Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1249
AN ACT to amend the Indiana Code concerning family law and
juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-2-22-1, AS AMENDED BY P.L.161-2018,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. The following definitions apply throughout this
chapter:
(1) "Crime of child abuse" means:
(A) neglect of a dependent (IC 35-46-1-4) if the dependent is
a child and the offense is committed under:
(i) IC 35-46-1-4(a)(1);
(ii) IC 35-46-1-4(a)(2); or
(iii) IC 35-46-1-4(a)(3);
(B) child selling (IC 35-46-1-4(d));
(C) a sex offense (as defined in IC 11-8-8-5.2) committed
against a child; or
(D) battery against a child under:
(i) IC 35-42-2-1(e)(3) (battery on a child);
(ii) IC 35-42-2-1(g)(5)(B) IC 35-42-2-1(h)(5)(B) (battery
causing bodily injury to a child);
(iii) IC 35-42-2-1(j) IC 35-42-2-1(k) (battery causing
serious bodily injury to a child); or
(iv) IC 35-42-2-1(k) IC 35-42-2-1(l) (battery resulting in the
death of a child).
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(2) "Office" refers to the office of judicial administration created
under by IC 33-24-6-1.
(3) "Registry" means the child abuse registry established under
section 2 of this chapter.
SECTION 2. IC 5-14-3-4, AS AMENDED BY HEA 1360-2026,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) The following public records are excepted
from section 3 of this chapter and may not be disclosed by a public
agency, unless access to the records is specifically required by a state
or federal statute or is ordered by a court under the rules of discovery:
(1) Those declared confidential by state statute.
(2) Those declared confidential by rule adopted by a public
agency under specific authority to classify public records as
confidential granted to the public agency by statute.
(3) Those required to be kept confidential by federal law.
(4) Records containing trade secrets.
(5) Confidential financial information obtained, upon request,
from a person. However, this does not include information that is
filed with or received by a public agency pursuant to state statute.
(6) Information concerning research, including actual research
documents, conducted under the auspices of a state educational
institution, including information:
(A) concerning any negotiations made with respect to the
research; and
(B) received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained as
part of a licensure process.
(8) Those declared confidential by or under rules adopted by the
supreme court of Indiana.
(9) Patient medical records and charts created by a provider,
unless the patient gives written consent under IC 16-39 or as
provided under IC 16-41-8.
(10) Application information declared confidential by the Indiana
economic development corporation under IC 5-28.
(11) A photograph, a video recording, or an audio recording of an
autopsy, except as provided in IC 36-2-14-10.
(12) A Social Security number contained in the records of a
public agency.
(13) The following information that is part of a foreclosure action
subject to IC 32-30-10.5:
(A) Contact information for a debtor, as described in
IC 32-30-10.5-8(d)(1)(B).
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(B) Any document submitted to the court as part of the debtor's
loss mitigation package under IC 32-30-10.5-10(a)(3).
(14) The following information obtained from a call made to a
fraud hotline established under IC 36-1-8-8.5:
(A) The identity of any individual who makes a call to the
fraud hotline.
(B) A report, transcript, audio recording, or other information
concerning a call to the fraud hotline.
However, records described in this subdivision may be disclosed
to a law enforcement agency, a private university police
department, the attorney general, the inspector general, the state
examiner, or a prosecuting attorney.
(15) Information described in section 5(c)(3)(B) of this chapter
that is contained in a daily log or record described in section 5(c)
of this chapter for a victim of a crime or delinquent act who is less
than eighteen (18) years of age, unless and to the extent that:
(A) a parent, guardian, or custodian of the victim consents in
writing to public disclosure of the records; and
(B) that parent, guardian, or custodian of the victim has not
been charged with or convicted of committing a crime against
the victim.
However, records described in this subdivision may be disclosed
to the department of child services.
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
(1) Investigatory records of law enforcement agencies or private
university police departments. For purposes of this chapter, a law
enforcement recording is not an investigatory record. However,
information described in subsection (a)(15) contained in a law
enforcement recording is exempt from disclosure, unless and to
the extent that a parent, guardian, or custodian of the victim
consents in writing to public disclosure of the records. However,
a parent, guardian, or custodian charged with or convicted of a
crime against the victim may not consent to public disclosure of
the records. Law enforcement agencies or private university
police departments may share investigatory records with:
(A) a person who advocates on behalf of a crime victim,
including a victim advocate (as defined in IC 35-37-6-3.5) or
a victim service provider (as defined in IC 35-37-6-5), for the
purposes of providing services to a victim or describing
services that may be available to a victim;
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(B) a school corporation (as defined by IC 20-18-2-16(a)),
charter school (as defined by IC 20-24-1-4), or nonpublic
school (as defined by IC 20-18-2-12) for the purpose of
enhancing the safety or security of a student or a school
facility; and
(C) the victim services division of the Indiana criminal justice
institute under IC 5-2-6-8, for the purposes of conducting an
investigation under IC 5-2-6.1-26;
without the law enforcement agency or private university police
department losing its discretion to keep those records confidential
from other records requesters. However, certain law enforcement
records must be made available for inspection and copying as
provided in section 5 of this chapter.
(2) The work product of an attorney representing, pursuant to
state employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data used
in administering a licensing examination, examination for
employment, or academic examination before the examination is
given or if it is to be given again.
(4) Scores of tests if the person is identified by name and has not
consented to the release of the person's scores.
(5) The following:
(A) Records relating to negotiations between:
(i) the Indiana economic development corporation;
(ii) the ports of Indiana;
(iii) the Indiana state department of agriculture;
(iv) the Indiana finance authority;
(v) an economic development commission;
(vi) the Indiana White River state park development
commission;
(vii) a local economic development organization that is a
nonprofit corporation established under state law whose
primary purpose is the promotion of industrial or business
development in Indiana, the retention or expansion of
Indiana businesses, or the development of entrepreneurial
activities in Indiana; or
(viii) a governing body of a political subdivision;
with industrial, research, or commercial prospects, if the
records are created while negotiations are in progress.
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However, this clause does not apply to records regarding
research that is prohibited under IC 16-34.5-1-2 or any other
law.
(B) Notwithstanding clause (A), the terms of the final offer of
public financial resources communicated by the Indiana
economic development corporation, the ports of Indiana, the
Indiana finance authority, an economic development
commission, the Indiana White River state park development
commission, or a governing body of a political subdivision to
an industrial, a research, or a commercial prospect shall be
available for inspection and copying under section 3 of this
chapter after negotiations with that prospect have terminated.
(C) When disclosing a final offer under clause (B), the Indiana
economic development corporation shall certify that the
information being disclosed accurately and completely
represents the terms of the final offer.
(D) Notwithstanding clause (A), an incentive agreement with
an incentive recipient shall be available for inspection and
copying under section 3 of this chapter after the date the
incentive recipient and the Indiana economic development
corporation execute the incentive agreement regardless of
whether negotiations are in progress with the recipient after
that date regarding a modification or extension of the incentive
agreement.
(6) Records that are intra-agency or interagency advisory or
deliberative material, including material developed by a private
contractor under a contract with a public agency, that are
expressions of opinion or are of a speculative nature, and that are
communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the
functional equivalent of a diary or journal.
(8) Personnel files of public employees and files of applicants for
public employment, except for:
(A) the name, compensation, job title, business address,
business telephone number, job description, education and
training background, previous work experience, or dates of
first and last employment of present or former officers or
employees of the agency;
(B) information relating to the status of any formal charges
against the employee; and
(C) the factual basis for a disciplinary action in which final
action has been taken and that resulted in the employee being
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suspended, demoted, or discharged.
However, all personnel file information shall be made available
to the affected employee or the employee's representative. This
subdivision does not apply to disclosure of personnel information
generally on all employees or for groups of employees without the
request being particularized by employee name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would
jeopardize a record keeping system, voting system, voter
registration system, or security system.
(11) Computer programs, computer codes, computer filing
systems, and other software that are owned by the public agency
or entrusted to it and portions of electronic maps entrusted to a
public agency by a utility.
(12) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1.
However, this subdivision does not apply to that information
required to be available for inspection and copying under
subdivision (8).
(13) The work product of the legislative services agency under
personnel rules approved by the legislative council.
(14) The work product of individual members and the partisan
staffs of the general assembly.
(15) The identity of a donor of a gift made to a public agency if:
(A) the donor requires nondisclosure of the donor's identity as
a condition of making the gift; or
(B) after the gift is made, the donor or a member of the donor's
family requests nondisclosure.
(16) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition
that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified in
the documents under which the deposit or acquisition is
made; or
(iii) after the death of persons specified at the time of the
acquisition or deposit.
However, nothing in this subdivision shall limit or affect contracts
entered into by the Indiana state library pursuant to IC 4-1-6-8.
(17) The identity of any person who contacts the bureau of motor
vehicles concerning the ability of a driver to operate a motor
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vehicle safely and the medical records and evaluations made by
the bureau of motor vehicles staff or members of the driver
licensing medical advisory board regarding the ability of a driver
to operate a motor vehicle safely. However, upon written request
to the commissioner of the bureau of motor vehicles, the driver
must be given copies of the driver's medical records and
evaluations.
(18) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
(19) A record or a part of a record, the public disclosure of which
would have a reasonable likelihood of threatening public safety
by exposing a vulnerability to terrorist attack. A record described
under this subdivision includes the following:
(A) A record assembled, prepared, or maintained to prevent,
mitigate, or respond to an act of terrorism under IC 35-47-12-1
(before its repeal), an act of agricultural terrorism under
IC 35-47-12-2 (before its repeal), or a felony terrorist offense
(as defined in IC 35-50-2-18).
(B) Vulnerability assessments.
(C) Risk planning documents.
(D) Needs assessments.
(E) Threat assessments.
(F) Intelligence assessments.
(G) Domestic preparedness strategies.
(H) The location of community drinking water wells and
surface water intakes.
(I) The emergency contact information of emergency
responders and volunteers.
(J) Infrastructure records that disclose the configuration of
critical systems such as voting system and voter registration
system critical infrastructure, and communication, electrical,
ventilation, water, and wastewater systems.
(K) Detailed drawings or specifications of structural elements,
floor plans, and operating, utility, or security systems, whether
in paper or electronic form, of any building or facility located
on an airport (as defined in IC 8-21-1-1) that is owned,
occupied, leased, or maintained by a public agency, or any part
of a law enforcement recording that captures information
about airport security procedures, areas, or systems. A record
described in this clause may not be released for public
inspection by any public agency without the prior approval of
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the public agency that owns, occupies, leases, or maintains the
airport. Both of the following apply to the public agency that
owns, occupies, leases, or maintains the airport:
(i) The public agency is responsible for determining whether
the public disclosure of a record or a part of a record,
including a law enforcement recording, has a reasonable
likelihood of threatening public safety by exposing a
security procedure, area, system, or vulnerability to terrorist
attack.
(ii) The public agency must identify a record described
under item (i) and clearly mark the record as "confidential
and not subject to public disclosure under
IC 5-14-3-4(b)(19)(J) without approval of (insert name of
submitting public agency)". However, in the case of a law
enforcement recording, the public agency must clearly mark
the record as "confidential and not subject to public
disclosure under IC 5-14-3-4(b)(19)(K) without approval of
(insert name of the public agency that owns, occupies,
leases, or maintains the airport)".
(L) The home address, home telephone number, and
emergency contact information for any:
(i) emergency management worker (as defined in
IC 10-14-3-3);
(ii) public safety officer (as defined in IC 35-47-4.5-3);
(iii) emergency medical responder (as defined in
IC 16-18-2-109.8); or
(iv) advanced emergency medical technician (as defined in
IC 16-18-2-6.5).
(M) Information relating to security measures or precautions
used to secure the statewide 911 system under IC 36-8-16.7.
This subdivision does not apply to a record or portion of a record
pertaining to a location or structure owned or protected by a
public agency in the event that an act of terrorism under
IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
under IC 35-47-12-2 (before its repeal), or a felony terrorist
offense (as defined in IC 35-50-2-18) has occurred at that location
or structure, unless release of the record or portion of the record
would have a reasonable likelihood of threatening public safety
by exposing a vulnerability of other locations or structures to
terrorist attack.
(20) The following personal information concerning a customer
of a municipally owned utility (as defined in IC 8-1-2-1):
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(A) Telephone number.
(B) Address.
(C) Social Security number.
(21) The following personal information about a complainant
contained in records of a law enforcement agency:
(A) Telephone number.
(B) The complainant's address. However, if the complainant's
address is the location of the suspected crime, infraction,
accident, or complaint reported, the address shall be made
available for public inspection and copying.
(22) Notwithstanding subdivision (8)(A), the name,
compensation, job title, business address, business telephone
number, job description, education and training background,
previous work experience, or dates of first employment of a law
enforcement officer who is operating in an undercover capacity.
(23) Records requested by an offender, an agent, or a relative of
an offender that:
(A) contain personal information relating to:
(i) a correctional officer (as defined in IC 5-10-10-1.5);
(ii) a probation officer;
(iii) a community corrections officer;
(iv) a law enforcement officer (as defined in
IC 35-31.5-2-185);
(v) a judge (as defined in IC 33-38-12-3);
(vi) the victim of a crime; or
(vii) a family member of a correctional officer, probation
officer, community corrections officer, law enforcement
officer (as defined in IC 35-31.5-2-185), judge (as defined
in IC 33-38-12-3), or victim of a crime; or
(B) concern or could affect the security of a jail or correctional
facility.
For purposes of this subdivision, "agent" means a person who is
authorized by an offender to act on behalf of, or at the direction
of, the offender, and "relative" has the meaning set forth in
IC 35-42-2-1(b). IC 35-42-2-1(a). However, the term "agent"
does not include an attorney in good standing admitted to the
practice of law in Indiana.
(24) Information concerning an individual less than eighteen (18)
years of age who participates in a conference, meeting, program,
or activity conducted or supervised by a state educational
institution, including the following information regarding the
individual or the individual's parent or guardian:
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(A) Name.
(B) Address.
(C) Telephone number.
(D) Electronic mail account address.
(25) Criminal intelligence information.
(26) The following information contained in a report of unclaimed
property under IC 32-34-1.5-18 or in a claim for unclaimed
property under IC 32-34-1.5-48:
(A) Date of birth.
(B) Driver's license number.
(C) Taxpayer identification number.
(D) Employer identification number.
(E) Account number.
(27) Except as provided in subdivision (19) and sections 5.1 and
5.2 of this chapter, a law enforcement recording. However, before
disclosing the recording, the public agency must comply with the
obscuring requirements of sections 5.1 and 5.2 of this chapter, if
applicable.
(28) Records relating to negotiations between a state educational
institution and another entity concerning the establishment of a
collaborative relationship or venture to advance the research,
engagement, or educational mission of the state educational
institution, if the records are created while negotiations are in
progress. The terms of the final offer of public financial resources
communicated by the state educational institution to an industrial,
a research, or a commercial prospect shall be available for
inspection and copying under section 3 of this chapter after
negotiations with that prospect have terminated. However, this
subdivision does not apply to records regarding research
prohibited under IC 16-34.5-1-2 or any other law.
(c) Nothing contained in subsection (b) shall limit or affect the right
of a person to inspect and copy a public record required or directed to
be made by any statute or by any rule of a public agency.
(d) Notwithstanding any other law, a public record that is classified
as confidential, other than a record concerning:
(1) an adoption or patient medical records; or
(2) a birth or stillbirth;
shall be made available for inspection and copying seventy-five (75)
years after the creation of that record. A registration or certificate of a
birth or stillbirth shall be made available in accordance with
IC 16-37-1-7.5.
(e) A public agency may deny a request under this chapter for a
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record if the request:
(1) is made by a person that is a party to pending or ongoing
litigation; and
(2) is duplicative of a discovery request made by the person in the
pending or ongoing litigation.
(f) Only the content of a public record may form the basis for the
adoption by any public agency of a rule or procedure creating an
exception from disclosure under this section.
(g) Except as provided by law, a public agency may not adopt a rule
or procedure that creates an exception from disclosure under this
section based upon whether a public record is stored or accessed using
paper, electronic media, magnetic media, optical media, or other
information storage technology.
(h) Except as provided by law, a public agency may not adopt a rule
or procedure nor impose any costs or liabilities that impede or restrict
the reproduction or dissemination of any public record.
(i) Notwithstanding subsection (d) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the
ordinary course of business.
SECTION 3. IC 7.1-1-3-13.5, AS AMENDED BY P.L.142-2020,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13.5. "Conviction for operating while intoxicated"
means a conviction (as defined in IC 9-13-2-38) for a crime under
IC 9-30-5-1 through IC 9-30-5-9, IC 35-46-9-6 (before its repeal), or
IC 14-15-8 (before its repeal).
SECTION 4. IC 8-3-1-20.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 20.5. (a) As used in this section, "personally
identifying information" means the following information that
identifies an individual:
(1) Name.
(2) Driver's license number.
(3) Address (other than the ZIP code).
(4) Date of birth.
(5) Electronic mail address.
(6) Telephone number.
The term does not include information about vehicular accidents,
driving or equipment related violations, and driver's license or
registration status.
(b) Personally identifying information of railroad crew
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members must be redacted from any public report involving a
railroad fatality.
(c) Any law enforcement agency or other person who possesses
a report involving a railroad fatality shall maintain the report in
a manner that ensures the confidentiality of the railroad crew's
personally identifying information.
(d) An unredacted copy of a report involving a railroad fatality
must be accessible at all reasonable times:
(1) to the host or employing railroad;
(2) by a court order;
(3) to a person specifically authorized by a court order to
obtain the information if access to the information is
necessary in the performance of the duties of the person; and
(4) to:
(A) law enforcement officers;
(B) the attorney general;
(C) the attorney general's deputies and assistants;
(D) the department; and
(E) the department's staff;
if access to the information is necessary in the performance of
the duties of a person described in clauses (A) through (E).
SECTION 5. IC 9-13-2-130, AS AMENDED BY P.L.142-2020,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 130. "Previous conviction of operating while
intoxicated" means a previous conviction for:
(1) an alcohol related or drug related crime under Acts 1939, c.48,
s.52, as amended, IC 9-4-1-54 (repealed September 1, 1983), or
IC 9-11-2 (repealed July 1, 1991); or
(2) a crime under IC 9-30-5-1 through IC 9-30-5-9; or
(3) a crime under IC 35-46-9 (before its repeal), IC 14-1-5
(before its repeal), or IC 14-15-8-8 (before its repeal).
SECTION 6. IC 9-13-2-196, AS AMENDED BY P.L.164-2020,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 196. (a) "Vehicle" means, except as otherwise
provided in this section, a device in, upon, or by which a person or
property is, or may be, transported or drawn upon a highway. The term
does not include the following:
(1) A device moved by human power.
(2) A device that runs only on rails or tracks.
(3) A wheelchair.
(4) An electric foot scooter.
(b) For purposes of IC 9-17, the term includes the following:
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(1) Off-road vehicles.
(2) Manufactured homes or mobile homes that are:
(A) personal property not held for resale; and
(B) not attached to real estate by a permanent foundation.
(3) Watercraft.
(c) For purposes of IC 9-22 (except IC 9-22-6) and IC 9-32, the term
refers to a vehicle or watercraft of a type that must be registered under
IC 9-18-2 (before its expiration) or IC 9-18.1, other than an off-road
vehicle or a snowmobile under IC 9-18-2.5 (before its expiration) or
IC 9-18.1-14.
(d) For purposes of IC 9-30-5, IC 9-30-6, IC 9-30-8, and IC 9-30-9,
the term means a device for transportation by land, or air, or water.
The term does not include an electric personal assistive mobility
device.
SECTION 7. IC 9-30-5-15, AS AMENDED BY P.L.217-2017,
SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 15. (a) In addition to any criminal penalty
imposed for an offense under this chapter, the court shall: If a person
has one (1) previous conviction of operating while intoxicated, the
court shall:
(1) order:
(A) that the person be imprisoned for at least five (5) ten (10)
days; or
(B) the person to perform at least two hundred forty (240)
hours of community restitution or service; and
(2) order the person to receive an assessment of the person's
degree of alcohol and drug abuse and, if appropriate, to
successfully complete an alcohol or drug abuse treatment
program, including an alcohol deterrent program if the person
suffers from alcohol abuse.
if the person has one (1) previous conviction of operating while
intoxicated.
(b) In addition to any criminal penalty imposed for an offense under
this chapter, the court shall: If a person has at least two (2) previous
convictions of operating while intoxicated, the court shall:
(1) order:
(A) that the person be imprisoned for at least ten (10) twenty
(20) days; or
(B) the person to perform at least four hundred eighty (480)
hours of community restitution or service; and
(2) order the person to receive an assessment of the person's
degree of alcohol and drug abuse and, if appropriate, to
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successfully complete an alcohol or drug abuse treatment
program, including an alcohol deterrent program if the person
suffers from alcohol abuse.
if the person has at least two (2) previous convictions of operating
while intoxicated.
(c) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, a sentence
imposed under this section may not be suspended. The court may
require that the person serve the term of imprisonment in an
appropriate facility at whatever time or intervals (consecutive or
intermittent) determined appropriate by the court. However:
(1) at least forty-eight (48) hours of the sentence must be served
consecutively; and
(2) the entire sentence must be served within six (6) months after
the date of sentencing.
(d) Notwithstanding IC 35-50-6, A person does not earn good time
credit (as defined in IC 35-50-6-0.5) while serving a sentence imposed
under this section.
(e) This section does not increase the maximum sentence for the
offense as provided by either IC 35-50-2 or IC 35-50-3.
SECTION 8. IC 9-30-6-6, AS AMENDED BY P.L.174-2021,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) A physician, a person trained in retrieving
contraband or obtaining bodily substance samples and acting under the
direction of or under a protocol prepared by a physician, or a licensed
health care professional acting within the professional's scope of
practice and under the direction of or under a protocol prepared by a
physician, who:
(1) obtains a blood, urine, or other bodily substance sample from
a person, regardless of whether the sample is taken for diagnostic
purposes or at the request of a law enforcement officer under this
section;
(2) performs a chemical test on blood, urine, or other bodily
substance obtained from a person; or
(3) searches for or retrieves contraband from the body cavity of an
individual;
shall deliver the sample or contraband or disclose the results of the test
to a law enforcement officer who requests the sample, contraband, or
results as a part of a criminal investigation. Samples, contraband, and
test results shall be provided to a law enforcement officer even if the
person has not consented to or otherwise authorized their release.
(b) A physician, a licensed health care professional, a hospital, or an
agent of a physician or hospital is not civilly or criminally liable for any
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of the following:
(1) Disclosing test results in accordance with this section.
(2) Delivering contraband, or a blood, urine, or other bodily
substance sample in accordance with this section.
(3) Searching for or retrieving contraband or obtaining a blood,
urine, or other bodily substance sample in accordance with this
section.
(4) Disclosing to the prosecuting attorney or the deputy
prosecuting attorney for use at or testifying at the criminal trial of
the person as to facts observed or opinions formed.
(5) Failing to treat a person from whom contraband is retrieved or
a blood, urine, or other bodily substance sample is obtained at the
request of a law enforcement officer if the person declines
treatment.
(6) Injury to a person arising from the performance of duties in
good faith under this section. However, immunity does not apply
if the physician, licensed health care professional, hospital, or
agent of a physician or hospital acts with gross negligence or
willful or wanton misconduct.
(c) For the purposes of a criminal proceeding:
(1) the privileges arising from a patient-physician relationship do
not apply to the contraband, samples, test results, or testimony
described in this section; and
(2) contraband, samples, test results, and testimony may be
admitted in a proceeding in accordance with the applicable rules
of evidence.
(d) The exceptions to the patient-physician relationship specified in
subsection (c) do not affect those relationships in a proceeding that is
not a criminal proceeding.
(e) The contraband, test results, and samples obtained by a law
enforcement officer under subsection (a) may be disclosed only to a
prosecuting attorney or a deputy prosecuting attorney for use as
evidence in a criminal proceeding.
(f) This section does not require a physician or a person under the
direction of a physician to perform a chemical test or to retrieve
contraband.
(g) If the person:
(1) from whom the contraband is to be retrieved or the bodily
substance sample is to be obtained under this section does not
consent; and
(2) resists the retrieval of the contraband or the taking of a
sample;
HEA 1249 — CC 1
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the law enforcement officer may use reasonable force to assist an
individual, who must be authorized under this section to retrieve
contraband or obtain a sample, in the retrieval of the contraband or the
taking of the sample.
(h) The person authorized under this section to retrieve contraband
or obtain a bodily substance sample shall take the sample or retrieve
the contraband in a medically accepted manner.
(i) This subsection does not apply to contraband retrieved or a
bodily substance sample taken at a licensed hospital (as defined in
IC 16-18-2-179(a) and IC 16-18-2-179(b)). A law enforcement officer
may transport the person to a place where the contraband may be
retrieved or the sample may be obtained by any of the following
persons who are trained in retrieving contraband or obtaining bodily
substance samples and who have been engaged to retrieve contraband
or obtain samples under this section:
(1) A physician holding an unlimited license to practice medicine
or osteopathy.
(2) A registered nurse.
(3) A licensed practical nurse.
(4) An advanced emergency medical technician (as defined in
IC 16-18-2-6.5).
(5) A paramedic (as defined in IC 16-18-2-266).
(6) Except as provided in subsections (j) through (k), any other
person qualified through training, experience, or education to
retrieve contraband or obtain a bodily substance sample.
(j) A law enforcement officer may not retrieve contraband or obtain
a bodily substance sample under this section if the contraband is to be
retrieved or the sample is to be obtained from another law enforcement
officer as a result of the other law enforcement officer's involvement in
an accident or alleged crime.
(k) A law enforcement officer who is otherwise qualified to obtain
a bodily substance sample under this section may obtain a bodily
substance sample from a person involved in an accident or alleged
crime who is not a law enforcement officer only if:
(1) the officer obtained a bodily substance sample from an
individual as part of the officer's official duties as a law
enforcement officer; and
(2) the:
(A) person consents to the officer obtaining a bodily substance
sample; or
(B) obtaining of the bodily substance sample is authorized by
a search warrant.
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(l) A physician or a person trained in obtaining bodily samples who
is acting under the direction of or under a protocol prepared by a
physician shall obtain a blood sample if the following conditions are
satisfied:
(1) A law enforcement officer requests that the sample be
obtained.
(2) The law enforcement officer has certified in writing the
following:
(A) That the officer has probable cause to believe the person
from whom the sample is to be obtained has violated
IC 9-30-5-4, IC 9-30-5-5, IC 35-46-9-6(b)(2) (before its
repeal), or IC 35-46-9-6(c) (before its repeal).
(B) That the offense resulting in a criminal investigation
described in subsection (a) occurred not more than three (3)
hours before the time the sample is requested.
(C) That exigent circumstances exist that create pressing
health, safety, or law enforcement needs that would take
priority over a warrant application.
(3) Not more than the use of reasonable force is necessary to
obtain the sample.
SECTION 9. IC 9-30-6-8, AS AMENDED BY HEA 1202-2026,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) Except as provided in IC 9-30-16-1(g),
whenever a judicial officer has determined that there was probable
cause to believe that a person has violated IC 9-30-5, IC 35-46-9
(before its repeal), or IC 14-15-8 (before its repeal), the clerk of the
court shall forward, in a form and manner prescribed by the bureau:
(1) a paper copy of the affidavit, or an electronic substitute; or
(2) a bureau certificate as described in section 16 of this chapter;
to the bureau at the conclusion of the initial hearing held under
subsection (c), IC 35-33-7-1, or if the initial hearing was waived,
upon notice of waiver of the initial hearing.
(b) The probable cause affidavit required under section 7(b)(2) of
this chapter must do the following:
(1) Set forth the grounds for the arresting officer's belief that there
was probable cause that the arrested person was operating a
vehicle in violation of IC 9-30-5 or a motorboat in violation of
IC 35-46-9 (before its repeal) or IC 14-15-8 (before its repeal).
(2) State that the person was arrested for a violation of IC 9-30-5
or operating a motorboat in violation of IC 35-46-9 (before its
repeal) or IC 14-15-8 (before its repeal).
(3) State whether the person:
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(A) refused to submit to a chemical test when offered; or
(B) submitted to a chemical test that resulted in prima facie
evidence that the person was intoxicated.
(4) Be sworn to by the arresting officer.
(c) Except as provided in subsection (d), if it is determined under
subsection (a) that there was probable cause to believe that a person
has violated IC 9-30-5, IC 35-46-9 (before its repeal), or IC 14-15-8
(before its repeal), at the initial hearing of the matter held under
IC 35-33-7-1 the court shall recommend immediate suspension of the
person's driving privileges to take effect on the date the order is
entered, and forward to the bureau a copy of the order recommending
immediate suspension of driving privileges.
(d) If it is determined under subsection (a) that there is probable
cause to believe that a person violated IC 9-30-5, IC 9-30-5-1(a) or
IC 9-30-5-1(b), the court may, as an alternative to any suspension of
the person's driving privileges under subsection (c), issue an order
recommending that the person be prohibited from operating a motor
vehicle unless the motor vehicle is equipped with a functioning
registered ignition interlock device under IC 9-30-8. This subsection
applies even if the probable cause affidavit in subsection (b) states that
the person:
(1) refused to submit to a chemical test; or
(2) submitted to a chemical test that resulted in prima facie
evidence that the person was intoxicated; or
(3) was also charged under IC 9-30-5-2.
The order remains in effect until the bureau is notified by a court that
the criminal charges against the person have been resolved. When the
court issues an order under this subsection, no administrative
suspension is imposed by the bureau and no suspension is noted on the
person's driving record.
(e) A person commits a Class B infraction if the person:
(1) operates a motor vehicle without a functioning registered
ignition interlock device; and
(2) is prohibited from operating a motor vehicle unless the motor
vehicle is equipped with a functioning registered ignition
interlock device under subsection (d).
(f) A person commits a Class B misdemeanor if the person:
(1) operates a motor vehicle without a functioning registered
ignition interlock device; and
(2) knows the person is prohibited from operating a motor vehicle
unless the motor vehicle is equipped with a functioning registered
ignition interlock device under subsection (d).
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SECTION 10. IC 9-30-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 3. (a) A law
enforcement officer shall offer a portable breath test or chemical test
to any person who the officer has reason to believe operated a vehicle
that was involved in a fatal accident or an accident involving serious
bodily injury. If:
(1) the results of a portable breath test indicate the presence of
alcohol;
(2) the results of a portable breath test do not indicate the
presence of alcohol but the law enforcement officer has probable
cause to believe the person is under the influence of a controlled
substance or another drug; or
(3) the person refuses to submit to a portable breath test;
the law enforcement officer shall offer a chemical test to the person.
(b) A law enforcement officer shall offer a chemical test that
includes a blood test to any person who the officer has reason to
believe operated a vehicle that was involved in a fatal accident.
(b) (c) A law enforcement officer may offer a person more than one
(1) portable breath test or chemical test under this section. However, all
chemical tests must be administered within three (3) hours after the
fatal accident or the accident involving serious bodily injury.
(c) (d) It is not necessary for a law enforcement officer to offer a
portable breath test or chemical test to an unconscious person.
SECTION 11. IC 9-30-10-4, AS AMENDED BY P.L.218-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) A person who has accumulated at least two
(2) judgments within a ten (10) year period for any of the following
violations, singularly or in combination, and not arising out of the same
incident, is a habitual violator:
(1) Reckless homicide resulting from the operation of a motor
vehicle.
(2) Voluntary or involuntary manslaughter resulting from the
operation of a motor vehicle.
(3) Failure of the operator of a motor vehicle involved in an
accident resulting in death or injury to any person to stop at the
scene of the accident and give the required information and
assistance.
(4) Operation of a vehicle while intoxicated resulting in death.
(5) Before July 1, 1997, operation of a vehicle with at least
ten-hundredths percent (0.10%) alcohol in the blood resulting in
death.
(6) After June 30, 1997, and before July 1, 2001, operation of a
HEA 1249 — CC 1
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vehicle with an alcohol concentration equivalent to at least
ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(7) After June 30, 2001, operation of a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram
of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(8) After June 30, 2001, operation of a motor vehicle with a
schedule I or schedule II controlled substance in the blood
resulting in death.
(b) A person who has accumulated at least three (3) judgments
within a ten (10) year period for any of the following violations,
singularly or in combination, and not arising out of the same incident,
is a habitual violator:
(1) Operation of a vehicle while intoxicated.
(2) Before July 1, 1997, operation of a vehicle with at least
ten-hundredths percent (0.10%) alcohol in the blood.
(3) After June 30, 1997, and before July 1, 2001, operation of a
vehicle with an alcohol concentration equivalent to at least
ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(4) After June 30, 2001, operation of a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram
of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(5) Reckless driving.
(6) Criminal recklessness as a felony involving the operation of
a motor vehicle.
(7) Drag racing or engaging in a speed contest in violation of law.
(8) Violating IC 9-4-1-40 (repealed July 1, 1991), IC 9-4-1-46
(repealed July 1, 1991), IC 9-26-1-1(1) (repealed January 1,
2015), IC 9-26-1-1(2) (repealed January 1, 2015), IC 9-26-1-2(1)
(repealed January 1, 2015), IC 9-26-1-2(2) (repealed January 1,
2015), IC 9-26-1-3 (repealed January 1, 2015), IC 9-26-1-4
(repealed January 1, 2015), or IC 9-26-1-1.1.
(9) Resisting law enforcement with a vehicle under:
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(A) IC 35-44.1-3-1(c)(1);
(B) IC 35-44.1-3-1(c)(2)(C);
(C) IC 35-44.1-3-1(c)(3);
(D) IC 35-44.1-3-1(c)(4); or
(E) IC 35-44.1-3-1(c)(5).
(10) Any felony under this title or any felony in which the
operation of a motor vehicle is an element of the offense.
(11) After June 30, 2001, operation of a motor vehicle with a
schedule I or schedule II controlled substance in the blood.
A judgment for a violation enumerated in subsection (a) shall be added
to the violations described in this subsection for the purposes of this
subsection.
(c) A person who has accumulated at least ten (10) judgments
within a ten (10) year period for any traffic violation, except a parking
or an equipment violation, of the type required to be reported to the
bureau, singularly or in combination, and not arising out of the same
incident, is a habitual violator. However, at least one (1) of the
judgments must be for:
(1) a violation enumerated in subsection (a);
(2) a violation enumerated in subsection (b);
(3) operating a motor vehicle while the person's license to do so
has been suspended or revoked as a result of the person's
conviction of an offense under IC 9-1-4-52 (repealed July 1,
1991), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-2, or
IC 9-24-19-3; or
(4) operating a motor vehicle without ever having obtained a
license to do so.
A judgment for a violation enumerated in subsection (a) or (b) shall be
added to the judgments described in this subsection for the purposes of
this subsection.
(d) For purposes of this section, a judgment includes a judgment in
any other jurisdiction in which the elements of the offense for which
the conviction was entered are substantially similar to the elements of
the offenses described in subsections (a), (b), and (c).
(e) For purposes of this section, the offense date is used when
determining the number of judgments accumulated within a ten (10)
year period.
SECTION 12. IC 9-30-16-1, AS AMENDED BY P.L.111-2021,
SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) Except as provided in subsection (b), the
following are ineligible for specialized driving privileges under this
chapter:
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(1) A person who has never been an Indiana resident.
(2) A person seeking specialized driving privileges with respect
to a suspension based on the person's refusal to submit to a
chemical test offered under IC 9-30-6 or IC 9-30-7. However, a
court may grant this person driving privileges under
IC 9-30-6-8(d).
(3) A person whose driving privileges have been suspended or
revoked under IC 9-24-10-7(b)(2)(A).
(4) A person whose driving privileges have been suspended under
IC 9-21-8-52(e) or IC 9-21-12-1(b).
(b) This chapter applies to the following:
(1) A person who held a driver's license (issued under IC 9-24-3),
or a commercial driver's, a public passenger chauffeur's, or a
chauffeur's license at the time of:
(A) the criminal conviction for which the operation of a motor
vehicle is an element of the offense;
(B) any criminal conviction for an offense under IC 9-30-5,
IC 35-46-9 (before its repeal), or IC 14-15-8 (before its
repeal); or
(C) committing the infraction of exceeding a worksite speed
limit for the second time in one (1) year under IC 9-21-5-11(f).
(2) A person who:
(A) has never held a valid Indiana driver's license or does not
currently hold a valid Indiana learner's permit; and
(B) was an Indiana resident when the driving privileges for
which the person is seeking specialized driving privileges
were suspended.
(c) Except as specifically provided in this chapter, a court may
suspend the driving privileges of a person convicted of any of the
following offenses for a period up to the maximum allowable period of
incarceration under the penalty for the offense:
(1) Any criminal conviction in which the operation of a motor
vehicle is an element of the offense.
(2) Any criminal conviction for an offense under IC 9-30-5,
IC 35-46-9 (before its repeal), or IC 14-15-8 (before its repeal).
(3) Any offense under IC 35-42-1, IC 35-42-2, or IC 35-44.1-3-1
that involves the use of a vehicle.
(d) Except as provided in section 3.5 of this chapter, a suspension
of driving privileges under this chapter may begin before the
conviction. Multiple suspensions of driving privileges ordered by a
court that are part of the same episode of criminal conduct shall be
served concurrently. A court may grant credit time for any suspension
HEA 1249 — CC 1
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that began before the conviction, except as prohibited by section
6(a)(2) 6(a) of this chapter.
(e) If a person has had an ignition interlock device installed as a
condition of specialized driving privileges or under IC 9-30-6-8(d), the
period of the installation shall be credited as part of the suspension of
driving privileges.
(f) This subsection applies to a person described in subsection
(b)(2). A court shall, as a condition of granting specialized driving
privileges to the person, require the person to apply for and obtain an
Indiana driver's license.
(g) If a person indicates to the court at an initial hearing (as
described in IC 35-33-7) that the person intends to file a petition for a
specialized driving privileges hearing with that court under section 3
or 4 of this chapter, the following apply:
(1) The court shall:
(A) stay the suspension of the person's driving privileges at the
initial hearing and shall not submit the probable cause
affidavit related to the person's offense to the bureau; and
(B) set the matter for a specialized driving privileges hearing
not later than thirty (30) days after the initial hearing.
(2) If the person does not file a petition for a specialized driving
privileges hearing not later than ten (10) days after the date of the
initial hearing, the court shall lift the stay of the suspension of the
person's driving privileges and shall submit the probable cause
affidavit related to the person's offense to the bureau for
automatic suspension.
(3) If the person files a petition for a specialized driving privileges
hearing not later than ten (10) days after the initial hearing, the
stay of the suspension of the person's driving privileges continues
until the matter is heard and a determination is made by the court
at the specialized driving privileges hearing.
(4) If the specialized driving privileges hearing is continued due
to:
(A) a congestion of the court calendar;
(B) the prosecuting attorney's motion for a continuance; or
(C) the person's motion for a continuance with no objection by
the prosecuting attorney;
the stay of the suspension of the person's driving privileges
continues until addressed at the next hearing.
(5) If the person moves for a continuance of the specialized
driving privileges hearing and the court grants the continuance
over the prosecuting attorney's objection, the court shall lift the
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stay of the suspension of the person's driving privileges and shall
submit the probable cause affidavit related to the person's offense
to the bureau for automatic suspension.
Nothing in this subsection prevents an otherwise eligible individual
from applying for a specialized driving privilege after the initial
hearing.
SECTION 13. IC 14-15-4-4, AS AMENDED BY P.L.195-2014,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. A person who knowingly or intentionally
violates section 1, 2, or 3 of this chapter commits a Class C
misdemeanor. However, the offense is:
(1) a Class A misdemeanor if the accident or collision results in
an injury to a person;
(2) a Level 6 felony if:
(A) the accident or collision results in serious bodily injury to
a person; or
(B) within the five (5) years preceding the commission of the
offense, the person had a previous conviction of any of the
offenses listed in IC 9-30-10-4(a), IC 35-46-9-6 (before its
repeal), or IC 14-15-8-8 (before its repeal); or
(3) a Level 5 felony if the accident or collision results in the death
of a person.
SECTION 14. IC 14-15-11-14, AS AMENDED BY P.L.217-2014,
SECTION 182, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 14. (a) A court may suspend or
revoke the driver's license of a person upon the conviction of the
person of a crime based on a violation of IC 14-15-3, IC 14-15-8
(before its repeal), IC 35-46-9 (before its repeal), or IC 14-15-12.
(b) In suspending or revoking a driver's license under this section,
the court shall notify the bureau of the driver's license suspension or
revocation, and the bureau shall follow the procedure set forth in
IC 9-30-4.
SECTION 15. IC 14-15-11-15, AS AMENDED BY P.L.40-2012,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 15. (a) A court in which an individual is convicted
of a crime based on a violation of IC 14-15-3, IC 35-46-9 (before its
repeal), IC 14-15-8 (before its repeal), or IC 14-15-12 relating to the
operation of a motorboat shall forward a certified abstract of the record
of the conviction to the bureau.
(b) If, in the opinion of the court, an individual referred to in
subsection (a) should be deprived of the privilege of operating a
vehicle or motorboat, the court shall recommend the suspension of the
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Indiana driver's license issued to the individual for a fixed period. The
period of the suspension shall be established by the court but may not
exceed one (1) year.
(c) Upon receiving the recommendation of the court under
subsection (b), the bureau shall suspend the individual's license for the
period recommended by the court.
(d) A certified abstract forwarded to the bureau under subsection
(a):
(1) must be in the form prescribed by the bureau; and
(2) shall be accepted by an administrative agency or a court as
prima facie evidence of the conviction and all other action stated
in the abstract.
SECTION 16. IC 14-15-11-17, AS AMENDED BY P.L.40-2012,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 17. (a) For purposes of the point system for
Indiana traffic convictions operated by the bureau under 140 IAC 1-4.5,
the bureau shall assess points against a person who commits a crime by
operating a motorboat in violation of:
(1) IC 14-15-3;
(2) IC 35-46-9 (before its repeal) (or or IC 14-15-8 before
(before its repeal); or
(3) IC 14-15-12.
(b) The bureau shall assess points against a person under this
section for each crime referred to in subsection (a) that is committed by
the person.
(c) The point study committee appointed by the commissioner under
140 IAC 1-4.5-3, in consultation with the department, shall determine
the number of points assessed under subsection (a) for each type of
criminal violation of IC 14-15-3, IC 14-15-8 (before its repeal),
IC 35-46-9 (before its repeal), or IC 14-15-12 based on the evaluation
by the committee of the danger to human life, human physical safety,
and property posed by the violation.
SECTION 17. IC 14-15-12-5, AS AMENDED BY P.L.40-2012,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. The requirements and prohibitions set forth in
this chapter concerning personal watercraft are in addition to the
requirements and prohibitions set forth in IC 14-15-3, IC 35-46-9
(before its repeal), and IC 14-15-8 (before its repeal).
SECTION 18. IC 14-15-13-2, AS AMENDED BY P.L.40-2012,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The requirements and prohibitions set forth in
this chapter are in addition to the requirements and prohibitions set
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forth in IC 14-15-2, IC 14-15-3, IC 14-15-4, 14-15-8 (before its repeal),
IC 35-46-9 (before its repeal), and IC 14-15-12.
SECTION 19. IC 20-19-3-27.5 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 27.5. The department shall establish and maintain on the
department's website a public data base of information provided by
each public school in accordance with IC 20-26-5-42 concerning
employees of each public school who were physically injured while on
the job by students of the public school.
SECTION 20. IC 20-26-5-42 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 42. (a) This section applies to the following:
(1) A public school, including a charter school.
(2) Physical injuries that occur after June 30, 2023.
(b) Each public school shall provide to the department, in a manner
prescribed by the department, information concerning an employee of
the public school who was physically injured while on the job by a
student of the public school if the injury:
(1) is required to be reported to the public school's worker's
compensation carrier;
(2) causes the employee to miss all or part of one (1) or more
work days; or
(3) is required to be reported to the public school pursuant to the
public school's reporting policy.
(c) A public school may not provide information under subsection
(b) that identifies the employee or the student.
(d) Nothing in this section shall be construed to prohibit a public
school from providing identifying information otherwise required by
law or rule.
SECTION 21. IC 22-1-1-24 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 24. (a) The following definitions apply throughout
this section:
(1) "Health care employee" has the meaning set forth in
IC 35-42-2-1.
(2) "School employee" has the meaning set forth in
IC 35-42-2-1.
(3) "Workplace battery" means a battery described in
IC 35-42-2-1(d) or IC 35-42-2-1(g).
(b) The employer of a health care employee or school employee
shall make a workplace battery report as described in subsection
(c) to the commissioner if a health care employee or school
employee is the victim of workplace battery.
(c) Beginning July 1, 2027, the employer shall make the
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workplace battery report required under subsection (b) each year
before:
(1) August 1, for the period from January 1 to June 30; and
(2) February 1, for the period from July 1 to December 31.
The report shall be made on a form provided by the commissioner.
(d) The workplace battery report must include the following
information:
(1) The name of the employer.
(2) The city and county in which a workplace battery was
committed.
(3) The time period covered by the report (January 1 to June
30 or July 1 to December 31).
(4) The number of workplace batteries that were committed
during the reporting period.
(5) The job title of each health care employee or school
employee who was the victim of the workplace battery.
(6) The date of each workplace battery.
(7) The address and specific location (such as "hospital
emergency room" or "school parking lot") where the
workplace battery occurred. However, if the battery occurred
at the health care employee's or school employee's home, the
report may not include the address.
(8) The circumstances surrounding the workplace battery and
any resulting injury, including the following, if known:
(A) The gender of the victim.
(B) The specific manner in which the workplace battery
was committed (such as by striking, biting, pushing,
kicking, use of an object, or use of a weapon).
(C) Whether the victim required hospitalization.
(D) If a weapon or other object was used to commit the
workplace battery, the type of weapon or object.
(E) Whether law enforcement was contacted or responded
to the workplace battery.
(F) Whether criminal charges were filed against the
perpetrator.
For a workplace battery that does not occur on the employer's
premises, the employer shall provide as much information as is
known to the employer.
(e) The employer shall make the report required under this
section regardless of whether a person is criminally charged with
the workplace battery.
SECTION 22. IC 27-10-2-4.5, AS AMENDED BY HEA
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1258-2026, SECTION 15, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4.5. (a) The following definitions
apply throughout this section:
(1) "Charitable bail organization" means a business entity, or a
nonprofit organization under:
(A) the Internal Revenue Code; or
(B) Indiana law;
that exists for the purpose of paying cash bail for another person.
However, the term does not include a person who pays cash bail
for three (3) or fewer defendants in any one hundred eighty (180)
day period, or a person who pays bail for a relative (as defined in
IC 35-42-2-1(b)). IC 35-42-2-1(a)).
(2) "Crime of violence" has the meaning set forth in
IC 35-31.5-2-79.
(b) The commissioner may certify a charitable bail organization if
the charitable bail organization:
(1) is a business entity, or a nonprofit organization under:
(A) the Internal Revenue Code; or
(B) Indiana law;
(2) is currently registered to do business in Indiana;
(3) is located in Indiana; and
(4) exists for the purpose of depositing cash bail for an indigent
defendant who:
(A) is not charged with a crime of violence; or
(B) if charged with a felony, does not have a prior conviction
for a crime of violence.
(c) A person may apply for certification under this section in
accordance with rules adopted under this section.
(d) The commissioner shall certify a person as a charitable bail
organization if the:
(1) person pays an application fee of three hundred dollars
($300);
(2) person meets the requirements of this section; and
(3) person, including an officer or director of the person, has not
engaged in conduct that:
(A) constitutes fraud, dishonesty, or deception;
(B) constitutes malfeasance, misfeasance, or nonfeasance in
dealing with money; or
(C) resulted in the suspension or revocation of a previous
certification.
(e) A charitable bail certification is valid for two (2) years from the
date of issuance and may be renewed upon payment of a renewal fee
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of three hundred dollars ($300). If a person applies for renewal before
the expiration of the existing certification, the existing certification
remains valid until the commissioner renews the certification, or until
five (5) days after the commissioner denies the application for renewal.
A person is entitled to renewal unless the commissioner denies the
application for renewal under subsection (f).
(f) The commissioner shall deny, suspend, revoke, or refuse to
renew certification for any of the following causes:
(1) Any cause for which issuance of the certification could have
been refused had it then existed and been known to the
commissioner.
(2) Violation of any laws of this state in the course of dealings
under the certification.
(3) Material misstatement, misrepresentation, or fraud in
obtaining the certification.
(4) Misappropriation, conversion, or unlawful withholding of
money belonging to donors or others and received in the conduct
of business under the certification.
(5) Fraudulent or dishonest practices in the conduct of business
under the certification.
(6) Willful failure to comply with or willful violation of any
proper order or rule of the commissioner.
(7) When, in the judgment of the commissioner, the certificate
holder has, in the conduct of affairs under the certification,
demonstrated:
(A) incompetency or untrustworthiness;
(B) conduct or practices rendering the certificate holder unfit
to carry on charitable bail activities or making the certificate
holder's continuance detrimental to the public interest; or
(C) that the certificate holder is no longer in good faith
carrying on as a charitable bail organization;
and for these reasons is found by the commissioner to be a source
of detriment, injury, or loss to the public.
(8) The listing of the name of the applicant or certificate holder on
the most recent tax warrant list supplied to the commissioner by
the department of state revenue.
(g) A charitable bail organization must comply with all of the
following:
(1) If the charitable bail organization pays, or intends to pay, bail
for more than three (3) individuals in any one hundred eighty
(180) day period, the charitable bail organization must be certified
by the commissioner under this section before soliciting or
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accepting donations for bail for another person, and before
depositing money for bail for another person.
(2) A charitable bail organization may not pay bail for a defendant
who:
(A) is charged with a crime of violence; or
(B) is charged with a felony and has a prior conviction for a
crime of violence.
(3) A charitable bail organization may not execute a surety bond
for a defendant.
(4) A charitable bail organization shall, before paying bail for an
individual, execute an agreement described in IC 35-33-8-3.2
allowing the court to retain all or a part of the bail to pay publicly
paid costs of representation and fines, costs, fees, and restitution
that the court may order the defendant to pay if the defendant is
convicted.
(5) A charitable bail organization may not charge a premium or
receive any consideration for acting as a charitable bail
organization.
(h) All fees collected under this section must be deposited in the
bail bond enforcement and administration fund created by
IC 27-10-5-1.
(i) Any authorized employee of a charitable bail organization may
only deposit cash bail to the court.
(j) If an individual fails to appear, the bail shall be forfeited in the
manner described in IC 35-33-8-7 and the court shall take the steps
described in IC 35-33-8-8.
SECTION 23. IC 31-9-2-84.8, AS AMENDED BY P.L.142-2020,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 84.8. "Nonwaivable offense", for purposes of this
title, means a conviction of any of the following felonies:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Involuntary manslaughter (IC 35-42-1-4).
(6) Reckless homicide (IC 35-42-1-5).
(7) Feticide (IC 35-42-1-6).
(8) Battery (IC 35-42-2-1) within the past five (5) years.
(9) Domestic battery (IC 35-42-2-1.3).
(10) Aggravated battery (IC 35-42-2-1.5).
(11) Criminal recklessness (IC 35-42-2-2) within the past five (5)
years.
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(12) Strangulation (IC 35-42-2-9).
(13) Kidnapping (IC 35-42-3-2).
(14) Criminal confinement (IC 35-42-3-3) within the past five (5)
years.
(15) Human and sexual trafficking (IC 35-42-3.5).
(16) A felony sex offense under IC 35-42-4.
(17) Arson (IC 35-43-1-1) within the past five (5) years.
(18) Incest (IC 35-46-1-3).
(19) Neglect of a dependent (IC 35-46-1-4(a) and
IC 35-46-1-4(b)).
(20) Child selling (IC 35-46-1-4(d)).
(21) Reckless supervision (IC 35-46-1-4.1).
(22) Nonsupport of a dependent child (IC 35-46-1-5) within the
past five (5) years.
(23) Operating a motorboat while intoxicated (IC 35-46-9-6)
(before its repeal) within the past five (5) years.
(24) A felony involving a weapon under IC 35-47 within the past
five (5) years.
(25) A felony relating to controlled substances under IC 35-48-4
within the past five (5) years.
(26) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3.
(27) A felony under IC 9-30-5 within the past five (5) years.
(28) A felony related to the health or safety of a child (as defined
in IC 31-9-2-13(h)) or an endangered adult (as defined in
IC 12-10-3-2).
SECTION 24. IC 31-19-11-1, AS AMENDED BY P.L.56-2023,
SECTION 282, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1. (a) Whenever the court has heard
the evidence and finds that:
(1) the adoption requested is in the best interest of the child;
(2) the petitioner or petitioners for adoption are of sufficient
ability to rear the child and furnish suitable support and
education;
(3) the report of the investigation and recommendation under
IC 31-19-8-5 has been filed;
(4) the attorney or agency arranging an adoption has filed with the
court an affidavit prepared by the Indiana department of health
under IC 31-19-5-16 indicating whether a man is entitled to notice
of the adoption because the man has registered with the putative
father registry in accordance with IC 31-19-5;
(5) proper notice arising under subdivision (4), if notice is
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necessary, of the adoption has been given;
(6) the attorney or agency has filed with the court an affidavit
prepared by the Indiana department of health under:
(A) IC 31-19-6 indicating whether a record of a paternity
determination; or
(B) IC 16-37-2-2(g) indicating whether a paternity affidavit
executed under IC 16-37-2-2.1;
has been filed in relation to the child;
(7) proper consent, if consent is necessary, to the adoption has
been given;
(8) the petitioner for adoption is not prohibited from adopting the
child as the result of an inappropriate criminal history described
in subsection (c) or (d); and
(9) the person, licensed child placing agency, or local office that
has placed the child for adoption has provided the documents and
other information required under IC 31-19-17 to the prospective
adoptive parents;
the court shall grant the petition for adoption and enter an adoption
decree.
(b) A court may not grant an adoption unless the Indiana department
of health's affidavit under IC 31-19-5-16 is filed with the court as
provided under subsection (a)(4).
(c) A juvenile adjudication for an act listed in IC 31-9-2-84.8 that
would be a felony if committed by an adult, a conviction of a
misdemeanor related to the health and safety of a child, or a conviction
of a felony not listed in IC 31-9-2-84.8 by a petitioner for adoption or
household member is a permissible basis for the court to deny the
petition for adoption. In addition, the court may not grant an adoption
if a petitioner for adoption has been convicted of a nonwaivable offense
under IC 31-9-2-84.8. However, the court is not prohibited from
granting an adoption based upon a felony conviction for:
(1) a felony under IC 9-30-5;
(2) battery (IC 35-42-2-1);
(3) criminal recklessness (IC 35-42-2-2) as a felony;
(4) criminal confinement (IC 35-42-3-3);
(5) arson (IC 35-43-1-1);
(6) nonsupport of a dependent child (IC 35-46-1-5);
(7) operating a motorboat while intoxicated (IC 35-46-9-6)
(before its repeal) as a felony;
(8) a felony involving a weapon under IC 35-47; or
(9) a felony relating to controlled substances under IC 35-48-4;
if the date of the conviction did not occur within the immediately
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preceding five (5) year period.
(d) A court may not grant an adoption if the petitioner is a sex or
violent offender (as defined in IC 11-8-8-5) or a sexually violent
predator (as defined in IC 35-38-1-7.5).
(e) In addition to this section, section 1.1 of this chapter applies
when one (1) or more petitioners is a person with a disability.
SECTION 25. IC 31-30-1-4, AS AMENDED BY P.L.218-2025,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) The juvenile court does not have jurisdiction
over an individual for an alleged violation of:
(1) IC 35-41-5-1(a) (attempted murder);
(2) IC 35-42-1-1 (murder);
(3) IC 35-42-3-2 (kidnapping);
(4) IC 35-42-4-1 (rape);
(5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
(6) IC 35-42-5-1 (robbery) if:
(A) the robbery was committed while armed with a deadly
weapon; or
(B) the robbery results in bodily injury or serious bodily
injury;
(7) IC 35-42-5-2 (carjacking) (before its repeal);
(8) IC 35-47-10 (children and firearms), if charged as a felony,
unless:
(A) the child is charged with a felony under
IC 35-47-10-5(a)(1) and not any other provision under
IC 35-47-10;
(B) the felony charged under IC 35-47-10-5(a)(1) is the
only felony charge pending against the child;
(C) the child has not more than one (1) prior conviction or
adjudication under IC 35-47-10-5 or IC 35-47-2-1.5; and
(D) if the child has a prior conviction under IC 35-47-10-5
or IC 35-47-2-1.5, the conviction is a misdemeanor; or
(9) any offense that may be joined under IC 35-34-1-9(a)(2) with
any crime listed in this subsection;
if the individual was at least sixteen (16) years of age but less than
eighteen (18) years of age at the time of the alleged violation.
(b) Once an individual described in subsection (a) has been charged
with any offense listed in subsection (a), the court having adult
criminal jurisdiction shall retain jurisdiction over the case if the
individual pleads guilty to or is convicted of any offense listed in
subsection (a)(1) through (a)(8).
(c) If:
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(1) an individual described in subsection (a) is charged with one
(1) or more offenses listed in subsection (a);
(2) all the charges under subsection (a)(1) through (a)(8) resulted
in an acquittal or were dismissed; and
(3) the individual pleads guilty to or is convicted of any offense
other than an offense listed in subsection (a)(1) through (a)(8);
the court having adult criminal jurisdiction may withhold judgment and
transfer jurisdiction to the juvenile court for adjudication and
disposition. In determining whether to transfer jurisdiction to the
juvenile court for adjudication and disposition, the court having adult
criminal jurisdiction shall consider whether there are appropriate
services available in the juvenile justice system, whether the child is
amenable to rehabilitation under the juvenile justice system, and
whether it is in the best interests of the safety and welfare of the
community that the child be transferred to juvenile court. All orders
concerning release conditions remain in effect until a juvenile court
detention hearing, which must be held not later than forty-eight (48)
hours, excluding Saturdays, Sundays, and legal holidays, after the order
of transfer of jurisdiction.
(d) A court having adult criminal jurisdiction, and not a juvenile
court, has jurisdiction over a person who is at least twenty-one (21)
years of age for an alleged offense:
(1) committed while the person was a child; and
(2) that could have been waived under IC 31-30-3.
This subsection applies to a criminal proceeding for an alleged offense
regardless of whether the offense was committed before, on, or after
July 1, 2023, or the juvenile becomes twenty-one (21) years of age
before, on, or after July 1, 2023.
SECTION 26. IC 31-30-3-5, AS AMENDED BY P.L.148-2024,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. Except for those cases in which the juvenile
court has no jurisdiction in accordance with IC 31-30-1-4, the court
shall, upon motion of the prosecuting attorney and after full
investigation and hearing, waive jurisdiction if it finds that:
(1) the child is charged with an act that, if committed by an adult,
would be:
(A) a Level 1 felony, Level 2 felony, Level 3 felony, or Level
4 felony, except a felony defined by IC 35-48-4;
(B) involuntary manslaughter as a Level 5 felony under
IC 35-42-1-4;
(C) reckless homicide as a Level 5 felony under IC 35-42-1-5;
or
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(D) unlawful carrying of a handgun as a felony under
IC 35-47-2-1.5; or
(E) dangerous possession of a firearm as a felony under
IC 35-47-10;
(2) there is probable cause to believe that the child has committed
the act; and
(3) the child was at least sixteen (16) years of age when the act
charged was allegedly committed;
unless it would be in the best interests of the child and of the safety and
welfare of the community for the child to remain within the juvenile
justice system.
SECTION 27. IC 31-34-4-2, AS AMENDED BY SEA 171-2026,
SECTION 6, AND BY SEA 80-2026, SECTION 204, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. (a) If
a child alleged to be a child in need of services is taken into custody
under an order of the court under this chapter and the court orders
out-of-home placement, the department is responsible for that
placement and care and must consider placing the child with a:
(1) suitable and willing relative; or
(2) de facto custodian;
before considering any other out-of-home placement.
(b) The department shall consider placing a child described in
subsection (a) with a relative related by blood, marriage, or adoption
before considering any other placement of the child.
(c) Before the department places a child in need of services with a
relative or a de facto custodian, the department shall complete an
evaluation based on a home visit of the relative's home.
(d) Except as provided in subsection (f), before placing a child in
need of services in an out-of-home placement, the department shall
conduct a criminal history check of each person who is currently
residing in the location designated as the out-of-home placement.
(e) Except as provided in subsection (g), the department may not
make an out-of-home placement if a person described in subsection (d)
has:
(1) committed an act resulting in a substantiated report of child
abuse or neglect; or
(2) been convicted of a nonwaivable offense, as defined in
IC 31-9-2.1-168 or had a juvenile adjudication for an act that
would be a nonwaivable offense, as defined in IC 31-9-2.1-168 if
committed by an adult.
(f) The department is not required to conduct a criminal history
check under subsection (d) if the department makes an out-of-home
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placement to an entity or a facility that is not a residence (as defined in
IC 3-5-2.1-90) or that is licensed by the state.
(g) A court may order or the department may approve an
out-of-home placement if:
(1) a person described in subsection (d) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect;
(B) been convicted of:
(i) battery (IC 35-42-2-1);
(ii) criminal recklessness (IC 35-42-2-2) as a felony;
(iii) criminal confinement (IC 35-42-3-3) as a felony;
(iv) arson (IC 35-43-1-1) as a felony;
(v) nonsupport of a dependent child (IC 35-46-1-5);
(vi) operating a motorboat while intoxicated (IC 35-46-9-6)
(before its repeal) as a felony;
(vii) a felony involving a weapon under IC 35-47;
(viii) a felony relating to controlled substances under
IC 35-48-4; or
(ix) a felony under IC 9-30-5;
if the conviction did not occur within the past five (5) years; or
(C) had a juvenile adjudication for a nonwaivable offense, as
defined in IC 31-9-2.1-168 that, if committed by an adult,
would be a felony; and
(2) the person's commission of the offense, delinquent act, or act
of abuse or neglect described in subdivision (1) is not relevant to
the person's present ability to care for a child, and the placement
is in the best interest of the child.
However, a court or the department shall not make an out-of-home
placement if the person has been convicted of a nonwaivable offense,
as defined in IC 31-9-2.1-168 that is not specifically excluded under
subdivision (1)(B).
(h) In considering the placement under subsection (g), the court or
the department shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.
(i) In considering any out-of-home placement, the department shall
consider the following to determine whether a particular out-of-home
placement is in the child's best interest:
(1) The caregiver is interested in providing permanence for the
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child if reunification efforts ultimately fail.
(2) The expressed wishes of the child's birth parent and the child,
if applicable, unless the wishes are contrary to law, child safety,
or stability.
(3) The relationship of the caregiver with the child and the child's
family.
(4) The proximity of the placement home to the birth parents'
home and the child's current school or school district.
(5) The strengths and parenting style of the caregiver in relation
to the child's behavior and needs.
(6) The caregiver's willingness to interact with the birth family,
unless the caregiver has safety concerns.
(7) The caregiver's ability and willingness to accept placement of
the child and any of the child's siblings.
(8) If any sibling will be placed separately, the caregiver's ability
and willingness to provide or assist in maintaining frequent
visitation or other ongoing contact between the child and the
child's siblings.
(9) The child's fit with the family with regard to age, gender, and
sibling relationships.
(10) If the child has chronic behavioral health needs:
(A) whether the child's behavior will place other children in
the home at risk; and
(B) the caregiver's ability to provide the necessary level of
supervision to prevent harm to the child or others by the child.
(11) Whether placement in the home would comply with the
placement preferences prescribed by federal law.
SECTION 28. IC 31-34-20-1.5, AS AMENDED BY P.L.186-2025,
SECTION 161, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1.5. (a) Except as provided in
subsection (d), the juvenile court may not enter a dispositional decree
approving or ordering placement of a child in another home under
section 1(a)(3) of this chapter or awarding wardship to the department
that will place the child in another home under section 1(a)(4) of this
chapter if a person who is currently residing in the home in which the
child would be placed under section 1(a)(3) or 1(a)(4) of this chapter
has committed an act resulting in a substantiated report of child abuse
or neglect, has a juvenile adjudication for an act that would be a
nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
adult, or has a conviction for a nonwaivable offense, as defined in
IC 31-9-2-84.8.
(b) The department or caseworker who prepared the predispositional
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report shall conduct a criminal history check (as defined in
IC 31-9-2-22.5) to determine if a person described in subsection (a) has
committed an act resulting in a substantiated report of child abuse or
neglect, has a juvenile adjudication for an act that would be a
nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
adult, or has a conviction for a nonwaivable offense, as defined in
IC 31-9-2-84.8. However, the department or caseworker is not required
to conduct a criminal history check under this section if criminal
history information under IC 31-34-4-2 or IC 31-34-18-6.1 establishes
whether a person described in subsection (a) has committed an act
resulting in a substantiated report of child abuse or neglect, has a
juvenile adjudication for an act that would be a nonwaivable offense,
as defined in IC 31-9-2-84.8 if committed by an adult, or has a
conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
(c) The department or caseworker is not required to conduct a
criminal history check under this section if:
(1) the department or caseworker is considering only an
out-of-home placement to an entity or a facility that:
(A) is not a residence (as defined in IC 3-5-2.1-90); or
(B) is licensed by the state; or
(2) placement under this section is undetermined at the time the
predispositional report is prepared.
(d) A juvenile court may enter a dispositional decree that approves
placement of a child in another home or award wardship to the
department that will place the child in a home with a person described
in subsection (a) if:
(1) the person described in subsection (a) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect;
(B) been convicted of:
(i) battery (IC 35-42-2-1);
(ii) criminal recklessness (IC 35-42-2-2) as a felony;
(iii) criminal confinement (IC 35-42-3-3) as a felony;
(iv) arson (IC 35-43-1-1) as a felony;
(v) nonsupport of a dependent child (IC 35-46-1-5);
(vi) operating a motorboat while intoxicated (IC 35-46-9-6)
(before its repeal) as a felony;
(vii) a felony involving a weapon under IC 35-47;
(viii) a felony relating to controlled substances under
IC 35-48-4; or
(ix) a felony under IC 9-30-5;
if the conviction did not occur within the past five (5) years; or
HEA 1249 — CC 1
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(C) had a juvenile adjudication for a nonwaivable offense, as
defined in IC 31-9-2-84.8 that, if committed by an adult,
would be a felony; and
(2) the person's commission of the offense, delinquent act, or act
of abuse or neglect described in subdivision (1) is not relevant to
the person's present ability to care for a child, and placing a child
in another home or awarding wardship to the department is in the
best interest of the child.
However, a court may not enter a dispositional decree that approves
placement of a child in another home or awards wardship to the
department if the person has been convicted of a nonwaivable offense,
as defined in IC 31-9-2-84.8 that is not specifically excluded under
subdivision (1)(B).
(e) In considering the placement under subsection (d), the court
shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or act that resulted in the substantiated report of
abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.
SECTION 29. IC 31-34-21-7.5, AS AMENDED BY P.L.156-2020,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 7.5. (a) Except as provided in
subsection (d), the juvenile court may not approve a permanency plan
under subsection (c)(1)(C), (c)(1)(D), or (c)(1)(E) if a person who is
currently residing with a person described in subsection (c)(1)(C) or
(c)(1)(D) or in a residence in which the child would be placed under
subsection (c)(1)(E) has committed an act resulting in a substantiated
report of child abuse or neglect, has a juvenile adjudication for an act
that would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if
committed by an adult, or has a conviction for a nonwaivable offense,
as defined in IC 31-9-2-84.8.
(b) Before requesting juvenile court approval of a permanency plan,
the department shall conduct a criminal history check (as defined in
IC 31-9-2-22.5) to determine if a person described in subsection (a) has
committed an act resulting in a substantiated report of child abuse or
neglect, has a juvenile adjudication for an act that would be a
nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
adult, or has a conviction for a nonwaivable offense, as defined in
IC 31-9-2-84.8. However, the department is not required to conduct a
criminal history check under this section if criminal history information
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under IC 31-34-4-2, IC 31-34-18-6.1, or IC 31-34-20-1.5 establishes
whether a person described in subsection (a) has committed an act
resulting in a substantiated report of child abuse or neglect, has a
juvenile adjudication for an act that would be a nonwaivable offense,
as defined in IC 31-9-2-84.8 if committed by an adult, or has a
conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
(c) A permanency plan, or plans, if concurrent planning, under this
chapter includes the following:
(1) The intended permanent or long term arrangements for care
and custody of the child that may include any one (1), or two (2),
if concurrent planning, of the following arrangements that the
department or the court considers most appropriate and consistent
with the best interests of the child:
(A) Return to or continuation of existing custodial care within
the home of the child's parent, guardian, or custodian or
placement of the child with the child's noncustodial parent.
(B) Placement of the child for adoption.
(C) Placement of the child with a responsible person,
including:
(i) an adult sibling;
(ii) a grandparent;
(iii) an aunt;
(iv) an uncle;
(v) a custodial parent of a sibling of the child; or
(vi) another relative;
who is able and willing to act as the child's permanent
custodian and carry out the responsibilities required by the
permanency plan.
(D) Appointment of a legal guardian. The legal guardian
appointed under this section is a caretaker in a judicially
created relationship between the child and caretaker that is
intended to be permanent and self-sustaining as evidenced by
the transfer to the caretaker of the following parental rights
with respect to the child:
(i) Care, custody, and control of the child.
(ii) Decision making concerning the child's upbringing.
(E) A supervised independent living arrangement or foster
care for the child with a permanency plan of another planned,
permanent living arrangement. However, a child less than
sixteen (16) years of age may not have another planned,
permanent living arrangement as the child's permanency plan.
(2) A time schedule for implementing the applicable provisions
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of the permanency plan.
(3) Provisions for temporary or interim arrangements for care and
custody of the child, pending completion of implementation of the
permanency plan.
(4) Other items required to be included in a case plan under
IC 31-34-15 or federal law, consistent with the permanent or long
term arrangements described by the permanency plan.
(d) A juvenile court may approve a permanency plan if:
(1) a person described in subsection (a) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect;
(B) been convicted of:
(i) battery (IC 35-42-2-1);
(ii) criminal recklessness (IC 35-42-2-2) as a felony;
(iii) criminal confinement (IC 35-42-3-3) as a felony;
(iv) arson (IC 35-43-1-1) as a felony;
(v) nonsupport of a dependent child (IC 35-46-1-5);
(vi) operating a motorboat while intoxicated (IC 35-46-9-6)
(before its repeal) as a felony;
(vii) a felony involving a weapon under IC 35-47;
(viii) a felony relating to controlled substances under
IC 35-48-4; or
(ix) a felony under IC 9-30-5;
if the conviction did not occur within the past five (5) years; or
(C) had a juvenile adjudication for a nonwaivable offense, as
defined in IC 31-9-2-84.8 that, if committed by an adult,
would be a felony; and
(2) the person's commission of the offense, delinquent act, or act
of abuse or neglect described in subdivision (1) is not relevant to
the person's present ability to care for a child, and that approval
of the permanency plan is in the best interest of the child.
However, a court may not approve a permanency plan if the person has
been convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8
that is not specifically excluded under subdivision (1)(B), or has a
juvenile adjudication for an act that would be a nonwaivable offense,
as defined in IC 31-9-2-84.8 if committed by an adult that is not
specifically excluded under subdivision (1)(B).
(e) In making its written finding under subsection (d), the court shall
consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or act that resulted in the substantiated report of
abuse or neglect.
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(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.
SECTION 30. IC 31-37-19-6.5, AS AMENDED BY P.L.186-2025,
SECTION 163, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 6.5. (a) Except as provided in
subsection (d), the juvenile court may not enter a dispositional decree
approving placement of a child in another home under section 1(a)(3)
or 6(b)(2)(D) of this chapter or awarding wardship to a person or
facility that results in a placement with a person under section 1(a)(4)
or 6(b)(2)(E) of this chapter if a person who is currently residing in the
home in which the child would be placed under section 1(a)(3), 1(a)(4),
6(b)(2)(D), or 6(b)(2)(E) of this chapter has committed an act resulting
in a substantiated report of child abuse or neglect, has a juvenile
adjudication for an act that would be a nonwaivable offense, as defined
in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a
nonwaivable offense, as defined in IC 31-9-2-84.8.
(b) The juvenile probation officer who prepared the predispositional
report shall conduct a criminal history check (as defined in
IC 31-9-2-22.5) to determine if a person described in subsection (a) has
committed an act resulting in a substantiated report of child abuse or
neglect, has a juvenile adjudication for an act that would be a
nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
adult, or has a conviction for a nonwaivable offense, as defined in
IC 31-9-2-84.8. However, the probation officer is not required to
conduct a criminal history check under this section if criminal history
information obtained under IC 31-37-17-6.1 establishes whether a
person described in subsection (a) has committed an act resulting in a
substantiated report of child abuse or neglect, has a juvenile
adjudication for an act that would be a nonwaivable offense, as defined
in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a
nonwaivable offense, as defined in IC 31-9-2-84.8.
(c) The juvenile probation officer is not required to conduct a
criminal history check under this section if:
(1) the probation officer is considering only an out-of-home
placement to an entity or a facility that:
(A) is not a residence (as defined in IC 3-5-2.1-90); or
(B) is licensed by the state; or
(2) placement under this section is undetermined at the time the
predispositional report is prepared.
(d) The juvenile court may enter a dispositional decree approving
placement of a child in another home under section 1(a)(3) or
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6(b)(2)(D) of this chapter or awarding wardship to a person or facility
that results in a placement with a person under section 1(a)(4) or
6(b)(2)(E) of this chapter if:
(1) a person described in subsection (a) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect;
(B) been convicted of:
(i) a felony under IC 9-30-5;
(ii) battery (IC 35-42-2-1);
(iii) criminal recklessness (IC 35-42-2-2) as a felony;
(iv) criminal confinement (IC 35-42-3-3) as a felony;
(v) arson (IC 35-43-1-1) as a felony;
(vi) nonsupport of a dependent child (IC 35-46-1-5);
(vii) operating a motorboat while intoxicated (IC 35-46-9-6)
(before its repeal) as a felony;
(viii) a felony involving a weapon under IC 35-47; or
(ix) a felony relating to controlled substances under
IC 35-48-4;
if the conviction did not occur within the past five (5) years; or
(C) had a juvenile adjudication for a nonwaivable offense, as
defined in IC 31-9-2-84.8 that, if committed by an adult,
would be a felony; and
(2) the person's commission of the offense, delinquent act, or act
of abuse or neglect described in subdivision (1) is not relevant to
the person's present ability to care for a child, and placing the
child in another home is in the best interest of the child.
However, a court may not enter a dispositional decree placing a child
in another home under section 1(a)(3) or 6(b)(2)(D) of this chapter or
awarding wardship to a person or facility under this subsection if a
person with whom the child is or will be placed has been convicted of
a nonwaivable offense, as defined in IC 31-9-2-84.8 that is not
specifically excluded under subdivision (1)(B).
(e) In considering the placement under subsection (d), the court
shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or act that resulted in the substantiated report of
abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.
SECTION 31. IC 35-31.5-2-37.5 IS REPEALED [EFFECTIVE
JULY 1, 2026]. Sec. 37.5. "Chemical test", for purposes of IC 35-46-9,
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has the meaning set forth in IC 35-46-9-1.
SECTION 32. IC 35-31.5-2-151.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 151.8. "Health care employee",
for purposes of IC 35-42-2-1, has the meaning set forth in
IC 35-42-2-1.
SECTION 33. IC 35-31.5-2-177.5 IS REPEALED [EFFECTIVE
JULY 1, 2026]. Sec. 177.5. "Intoxicated", for purposes of IC 35-46-9,
has the meaning set forth in IC 35-46-9-2.
SECTION 34. IC 35-31.5-2-206.5 IS REPEALED [EFFECTIVE
JULY 1, 2026]. Sec. 206.5. "Motorboat", for purposes of IC 35-46-9,
has the meaning set forth in IC 35-46-9-3.
SECTION 35. IC 35-31.5-2-244.5 IS REPEALED [EFFECTIVE
JULY 1, 2026]. Sec. 244.5. "Prima facie evidence of intoxication", for
purposes of IC 35-46-9, has the meaning set forth in IC 35-46-9-4.
SECTION 36. IC 35-31.5-2-273.5 IS REPEALED [EFFECTIVE
JULY 1, 2026]. Sec. 273.5. "Relevant evidence", for purposes of
IC 35-46-9, has the meaning set forth in IC 35-46-9-5.
SECTION 37. IC 35-31.5-2-282.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 282.9. "School", for purposes of
IC 35-42-2-1, has the meaning set forth in IC 35-42-2-1.
SECTION 38. IC 35-31.5-2-284.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 284.4. "School employee", for
purposes of IC 35-42-2-1, has the meaning set forth in
IC 35-42-2-1.
SECTION 39. IC 35-33-7-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4.5. A person charged with a
misdemeanor under IC 9-30-5-1 or IC 9-30-5-2 may waive the
person's initial hearing.
SECTION 40. IC 35-33-7-5, AS AMENDED BY P.L.166-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) At the initial hearing of a person, the
judicial officer shall inform the person orally or in writing:
(1) that the person has a right to retain counsel and if the person
intends to retain counsel the person must do so within:
(A) twenty (20) days if the person is charged with a felony; or
(B) ten (10) days if the person is charged only with one (1) or
more misdemeanors;
after this initial hearing because there are deadlines for filing
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motions and raising defenses, and if those deadlines are missed,
the legal issues and defenses that could have been raised will be
waived;
(2) that the person has a right to assigned counsel at no expense
to the person if the person is indigent;
(3) that the person has a right to a speedy trial;
(4) of the amount and conditions of bail;
(5) of the person's privilege against self-incrimination;
(6) of the nature of the charge against the person;
(7) that a preliminary plea of not guilty is being entered for the
person and the preliminary plea of not guilty will become a formal
plea of not guilty:
(A) twenty (20) days after the completion of the initial
hearing; or
(B) ten (10) days after the completion of the initial hearing if
the person is charged only with one (1) or more
misdemeanors;
unless the defendant enters a different plea; and
(8) that the person may request to petition for a specialized
driving privileges hearing if the person is charged with:
(A) any offense in which the operation of a motor vehicle is an
element of the offense;
(B) any offense under IC 9-30-5, IC 35-46-9 (before its
repeal), or IC 14-15-8 (before its repeal); or
(C) any offense under IC 35-42-1, IC 35-42-2, or
IC 35-44.1-3-1 that involves the use of a vehicle.
In addition, the judge shall direct the prosecuting attorney to give the
defendant or the defendant's attorney a copy of any formal felony
charges filed or ready to be filed. The judge shall, upon request of the
defendant, direct the prosecuting attorney to give the defendant or the
defendant's attorney a copy of any formal misdemeanor charges filed
or ready to be filed.
(b) This subsection applies to a pregnant woman charged with a
drug crime. If the woman is otherwise qualified, including meeting any
requirements under IC 33-23-16-13(3)(A), if applicable, the judge may,
after consulting with the prosecuting attorney, refer the woman to the
forensic diversion program (IC 11-12-3.7) or a drug court (IC
33-23-16).
SECTION 41. IC 35-40.5-1-1, AS AMENDED BY P.L.32-2021,
SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. The following definitions apply throughout this
article:
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(1) "Law enforcement officer" means any of the following:
(A) A law enforcement officer (as defined in
IC 35-31.5-2-185).
(B) A state educational institution police officer appointed
under IC 21-39-4.
(C) A school corporation police officer appointed under
IC 20-26-16.
(D) A school resource officer (as defined in IC 20-26-18.2-1).
(E) A police officer of a private postsecondary educational
institution whose governing board has appointed the police
officer under IC 21-17-5-2.
(2) "Provider" has the meaning set forth in IC 16-21-8-0.2.
(3) "Relative" has the meaning set forth in IC 35-42-2-1(b).
IC 35-42-2-1(a).
(4) "Sexual assault forensic evidence" means the results collected
from a forensic medical examination of a victim by a provider.
(5) "State sexual assault response team" means the statewide
sexual assault response team coordinated by the Indiana
prosecuting attorneys council and the Indiana criminal justice
institute.
(6) "Victim" means an individual:
(A) who is a victim of sexual assault (as defined in
IC 5-26.5-1-8); or
(B) who:
(i) is a relative of or a person who has had a close personal
relationship with the individual described under clause (A);
and
(ii) is designated by the individual described under clause
(A) as a representative.
The term does not include an individual who is accused of
committing an act of sexual assault (as defined in IC 5-26.5-1-8)
against the individual described under clause (A).
(7) "Victim advocate" has the meaning set forth in IC 35-37-6-3.5.
(8) "Victim service provider" has the meaning set forth in
IC 35-37-6-5.
SECTION 42. IC 35-42-2-0.5, AS ADDED BY P.L.65-2016,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 0.5. "Relative", for purposes of IC 35-42-2-1,
section 1 of this chapter, has the meaning set forth in IC 35-42-2-1(b).
section 1(a) of this chapter.
SECTION 43. IC 35-42-2-1, AS AMENDED BY P.L.148-2024,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2026]: Sec. 1. (a) As used in this section, "public safety
official" means:
(1) a law enforcement officer, including an alcoholic beverage
enforcement officer;
(2) an employee of a penal facility or a juvenile detention facility
(as defined in IC 31-9-2-71);
(3) an employee of the department of correction;
(4) a probation officer;
(5) a parole officer;
(6) a community corrections worker;
(7) a home detention officer;
(8) a department of child services employee;
(9) a firefighter;
(10) an emergency medical services provider;
(11) a judicial officer;
(12) a bailiff of any court; or
(13) a special deputy (as described in IC 36-8-10-10.6).
(b) As used in this section, "relative" means an individual related by
blood, half-blood, adoption, marriage, or remarriage, including:
(1) a spouse;
(2) a parent or stepparent;
(3) a child or stepchild;
(4) a grandchild or stepgrandchild;
(5) a grandparent or stepgrandparent;
(6) a brother, sister, stepbrother, or stepsister;
(7) a niece or nephew;
(8) an aunt or uncle;
(9) a daughter-in-law or son-in-law;
(10) a mother-in-law or father-in-law; or
(11) a first cousin.
(a) The following definitions apply throughout this section:
(1) "Health care employee" means an individual whose
responsibilities involve contact or interaction with a patient,
and who is employed by, in a contractual relationship with, or
providing services on behalf of:
(A) an individual;
(B) a partnership;
(C) a professional corporation;
(D) a facility;
(E) an institution;
(F) a hospital; or
(G) any entity;
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that is licensed, certified, or authorized to administer health
care in the ordinary course of business or practice of the
profession.
(2) "Public safety official" means:
(A) a law enforcement officer, including an alcoholic
beverage enforcement officer;
(B) an employee of a penal facility or a juvenile detention
facility (as defined in IC 31-9-2-71);
(C) an employee of the department of correction;
(D) a probation officer;
(E) a parole officer;
(F) a community corrections worker;
(G) a home detention officer;
(H) a department of child services employee whose
responsibilities include:
(i) personally supervising a child or parent;
(ii) personally providing services to a child or parent; or
(iii) personally interviewing a child or parent as part of
an investigation;
(I) a firefighter;
(J) an emergency medical services provider;
(K) a judicial officer;
(L) a bailiff of any court; or
(M) a special deputy (as described in IC 36-8-10-10.6).
(3) "Relative" means an individual related by blood,
half-blood, adoption, marriage, or remarriage, including:
(A) a spouse;
(B) a parent or stepparent;
(C) a child or stepchild;
(D) a grandchild or stepgrandchild;
(E) a grandparent or stepgrandparent;
(F) a brother, sister, stepbrother, or stepsister;
(G) a niece or nephew;
(H) an aunt or uncle;
(I) a daughter-in-law or son-in-law;
(J) a mother-in-law or father-in-law; or
(K) a first cousin.
(4) "School" means a public school, charter school, or
nonpublic school with at least one (1) employee.
(5) "School employee" means a person who:
(A) is employed by a school or is in a contractual
relationship with a school; and
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(B) has direct and ongoing contact with a student.
(c) (b) Except as provided in subsections (d) (c) through (k), (l), a
person who knowingly or intentionally:
(1) touches another person in a rude, insolent, or angry manner;
or
(2) in a rude, insolent, or angry manner places any bodily fluid or
waste on another person;
commits battery, a Class B misdemeanor.
(d) (c) The offense described in subsection (c)(1) (b)(1) or (c)(2)
(b)(2) is a Class A misdemeanor if it:
(1) results in bodily injury to any other person; or
(2) is committed against a member of a foster family home (as
defined in IC 35-31.5-2-139.3) by a person who is not a resident
of the foster family home if the person who committed the offense
is a relative of a person who lived in the foster family home at the
time of the offense.
(d) The offense described in subsection (b)(1) is a Class A
misdemeanor if it is committed against a health care employee or
school employee:
(1) while the health care employee or school employee is
acting within the scope of the health care employee's or school
employee's employment;
(2) while the health care employee or school employee is
commuting to or from the health care employee's or school
employee's place of employment; or
(3) in retaliation for an act taken by the health care employee
or school employee within the scope of the health care
employee's or school employee's employment;
unless the offense is committed by a person detained or committed
under IC 12-26.
(e) The offense described in subsection (c)(1) (b)(1) or (c)(2) (b)(2)
is a Level 6 felony if one (1) or more of the following apply:
(1) The offense results in moderate bodily injury to any other
person.
(2) The offense is committed against a public safety official while
the official is engaged in the official's official duty, unless the
offense is committed by a person detained or committed under
IC 12-26.
(3) The offense is committed against a person less than fourteen
(14) years of age and is committed by a person at least eighteen
(18) years of age.
(4) The offense is committed against a person of any age who has
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a mental or physical disability and is committed by a person
having the care of the person with the mental or physical
disability, whether the care is assumed voluntarily or because of
a legal obligation.
(5) The offense is committed against an endangered adult (as
defined in IC 12-10-3-2).
(6) The offense:
(A) is committed against a member of a foster family home (as
defined in IC 35-31.5-2-139.3) by a person who is not a
resident of the foster family home if the person who committed
the offense is a relative of a person who lived in the foster
family home at the time of the offense; and
(B) results in bodily injury to the member of the foster family.
(f) The offense described in subsection (c)(2) (b)(2) is a Level 6
felony if the person knew or recklessly failed to know that the bodily
fluid or waste placed on another person was infected with hepatitis,
tuberculosis, or human immunodeficiency virus.
(g) The offense described in subsection (b)(1) is a Level 6 felony
if it results in bodily injury to a health care employee or school
employee and is committed against the health care employee or
school employee:
(1) while the health care employee or school employee is
acting within the scope of the health care employee's or school
employee's employment;
(2) while the health care employee or school employee is
commuting to or from the health care employee's or school
employee's place of employment; or
(3) in retaliation for an act taken by the health care employee
or school employee within the scope of the health care
employee's or school employee's employment;
unless the offense is committed by a person detained or committed
under IC 12-26.
(g) (h) The offense described in subsection (c)(1) (b)(1) or (c)(2)
(b)(2) is a Level 5 felony if one (1) or more of the following apply:
(1) The offense results in serious bodily injury to another person.
(2) The offense is committed with a deadly weapon.
(3) The offense results in bodily injury to a pregnant woman if the
person knew of the pregnancy.
(4) The person has a previous conviction for a battery or
strangulation offense included in this chapter against the same
victim.
(5) The offense results in bodily injury to one (1) or more of the
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following:
(A) A public safety official while the official is engaged in the
official's official duties, unless the offense is committed by a
person detained or committed under IC 12-26.
(B) A person less than fourteen (14) years of age if the offense
is committed by a person at least eighteen (18) years of age.
(C) A person who has a mental or physical disability if the
offense is committed by an individual having care of the
person with the disability, regardless of whether the care is
assumed voluntarily or because of a legal obligation.
(D) An endangered adult (as defined in IC 12-10-3-2).
(h) (i) The offense described in subsection (c)(2) (b)(2) is a Level
5 felony if:
(1) the person knew or recklessly failed to know that the bodily
fluid or waste placed on another person was infected with
hepatitis, tuberculosis, or human immunodeficiency virus; and
(2) the person placed the bodily fluid or waste on a public safety
official, unless the offense is committed by a person detained or
committed under IC 12-26.
(i) (j) The offense described in subsection (c)(1) (b)(1) or (c)(2)
(b)(2) is a Level 4 felony if it results in serious bodily injury to an
endangered adult (as defined in IC 12-10-3-2).
(j) (k) The offense described in subsection (c)(1) (b)(1) or (c)(2)
(b)(2) is a Level 3 felony if it results in serious bodily injury to a person
less than fourteen (14) years of age if the offense is committed by a
person at least eighteen (18) years of age.
(k) (l) The offense described in subsection (c)(1) (b)(1) or (c)(2)
(b)(2) is a Level 2 felony if it results in the death of one (1) or more of
the following:
(1) A person less than fourteen (14) years of age if the offense is
committed by a person at least eighteen (18) years of age.
(2) An endangered adult (as defined in IC 12-10-3-2).
SECTION 44. IC 35-45-10-6, AS ADDED BY P.L.107-2017,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) A person who:
(1) operates an unmanned aerial vehicle in a manner that is
intended to subject another person to harassment;
(2) operates an unmanned aerial vehicle over the property of
another person:
(A) without the consent of the other person; and
(B) with the intent to:
(i) harass, disturb, or injure an individual or animal; or
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(ii) damage or disturb a crop;
on the other person's property;
(3) knowingly or intentionally disperses any substance from
an unmanned aerial vehicle onto the property of another
person without the consent of the other person; or
(4) recklessly, knowingly, or intentionally operates an
unmanned aerial vehicle:
(A) over the property of another person; and
(B) without the consent of the other person;
in a manner that interferes with or endangers another
aircraft or unmanned aerial vehicle;
commits remote aerial harassment, a Class A misdemeanor. However,
the offense is a Level 6 felony if the person has a prior unrelated
conviction under this section.
(b) It is a defense to a prosecution under this section that the
prohibited act was:
(1) the result of a mechanical or electronic failure; or
(2) necessary to avoid a greater harm.
(c) It is a defense to a prosecution under subsection (a)(3) that:
(1) the substance came onto the property of a person owning
or occupying adjacent property as the result of unintentional
overspray; and
(2) the person took reasonable good faith precautions to
minimize the amount of overspray.
SECTION 45. IC 35-46-9 IS REPEALED [EFFECTIVE JULY 1,
2026]. (Operating a Motorboat While Intoxicated).
SECTION 46. IC 35-47-10-5, AS AMENDED BY P.L.148-2024,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) A child who knowingly, intentionally, or
recklessly possesses a firearm for any purpose other than a purpose
described in section 1 of this chapter commits dangerous possession of
a firearm, a Class A misdemeanor. However, the offense is a Level 5
felony if:
(1) the child has a prior conviction under this section or has been
adjudicated a delinquent for an act that would be an offense
under:
(A) this section; or
(B) IC 35-47-2-1.5; or
(2) the offense is committed:
(A) on or in school property;
(B) within five hundred (500) feet of school property; or
(C) on a school bus.
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53
(b) A child who knowingly or intentionally provides a firearm to
another child whom the child knows:
(1) is ineligible for any reason to purchase or otherwise receive
from a dealer a firearm; or
(2) intends to use the firearm to commit a crime;
commits a Level 5 felony. However, the offense is a Level 3 felony if
the other child uses the firearm to commit murder (IC 35-42-1-1).
SECTION 48. IC 36-1-3-15.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 15.6. (a) The following may
not be subject to a county residency requirement:
(1) A public defender.
(2) An individual employed by a public defender office or
agency.
(3) Court personnel.
(4) A deputy prosecuting attorney.
(5) An employee of a prosecuting attorney's office.
(6) An emergency medical services provider (as defined in
IC 16-41-10-1).
(7) An employee of an agency or department that employs an
emergency medical services provider.
(b) This section does not apply to a chief public defender.
SECTION 49. An emergency is declared for this act.
HEA 1249 — CC 1
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1249 — CC 1Every fact on this page links to its source, starting with the official bill record.