days after receiving
33 a written request by a victim, a law enforcement officer shall
34 provide a free, complete, and unaltered copy of all law enforcement
35 reports concerning the sexual assault to the victim, regardless of
36 whether the report has been closed by the law enforcement agency.
37 SECTION 9. IC 35-40.5-8 IS ADDED TO THE INDIANA CODE
38 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2025]:
40 Chapter 8. Cause of Action
41 Sec. 1. (a) If a victim suffers an injury:
42 (1) as the result of any act or practice that violates this article;
2025 IN 533—LS 6488/DI 147 6
1 or
2 (2) from a threatened violation of this article;
3 the individual may bring a civil action.
4 (b) A court may order an award of any or all of the following to
5 an individual who prevails in an action under subsection (a):
6 (1) The greater of:
7 (A) actual and consequential damages resulting from the
8 violation or threatened violation; or
9 (B) liquidated damages of not more than one thousand
10 dollars ($1,000).
11 (2) Reasonable attorney's fees, litigation expenses, and costs.
12 (3) Declaratory or equitable relief, including injunctive relief.
13 (4) Other relief the court considers proper.
14 (c) The remedies and penalties set forth in subsection (b) are:
15 (1) cumulative; and
16 (2) in addition to other remedies and penalties imposed for a
17 violation of this article.
18 SECTION 10. IC 35-40.5-9 IS ADDED TO THE INDIANA CODE
19 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]:
21 Chapter 9. Legal Procedures
22 Sec. 1. As provided under this article, a victim has the right to
23 be reasonably protected from the defendant and persons acting on
24 behalf of the defendant in either a civil or criminal case relating to
25 the alleged sexual assault.
26 Sec. 2. A victim shall not be required to submit to a polygraph
27 examination as provided under IC 35-37-4.5-2.
28 SECTION 11. IC 35-40.5-10 IS ADDED TO THE INDIANA
29 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2025]:
31 Chapter 10. Rights of Victims of Sexual Assault Commission
32 Sec. 1. As used in this chapter, "commission" refers to the rights
33 of victims of sexual assault commission established by section 2 of
34 this chapter.
35 Sec. 2. The rights of victims of sexual assault commission is
36 established under the executive branch of state government as a
37 continuing commission.
38 Sec. 3. The commission consists of the following members, all of
39 whom are voting members:
40 (1) The executive director of the Indiana criminal justice
41 institute or the executive director's designee.
42 (2) The superintendent of the state police department or the
2025 IN 533—LS 6488/DI 147 7
1 superintendent's designee.
2 (3) The secretary of education or the secretary's designee.
3 (4) The commissioner of the commission for higher education
4 or the commissioner's designee.
5 (5) Ten (10) members who are Indiana residents appointed by
6 the governor as follows:
7 (A) One (1) member who is a victim.
8 (B) One (1) member who is a representative of the Indiana
9 Coalition to End Sexual Assault and Human Trafficking.
10 (C) One (1) member who is a representative of the
11 prosecuting attorneys council of Indiana.
12 (D) One (1) member who is a representative of the Indiana
13 State Bar Association.
14 (E) One (1) member who is a representative of the Indiana
15 Association of Chiefs of Police.
16 (F) One (1) member who is a representative of the Indiana
17 state police laboratory division.
18 (G) One (1) member who is a representative of a rape crisis
19 center.
20 (H) One (1) member who is a representative of an
21 organization that provides services, education, or outreach
22 to minority communities and immigrant communities.
23 (I) One (1) member who is a representative of an
24 organization that provides services, education, or outreach
25 to lesbian, gay, bisexual, and transgender individuals.
26 (J) One (1) member who is a forensic nurse.
27 Sec. 4. (a) The executive director of the Indiana criminal justice
28 institute or the executive director's designee shall serve as the
29 chairperson of the commission.
30 (b) Members of the commission appointed under section 3(5) of
31 this chapter serve a term that ends June 30 of the odd-numbered
32 year next following appointment but may be reappointed for
33 subsequent terms. A member to whom this subsection applies
34 serves at the will of the governor.
35 (c) A vacancy under subsection (b) shall be filled by the
36 governor to meet the corresponding qualification. A member
37 appointed under this subsection serves until the end of the
38 unexpired term of the vacating member.
39 Sec. 5. The commission shall meet at least one (1) time each year
40 and at the call of the chairperson.
41 Sec. 6. (a) Eight (8) members of the commission constitute a
42 quorum.
2025 IN 533—LS 6488/DI 147 8
1 (b) The affirmative votes of a majority of the voting members
2 appointed to the commission are required for the commission to
3 take action on any measure.
4 Sec. 7. The Indiana criminal justice institute shall staff the
5 commission.
6 Sec. 8. The following apply to the mileage, per diem, and travel
7 expenses for the commission:
8 (1) Each member of the commission who is not a state
9 employee is entitled to the minimum salary per diem provided
10 by IC 4-10-11-2.1(b). The member is also entitled to
11 reimbursement for mileage, traveling expenses as provided
12 under IC 4-13-1-4, and other expenses actually incurred in
13 connection with the member's duties as provided in the state
14 policies and procedures established by the Indiana
15 department of administration and approved by the budget
16 agency.
17 (2) Each member of the commission who is a state employee
18 but who is not a member of the general assembly is entitled to
19 the minimum salary per diem, mileage, and traveling expenses
20 provided under IC 4-13-1-4 and other expenses actually
21 incurred in connection with the member's duties as provided
22 in the state policies and procedures established by the Indiana
23 department of administration and approved by the budget
24 agency.
25 Sec. 9. The commission shall study nationally recognized best
26 practices and make recommendations regarding the following:
27 (1) The development and implementation of an effective
28 mechanism for submitting, tracking, and investigating
29 complaints regarding the handling of, or response to, a sexual
30 assault report or investigation by any agency or organization
31 involved in the handling or response.
32 (2) Whether a need exists for additional victim advocates for
33 victims. If the commission determines there is a need for
34 additional victim advocates, the commission shall:
35 (A) develop criteria to certify victim advocates;
36 (B) in conjunction with rape crisis centers, victim advocacy
37 organizations, and other similar agencies or organizations,
38 establish a plan to provide additional victim advocates to
39 meet the needs identified by the commission; and
40 (C) determine the cost of funding the plan described in
41 clause (B).
42 (3) Whether a need exists to expand a victim's right to a
2025 IN 533—LS 6488/DI 147 9
1 victim advocate beyond the medical examination and law
2 enforcement, prosecuting attorney, or defense attorney
3 interview settings. If the commission determines there is a
4 need to expand the right to a victim advocate, the commission
5 shall:
6 (A) identify the scope and nature of the need; and
7 (B) make recommendations on how to fulfill the need.
8 (4) Whether a need exists to provide an ongoing evaluation of
9 the implementation of the rights of victims. If such a need
10 does exist, the commission shall:
11 (A) identify the scope and nature of the need; and
12 (B) make recommendations on how to fulfill the need.
13 (5) Whether there is an ongoing need to maintain the
14 commission after the commission issues the report required
15 by section 12 of this chapter.
16 Sec. 10. In fulfilling the requirements described in section 9 of
17 this chapter, the commission shall do the following:
18 (1) Collect data concerning:
19 (A) sexual assault reporting;
20 (B) arrests;
21 (C) prosecution rates;
22 (D) access to victim advocates; and
23 (E) any other data necessary for the commission's
24 deliberations and recommendations.
25 If the data described in this subdivision does not exist, the
26 commission shall encourage the Indiana criminal justice
27 institute to collect and maintain the data.
28 (2) Obtain feedback from stakeholders, practitioners, and
29 leadership in law enforcement, victim services, forensic
30 science, and health care for the development of best practices
31 or clinical guidelines for caring for and treating victims.
32 Sec. 11. In undertaking the commission's duties described in this
33 chapter, the commission may retain independent experts to:
34 (1) request files and records from any law enforcement officer
35 in a manner that keeps the information confidential,
36 anonymous, and in the aggregate;
37 (2) conduct confidential interviews with law enforcement
38 officers, medical providers, victim advocates, and others with
39 direct knowledge of the sexual assault response process; and
40 (3) provide advice and recommendations to the commission
41 while maintaining confidentiality.
42 Sec. 12. Not later than December 31, 2026, the commission shall
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1 prepare and submit a report summarizing the commission's
2 findings and recommendations under this chapter to the:
3 (1) general assembly in an electronic format under IC 5-14-6;
4 (2) governor; and
5 (3) attorney general.
2025 IN 533—LS 6488/DI 147