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.
First Regular Session of the 124th General Assembly (2025)
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1687
AN ACT to amend the Indiana Code concerning courts and court
officers.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 35-31.5-2-127.8, AS ADDED BY P.L.201-2019,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 127.8. (a) "Family member", for purposes of
IC 35-44.1-3-1, has the meaning set forth in IC 35-44.1-3-1.
(b) Family member, for purposes of IC 35-38-2-2.3, has the
meaning set forth in IC 35-38-2-2.3.
SECTION 2. IC 35-38-2-2.3, AS AMENDED BY P.L.56-2023,
SECTION 321, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2.3. (a) As a condition of probation,
the court may require a person to do a combination of the following:
(1) Work faithfully at suitable employment or faithfully pursue a
course of study or career and technical education that will equip
the person for suitable employment.
(2) Undergo available medical or psychiatric treatment and
remain in a specified institution if required for that purpose.
(3) Attend or reside in a facility established for the instruction,
recreation, or residence of persons on probation.
(4) Participate in a treatment program, educational class, or
rehabilitative service provided by a probation department or by
referral to an agency.
(5) Support the person's dependents and meet other family
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responsibilities.
(6) Make restitution or reparation to the victim of the crime for
damage or injury that was sustained by the victim. When
restitution or reparation is a condition of probation, the court shall
fix the amount, which may not exceed an amount the person can
or will be able to pay, and shall fix the manner of performance.
(7) Execute a repayment agreement with the appropriate
governmental entity to repay the full amount of public relief or
assistance wrongfully received, and make repayments according
to a repayment schedule set out in the agreement.
(8) Pay a fine authorized by IC 35-50.
(9) Refrain from possessing a firearm or other deadly weapon
unless granted written permission by the court or the person's
probation officer.
(10) Report to a probation officer at reasonable times as directed
by the court or the probation officer.
(11) Permit the person's probation officer to visit the person at
reasonable times at the person's home or elsewhere.
(12) Remain within the jurisdiction of the court, unless granted
permission to leave by the court or by the person's probation
officer.
(13) Answer all reasonable inquiries by the court or the person's
probation officer and promptly notify the court or probation
officer of any change in address or employment.
(14) Perform uncompensated work that benefits the community.
(15) Satisfy other conditions reasonably related to the person's
rehabilitation.
(16) Undergo home detention under IC 35-38-2.5.
(17) Undergo a laboratory test or series of tests approved by the
Indiana department of health to detect and confirm the presence
of the human immunodeficiency virus (HIV) antigen or antibodies
to the human immunodeficiency virus (HIV), if:
(A) the person had been convicted of an offense relating to a
criminal sexual act and the offense created an
epidemiologically demonstrated risk of transmission of the
human immunodeficiency virus (HIV); or
(B) the person had been convicted of an offense relating to a
controlled substance and the offense involved:
(i) the delivery by any person to another person; or
(ii) the use by any person on another person;
of a contaminated sharp (as defined in IC 16-41-16-2) or other
paraphernalia that creates an epidemiologically demonstrated
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risk of transmission of HIV by involving percutaneous contact.
(18) Refrain from any direct or indirect contact with an individual
and, if convicted of an offense under IC 35-46-3, any animal
belonging to the individual.
(19) Execute a repayment agreement with the appropriate
governmental entity or with a person for reasonable costs incurred
because of the taking, detention, or return of a missing child (as
defined in IC 10-13-5-4).
(20) Periodically undergo a laboratory chemical test (as defined
in IC 9-13-2-22) or series of chemical tests as specified by the
court to detect and confirm the presence of a controlled substance
(as defined in IC 35-48-1-9). The person on probation is
responsible for any charges resulting from a test and shall have
the results of any test under this subdivision reported to the
person's probation officer by the laboratory.
(21) If the person was confined in a penal facility, execute a
reimbursement plan as directed by the court and make repayments
under the plan to the authority that operates the penal facility for
all or part of the costs of the person's confinement in the penal
facility. The court shall fix an amount that:
(A) may not exceed an amount the person can or will be able
to pay;
(B) does not harm the person's ability to reasonably be self
supporting or to reasonably support any dependent of the
person; and
(C) takes into consideration and gives priority to any other
restitution, reparation, repayment, or fine the person is
required to pay under this section.
(22) Refrain from owning, harboring, or training an animal.
(23) Participate in a reentry court program.
(24) Receive:
(A) addiction counseling;
(B) mental health counseling;
(C) inpatient detoxification; and
(D) medication assisted treatment, including a federal Food
and Drug Administration approved long acting, nonaddictive
medication for the treatment of opioid or alcohol dependence.
(b) When a person is placed on probation, the person shall be given
a written statement specifying:
(1) the conditions of probation; and
(2) that if the person violates a condition of probation during the
probationary period, a petition to revoke probation may be filed
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before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the
violation.
(c) As a condition of probation, the court may require that the
person serve a term of imprisonment in an appropriate facility at the
time or intervals (consecutive or intermittent) within the period of
probation the court determines.
(d) Intermittent service may be required only for a term of not more
than sixty (60) days and must be served in the county or local penal
facility. The intermittent term is computed on the basis of the actual
days spent in confinement and shall be completed within one (1) year.
A person does not earn good time credit while serving an intermittent
term of imprisonment under this subsection. When the court orders
intermittent service, the court shall state:
(1) the term of imprisonment;
(2) the days or parts of days during which a person is to be
confined; and
(3) the conditions.
(e) Subject to subsection (i), supervision of a person may be
transferred from the court that placed the person on probation to a court
of another jurisdiction, with the concurrence of both courts. Retransfers
of supervision may occur in the same manner. This subsection does not
apply to:
(1) a person who is required to register as a sex or violent
offender (as defined in IC 11-8-8-5); or
(2) transfers made under IC 11-13-4 or IC 11-13-5.
(f) When a court imposes a condition of probation described in
subsection (a)(18):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the office of judicial administration
with the clerk.
(g) As a condition of probation, a court shall require a person:
(1) who is described in IC 10-13-6-10(a);
(2) who has not previously provided a DNA sample in accordance
with IC 10-13-6; and
(3) whose sentence does not involve a commitment to the
department of correction;
to provide a DNA sample as a condition of probation.
(h) If a court imposes a condition of probation described in
subsection (a)(4), the person on probation is responsible for any costs
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resulting from the participation in a program, class, or service. Any
costs collected for services provided by the probation department shall
be deposited in the county or local supplemental adult services fund.
(i) Supervision of a person who is required to register as a sex
or violent offender (as defined in IC 11-8-8-5) may not be
transferred under subsection (e) during the period in which the sex
or violent offender is required to register unless, after considering
the factors described in subsection (j):
(1) the supervising court in the receiving county issues an
order approving the transfer; and
(2) the supervising court in the sending county issues an order
authorizing the transfer.
(j) As used in this subsection, "family member" means a spouse,
parent, grandparent, aunt, uncle, or adult child, including by
adoption, half-blood, marriage, or remarriage. In determining
whether to approve the transfer of a sex or violent offender under
subsection (i), the courts shall consider whether the sex or violent
offender has:
(1) a family member who resides in the receiving county;
(2) verified employment in the receiving county; and
(3) verified living arrangements, not including a communal
housing arrangement for released prisoners, in the receiving
county.
(k) The supervising court in the receiving county and the
supervising court in the sending county shall each enter a written
order either approving or denying the transfer. The order must
include factual findings related to each of the factors described in
subsection (j).
(l) An order denying the transfer is a final appealable order.
SECTION 3. IC 35-42-4-10, AS AMENDED BY P.L.156-2020,
SECTION 130, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 10. (a) As used in this section,
"offender against children" means a person who is an offender against
children under section 11 of this chapter.
(b) As used in this section, "sexually violent predator" means a
person who is a sexually violent predator under IC 35-38-1-7.5.
(c) A sexually violent predator or an offender against children who
knowingly or intentionally works for compensation or as a volunteer:
(1) on school property;
(2) at a youth program center;
(3) at a public park;
(4) as a child care provider (as defined by IC 31-33-26-1);
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(5) for a child care provider (as defined by IC 31-33-26-1); or
(6) as a provider of:
(A) respite care services and other support services for primary
or family caregivers; or
(B) adult day care services; or
(7) in any setting where the sexually violent predator or
offender against children:
(A) has more than incidental and occasional contact with
a child who is not accompanied by the child's parent,
guardian, or custodian;
(B) has supervisory or disciplinary power over a child; or
(C) is expected to touch a child on a more than incidental
and occasional basis;
commits unlawful employment by a sexual predator, a Level 6 felony.
However, the offense is a Level 5 felony if the person has a prior
unrelated conviction under this section or based on the person's
failure to comply with any requirement imposed on an offender under
IC 11-8-8.
HEA 1687 — Concur
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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