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First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 80
AN ACT to amend the Indiana Code concerning general provisions.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 2-2.1-1-7.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7.5. (a) This section
applies only if the number of members of the house of representatives
affiliated with one (1) political party equals the number of members of
the house of representatives affiliated with a different political party.
(b) For purposes of this section, an individual is considered to be
affiliated with a political party if the individual was:
(1) the nominee (as defined in IC 3-5-2-33) IC 3-5-2.1-68) of that
political party for election to the office to which the individual
was elected at the previous general election; or
(2) selected by that political party to fill a candidate vacancy or a
vacancy in the office under IC 3-13 for the office the individual
currently holds.
(c) The speaker of the house of representatives and the principal
clerk of the house of representatives shall be elected by the members
of the house of representatives affiliated with the political party whose:
(1) candidate was elected governor at the previous general
election; or
(2) candidate was elected secretary of state at the previous general
election, if the governor was not elected at the previous general
election.
(d) The rules that governed the house of representatives before the
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previous general election shall govern the house of representatives after
the general election until those rules are amended as provided in those
rules.
SECTION 2. IC 2-5-1.1-12.2, AS AMENDED BY P.L.53-2014,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12.2. (a) The definitions in IC 1-1-3.5 and
IC 3-5-2 IC 3-5-2.1 apply throughout this section.
(b) As used in this section, "council" refers to the legislative council
established by section 1 of this chapter.
(c) As used in this section, "GIS" refers to the geographic
information system that the office is required to establish and maintain
under subsection (f)(7).
(d) As used in this section, "office" refers to the office of census
data established by subsection (e).
(e) The office of census data is established within the legislative
services agency. Appointment of staff members of the office is subject
to the approval of the legislative council.
(f) The office shall do the following:
(1) Advise and assist the Bureau of the Census in defining the
boundaries of census blocks in Indiana.
(2) Work with other state and federal agencies to assist in the
Census Bureau's local review program conducted in Indiana.
(3) Participate in national associations of state governments to
obtain information regarding census count activities conducted by
other states.
(4) Work with political subdivisions following each decennial
census to provide information and assistance concerning special
censuses, special tabulations, and corrected population counts.
(5) Work with the election division, state agencies, and political
subdivisions to maintain accurate information concerning the
boundaries of precincts and political subdivisions.
(6) Provide technical assistance to counties, the election
commission, and the election division to comply with Indiana law
concerning establishing a precinct (as defined in IC 3-11-1.5-1).
(7) Establish and maintain a geographic information system that
contains the boundaries of all precincts, legislative districts, and
congressional districts. The geographic information system may
contain other boundaries and information as determined by the
executive director of the legislative services agency or as required
by the council.
(8) Perform other census and mapping research as determined by
the executive director of the legislative services agency or as
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required by the council.
(g) The office shall provide the election division a network
connection to the GIS. The network connection must do the following:
(1) Provide the election division with read access to the GIS.
(2) Enable the election division to download any information,
including maps, contained in the GIS.
(h) The election division is the agency through which public access
to information contained in the GIS shall be provided.
SECTION 3. IC 2-7-1-4, AS AMENDED BY P.L.58-2010,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) "Gift" means the voluntary transfer of
anything of value without consideration.
(b) The term does not include a contribution (as defined in
IC 3-5-2-15). IC 3-5-2.1-27).
SECTION 4. IC 2-7-3-3.5, AS AMENDED BY P.L.123-2015,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3.5. (a) If an expenditure for entertainment
(including meals and drink) or a gift can clearly and reasonably be
attributed to a particular legislative person, the expenditure must be
reported with respect to that particular legislative person.
(b) A report of an expenditure with respect to a particular legislative
person:
(1) must report actual amounts; and
(2) may not allocate to the particular legislative person a prorated
amount derived from an expense made with respect to several
legislative persons;
to the extent practicable.
(c) An activity report must report expenditures for a function or
activity to which all the members of a legislative body are invited.
Expenditures reported for a function or activity described in this
subsection may not be allocated and reported with respect to a
particular legislative person.
(d) If two (2) or more lobbyists contribute to an expenditure, each
lobbyist shall report the actual amount the lobbyist contributed to the
expenditure. For purposes of reporting such an expenditure, the
following apply:
(1) For purposes of determining whether the expenditure is
reportable, the total amount of the expenditure with respect to a
particular legislative person must be determined and not the
amount that each lobbyist contributed to that expenditure.
(2) Each lobbyist shall report the actual amount the lobbyist
contributed to the expenditure, even if that amount would not
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have been reportable under this section if only one (1) lobbyist
made an expenditure of that amount.
(e) The report of an expenditure with respect to a particular
legislative person may not include any amount that the particular
legislative person contributed to the expenditure.
(f) An activity report may not report expenditures or gifts relating
to property or services received by a legislative person if the legislative
person paid for the property or services the amount that would be
charged to any purchaser of the property or services in the ordinary
course of business.
(g) An activity report may not report expenditures or gifts made
between relatives unless the expenditure or gift is made in connection
with a legislative action.
(h) An activity report may not report expenditures or gifts relating
to the performance of a legislative person's official duties, including the
legislative person's service as a member of any of the following:
(1) The legislative council.
(2) The budget committee.
(3) A standing or other committee established by the rules of the
house of representatives or the senate.
(4) A study committee established by statute or by the legislative
council.
(5) A statutory board or commission.
(i) An activity report may not report a contribution (as defined in
IC 3-5-2-15). IC 3-5-2.1-27).
SECTION 5. IC 3-5-2 IS REPEALED [EFFECTIVE JULY 1, 2025].
(Definitions for Elections Law).
SECTION 6. IC 3-5-2.1 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]:
Chapter 2.1. Definitions
Sec. 1. The definitions in this chapter apply throughout this title.
Sec. 2. "Absent uniformed services voter" refers to any of the
following:
(1) A member of a uniformed service on active duty who, by
reason of active duty, is absent from the place of residence
where the member is otherwise qualified to vote.
(2) A member of the merchant marine who, by reason of
service in the merchant marine, is absent from the place of
residence where the member is otherwise qualified to vote.
(3) A member of the Indiana national guard deployed or on
assignment outside Indiana.
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(4) A spouse or dependent of a member referred to in
subdivision (1), (2), or (3) who, by reason of the active duty or
service of the member, is absent from the place of residence
where the spouse or dependent is otherwise qualified to vote.
Sec. 3. "Active voter" means the following:
(1) For purposes of IC 3-11-1.5, refers to a voter who satisfies
either of the following:
(A) The voter has registered or voted in any election
during the preceding four (4) years at the address
indicated on the voter's registration record.
(B) The voter has not voted in any election during the
preceding four (4) years at the address indicated on the
voter's registration record and has responded in writing to
an address confirmation notice sent under IC 3-7 not later
than thirty (30) days after the notice was sent.
(2) For purposes of IC 3-11-18.1, has the meaning set forth in
IC 3-11-18.1-2.
Sec. 4. "Anomaly" means an action or response by a voting
system or electronic poll book that:
(1) does not conform with the specifications or perform as
certified and is critical to the administration of elections;
(2) causes a delay or disruption to voting or vote tabulation;
or
(3) occurs due to a root cause that is unable to be determined
within forty-eight (48) hours after initial discovery by the
vendor or county.
Sec. 5. "Automatic tabulating machine" means:
(1) apparatus necessary to automatically count votes cast on
a voting system; and
(2) data processing machines that can be used for counting
ballots and tabulating results.
Sec. 6. "Auxiliary party organization" means an organization
located within or outside Indiana that:
(1) is affiliated with a political party;
(2) proposes to influence the election of a candidate for state,
legislative, local, or school board office, or the outcome of a
public question; and
(3) has not:
(A) had an annual expenditure of ten thousand dollars
($10,000) or more in at least one (1) of the last two (2)
years; or
(B) made a contribution of more than one thousand dollars
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($1,000) to another committee or to a candidate.
Sec. 7. "Background check" refers to the "national criminal
history background check" defined in IC 10-13-3-12.
Sec. 8. "Ballot" means:
(1) the paper ballot prepared, printed, and supplied for use at
an election;
(2) the electronic display prepared, printed, and supplied for
use on the front of an electronic voting system; or
(3) the ballot card prepared, printed, and supplied for use in
a ballot card voting system.
Sec. 9. "Ballot card" refers to an optical scan ballot.
Sec. 10. "Ballot card voting system" refers to an optical scan
voting system.
Sec. 11. "Ballot label" means any of the following:
(1) The printed strip or sheet of cardboard or paper, supplied
for use on an electronic voting system, that contains the names
of the candidates and the public questions on the ballot.
(2) The material, supplied for use with a ballot card voting
system, that contains those names and questions.
(3) The digital image of the ballot on the screen of an
electronic voting system or the interface of the marking device
used with an optical scan voting system.
Sec. 12. "Board of elections and registration" refers to a board
of elections and registration established under any of the following:
(1) IC 3-6-5.2.
(2) IC 3-6-5.4.
(3) IC 3-6-5.6.
Sec. 13. "Bona fide political party" means:
(1) a major political party; or
(2) a political party that has:
(A) nominated at least one (1) candidate for political office
during the preceding five (5) years;
(B) held a convention; or
(C) raised money and filed the financial reports required
by law.
Sec. 14. "Breach of peace" means breaking or disturbing the
public peace, order, or decorum by any riotous, forcible, or
unlawful proceedings, including fighting or tumultuous conduct.
Sec. 15. "Candidacy document" refers to any of the following:
(1) A declaration of intent to be a write-in candidate.
(2) A declaration of candidacy.
(3) A consent to the nomination.
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(4) A consent to become a candidate.
(5) A certificate of candidate selection.
(6) A consent filed under IC 3-13-2-7.
(7) A statement filed under IC 33-24-2, IC 33-25-2,
IC 33-33-45-42, IC 33-33-49-13.3, or IC 33-33-71-43.
Sec. 16. (a) Except as provided in subsections (b) and (c),
"candidate" means an individual who:
(1) has taken the action necessary to qualify under Indiana
law for listing on the ballot at an election or to become a
write-in candidate;
(2) has publicly announced or declared candidacy for an
elected office; or
(3) otherwise seeks nomination for or election to an elected
office, regardless of whether the individual wins election to
the office.
(b) As used in IC 3-9, an individual becomes a "candidate"
when the individual, the candidate's committee, or a person acting
with the consent of the individual:
(1) receives more than one hundred dollars ($100) in
contributions;
(2) makes more than one hundred dollars ($100) in
expenditures;
(3) is required to file a written instrument designating a
principal committee under IC 3-9-1-5.5 or IC 3-9-5-1;
(4) is subject to campaign contribution limits under IC 3-9-2;
(5) is subject to campaign expense restrictions under IC 3-9-3;
or
(6) is subject to requirements for campaign communications
including fabricated media under IC 3-9-8.
(c) As used in IC 3-13-1 and IC 3-13-2, "candidate" includes an
individual filling a general or municipal election ballot vacancy
under IC 3-13-1 or IC 3-13-2 when a county or town election
board, the Indiana election commission, or a court has determined
that the required action of:
(1) the individual; or
(2) another person under IC 3-13-1 or IC 3-13-2;
is void or invalid.
(d) As used in IC 3-14-3-18, "candidate" includes an individual
described in IC 3-14-3-18(a).
Sec. 17. "Candidate's committee" means:
(1) the principal political committee that each candidate is
required to have under IC 3-9-1; or
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(2) an exploratory committee established by a candidate who
has not decided whether to become a candidate for a specific
office.
Sec. 18. As used in IC 3-9, "caucus" refers to a caucus to fill a
candidate vacancy under IC 3-13-1 or IC 3-13-2. The term does not
include a caucus to fill a vacant office under IC 3-13-5 or
IC 3-13-11.
Sec. 19. "Central committee" means a state committee,
congressional district committee, county committee, city
committee, or town committee of a political party.
Sec. 20. "Chairman" refers to the chairman of a central
committee as follows:
(1) State chairman, chairman of a state committee.
(2) District chairman, chairman of a congressional district
committee.
(3) County chairman, chairman of a county committee.
(4) City chairman, chairman of a city committee.
(5) Town chairman, chairman of a town committee.
Sec. 21. "Chute" means the area that extends fifty (50) feet in
radius, measured from the entrance to:
(1) the polls; or
(2) for purposes of early voting:
(A) the office of the circuit court clerk; or
(B) a satellite office of the circuit court clerk established
under IC 3-11-10-26.3.
If the property line of the polling place or an office described in
subdivision (2) is less than fifty (50) feet from the door or entrance
to the polling place or office, the chute is measured from the
exterior door or entrance to the polling place or office to one-half
(1/2) the distance to the property line of the polling place or office
nearest to the entrance to the polls. Whenever there are two (2) or
more doors or entrances to the polls, the inspector of the precinct
shall designate one (1) door or entrance as the door for voters to
enter for the purpose of voting.
Sec. 22. "City" means a first class city, second class city, or third
class city as classified under IC 36-4-1-1. The term does not include
towns.
Sec. 23. "Commission" refers to the Indiana election
commission established by IC 3-6-4.1-1.
Sec. 24. "Consolidated city" refers to a first class city that has
become a consolidated city under IC 36-3-1.
Sec. 25. "Contestee" means a candidate whose nomination or
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election is being contested by a contestor.
Sec. 26. "Contestor" means a person who initiates a proceeding
to contest the result of an election.
Sec. 27. (a) "Contribution" means a donation (whether
characterized as an advance, a deposit, a gift, a loan, a
subscription, or a contract or promise to make a donation) of
property (as defined in IC 35-31.5-2-253) that satisfies both of the
following:
(1) The donation is made for the purpose of influencing any of
the following:
(A) The nomination or election to office of a candidate.
(B) The election of delegates to a state constitutional
convention.
(C) The outcome of a public question.
(2) The donation is accepted by any of the following:
(A) A candidate.
(B) A candidate's committee.
(C) A regular party committee.
(D) A political action committee.
(E) A legislative caucus committee.
(b) Whenever:
(1) funds are transferred from one (1) committee to another;
or
(2) a donation of funds to influence an election on a public
question is accepted as a contribution;
the accepting committee is considered to be receiving a
contribution in the amount of the funds transferred.
(c) Whenever a candidate or a committee accepts the personal
services of a person whose compensation is being paid by a third
person, the candidate or committee is considered to be receiving a
contribution from the third person in the amount of the
compensation paid.
(d) The term defined in subsection (a) includes a donation of
property (as defined in IC 35-31.5-2-253):
(1) that satisfies subsection (a)(1) and (a)(2); and
(2) through a payment platform that acts as a conduit.
(e) This subsection does not apply to a contribution described in
IC 3-9-2-11.5. Notwithstanding subsection (a), whenever a
candidate or a committee accepts the personal services of a
volunteer who is not being compensated, the candidate or
committee is not considered to be receiving a contribution.
(f) This subsection does not apply to a contribution described in
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IC 3-9-2-11.5. Notwithstanding subsection (a), whenever a political
action committee accepts a donation of:
(1) rent;
(2) office expenses;
(3) management fees;
(4) costs of solicitations of contributions; or
(5) other administrative costs;
the committee is not considered to be receiving a contribution.
Sec. 28. "Convention" means an organized body of delegates
assembled for the purpose of selecting their political party's
nominees for elected offices.
Sec. 29. "County election board" refers to a board established
by IC 3-6-5-1.
Sec. 30. "County voter registration office" means the following:
(1) A board of registration established under IC 3-7-12.
(2) A board of elections and registration.
(3) The office of the circuit court clerk, in a county in which
a board has not been established under subdivision (1) or (2).
Sec. 31. "De minimis change", with respect to a certified voting
system's or a certified electronic poll book's hardware, software,
technical documentation, or data, refers to a change which will not
materially alter the system's reliability, functionality, capability, or
operation. A change is not a de minimis change if the change has
reasonable and identifiable potential to affect the voting system's
or electronic poll book's operation and compliance with applicable
Indiana law.
Sec. 32. "Domicile" means residence, as determined under
IC 3-5-5.
Sec. 33. "Elderly" means a voter who is at least sixty-five (65)
years of age.
Sec. 34. "Elected office" means a federal office, state office,
legislative office, school board office, or local office. Political party
offices (such as precinct committeeman and state convention
delegate) are not considered to be elected offices.
Sec. 35. "Election day" refers to the calendar day on which an
election is held.
Sec. 36. "Election district" means the area comprised by
precincts where voters who are qualified to vote for a candidate or
on a public question reside and whose votes a candidate or
committee proposes to influence.
Sec. 37. "Election division" refers to the election division of the
secretary of state's office established by IC 3-6-4.2-1.
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Sec. 38. "Electorate" means all the voters eligible to vote in an
election in the state or a political subdivision.
Sec. 39. "Electronic poll book" means the combination of
mechanical, electromechanical, and electronic equipment
(including the software, firmware, documentation, and backend
infrastructure and services, including cloud platform services,
required to program, control, and support the equipment) that is
used to access and maintain the electronic poll list.
Sec. 40. "Electronic poll list" means a poll list that is maintained
in a computer data base.
Sec. 41. "Electronic voting system" means a system in which:
(1) voters record their votes by activating touch sensitive
marking devices; and
(2) votes are counted by automatic tabulating machines.
Sec. 42. "Executive" means the following:
(1) The board of county commissioners, for a county that does
not have a consolidated city.
(2) The mayor of the consolidated city, for a county having a
consolidated city.
(3) The mayor, for a city.
(4) The president of the town council, for a town.
(5) The trustee, for a township.
Sec. 43. (a) Except as provided in subsection (b), "expedited
basis" refers to the processing of:
(1) a voter registration application;
(2) a cancellation of a voter registration application;
(3) a transfer of a voter registration application; or
(4) another document that creates or amends the voter
registration record of an individual;
not later than forty-eight (48) hours after the document is received
by a county voter registration office or an agency required under
IC 3-7 to transmit voter registration documents to a county voter
registration office.
(b) If a voter registration application or other document listed
in subsection (a) includes a partial Social Security number that
must be submitted to the Commissioner of Social Security for
verification under 42 U.S.C. 405(r), "expedited basis" refers to the
processing of the application or document not later than
forty-eight (48) hours after the bureau of motor vehicles
commission receives verification from the Commissioner regarding
the partial Social Security number.
(c) This subsection applies to the processing of a voter
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registration document described in subsection (a)(1) that is
received by a county voter registration office not more than seven
(7) days before the close of a registration period under
IC 3-7-13-10. The processing of a document subject to this
subsection on an "expedited basis" refers to processing not later
than seven (7) days following the receipt of the document.
Sec. 44. (a) "Expenditure" means a disbursement (whether
characterized as an advance, a deposit, a distribution, a gift, a loan,
a payment, a purchase, or a contract or promise to make a
disbursement) of property (as defined in IC 35-31.5-2-253) that:
(1) is made for the purpose of influencing:
(A) the nomination or election to office of a candidate;
(B) the election of delegates to a state constitutional
convention; or
(C) the outcome of a public question; and
(2) is made by:
(A) an individual, except that a contribution made by an
individual is not considered to be an expenditure;
(B) a candidate's committee;
(C) a regular party committee; or
(D) a political action committee.
(b) Whenever funds are transferred from one committee to
another, the disbursing committee is considered to be making an
expenditure in the amount of the funds transferred.
Sec. 45. "Fax" refers to transmission of information by a
facsimile (fax) machine.
Sec. 46. "Federal office" refers to President of the United States,
Vice President of the United States, and Senator and
Representative in the Congress of the United States.
Sec. 47. "Filing" means the following:
(1) For purposes of filing an electronic report under
IC 3-9-4-4 or IC 3-9-5-7, when the requirements of IC 3-9-4-4
or IC 3-9-5-7 have been met.
(2) For all other purposes, when all of the following have
occurred:
(A) The presentation of a document to an individual
required to receive the document under this title.
(B) The receipt of the document by the individual.
(C) The recording of the date and time the document was
received by the individual.
Sec. 48. "Fiscal body" means:
(1) county council, for a county not having a consolidated city;
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(2) city-county council, for a consolidated city or county
having a consolidated city;
(3) common council, for a second or third class city;
(4) town council, for a town;
(5) township board, for a township; or
(6) governing body or budget approval body, for any other
political subdivision.
Sec. 49. "Fiscal officer" means the city controller of a second
class city or the clerk-treasurer of a town or third class city.
Sec. 49.6. For purposes of IC 3-9-2-11.5, "foreign national" has
the meaning set forth in 52 U.S.C. 30121(b).
Sec. 50. "Former candidate" refers to an individual who was a
candidate for an election and satisfies any of the following:
(1) The individual has died before the election, including a
candidate certified as deceased under IC 3-8-7-1.
(2) The individual has withdrawn as a candidate before the
election.
(3) The individual has been disqualified as a candidate under
IC 3-8-1-5.
(4) The individual has been disqualified as a candidate under
a court order issued under IC 3-8-7-29(d).
Sec. 51. "HAVA" refers to the Help America Vote Act of 2002
(52 U.S.C. 20901 through 52 U.S.C. 21145).
Sec. 52. "IDEA" refers to the Indiana data enhancement
association established by IC 3-7-38.2-5.5.
Sec. 53. "Independent" means a candidate, or a ticket of
candidates for President and Vice President of the United States or
for governor and lieutenant governor, who states that the
candidate or ticket is not affiliated with any political party.
Sec. 53.3. "Independent expenditure" means an expenditure by
a person expressly advocating the approval or rejection of a public
question.
Sec. 54. "Individual with a nontraditional residence" means a
person who:
(1) does not reside in a private residential dwelling or an
institutional structure; and
(2) maintains a mobile residence or usually sleeps in a shelter,
public area, or public right-of-way.
Sec. 55. "Inhabitant", for purposes of:
(1) Article 4, Section 7 of the Constitution of the State of
Indiana; and
(2) Article 6, Section 4 of the Constitution of the State of
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Indiana;
means a person who resides at a location, as determined under
IC 3-5-5.
Sec. 56. "Law enforcement officer" means a:
(1) police officer;
(2) sheriff;
(3) constable;
(4) marshal; or
(5) deputy of any of those persons.
Sec. 57. "Lawful detention" has the meaning set forth in
IC 35-31.5-2-186.
Sec. 58. "Legislative body" means the body having the power to
adopt county, city, or town ordinances under IC 36-1-3-6.
Sec. 59. "Legislative caucus committee" means an organization
that satisfies all of the following:
(1) The organization is organized by members of the general
assembly who belong to the same state political party.
(2) The organization proposes to influence only the election of
candidates for legislative office.
(3) The organization accepts contributions or makes
expenditures that in the aggregate exceed one hundred dollars
($100) during a calendar year to influence only the election of
candidates for legislative office.
Sec. 60. "Legislative office" refers to senator and representative
in the general assembly.
Sec. 61. "Local office" means a circuit office, county office, city
office, town office, township office, or other civil office for which
the electorate of a political subdivision votes. The term includes all
elected offices other than federal, state, legislative, and school
board offices.
Sec. 62. "Major political party" refers to:
(1) with respect to the state, either of the two (2) parties whose
nominees received the highest and second highest numbers of
votes statewide for secretary of state in the last election; or
(2) with respect to a political subdivision, either of the two (2)
parties whose nominees received the highest and second
highest numbers of votes in that political subdivision for
secretary of state in the last election.
Sec. 63. (a) "Marking device" means:
(1) a pencil or pen for marking a paper ballot or ballot card;
or
(2) an approved device that automatically:
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(A) registers the voter's vote on an electronic voting
system; or
(B) produces a marked optical scan ballot indicating the
choices of the voter.
(b) A voter verifiable paper audit trail is not a marking device.
Sec. 64. "Member of the military or public safety officer" has
the meaning set forth in IC 10-14-2-5.
Sec. 65. "Modification", for a certified voting system, refers to
a change:
(1) in the software or firmware of the voting system; or
(2) to the hardware of the voting system that:
(A) materially alters the system's reliability, functionality,
capacity, or operation; or
(B) has a reasonable and identifiable potential to affect the
voting system's operation and compliance with the
applicable voting system standards.
Sec. 66. "Municipality" means a city or town.
Sec. 67. "Nomination date" refers to the following:
(1) For candidates nominated in a primary election, the date
of the primary election.
(2) For candidates nominated in a convention, the date the
convention is scheduled to be called to order, according to the
call of the convention issued by the political party.
(3) For candidates selected to fill a ballot vacancy, the date the
certificate of selection of the candidate is filed under
IC 3-13-1-15 or IC 3-13-2-8.
(4) For candidates nominated by petition, the final date the
petition of nomination is permitted to be filed under
IC 3-8-6-10(c).
(5) For write-in candidates, the final date the candidate's
declaration of intent to be a write-in candidate is permitted to
be filed under IC 3-8-2-4.
Sec. 68. "Nominee" means a candidate:
(1) nominated by a political party at a primary election or
convention under this title as the party's candidate for an
elected office in a general, municipal, or special election; or
(2) nominated by petition for an elected office.
Sec. 69. "NVRA" refers to the National Voter Registration Act
of 1993 (52 U.S.C. 20501 through 52 U.S.C. 20511).
Sec. 70. "NVRA official" refers to the designee under
IC 3-7-11-1.
Sec. 71. "Office" refers to the office of census data established
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by IC 2-5-1.1-12.2.
Sec. 72. "Optical scan ballot" means a card or another paper on
which votes are:
(1) recorded by marking the card with a marking device; and
(2) tabulated by an optical system that reads the marks on the
card or paper.
Sec. 73. "Optical scan voting system" means a voting system
using optical scan ballots. The term includes a voting system that
consists of features of both a ballot card voting system and an
electronic voting system.
Sec. 74. "Organization" means a person that is not an
individual. The term includes a business firm or corporation, a
limited liability company, a labor organization, a religious
organization, a political club, a trustee, a receiver, or any other
type of association or group of individuals.
Sec. 75. "Overseas voter" refers to any of the following:
(1) An absent uniformed services voter who, by reason of
active duty or service, is absent from the United States on the
date of the election involved.
(2) A person who resides outside the United States and is
qualified to vote in the last place in which the person was
domiciled before leaving the United States.
(3) A person who resides outside the United States and, but
for such residence, would be qualified to vote in the last place
in which the person was domiciled before leaving the United
States.
Sec. 76. (a) "Paper ballot" refers to a ballot that is:
(1) marked by a voter using a pen or pencil; and
(2) designed to be counted by hand and not counted on an
automatic tabulating machine.
(b) The term does not include a ballot card.
Sec. 77. "Person" means an individual or an organization.
Sec. 78. (a) Except as provided in subsection (b), "political
action committee" means an organization located within or outside
Indiana that satisfies all of the following:
(1) The organization proposes to influence:
(A) the election of a candidate for state, legislative, local, or
school board office; or
(B) the outcome of a public question.
(2) The organization accepts contributions or makes
expenditures during a calendar year:
(A) to influence the election of a candidate for state,
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legislative, local, or school board office or the outcome of
a public question that will appear on the ballot in Indiana;
and
(B) that in the aggregate exceed one hundred dollars
($100).
(3) The organization is not any of the following:
(A) An auxiliary party organization.
(B) A legislative caucus committee.
(C) A regular party committee.
(D) A candidate's committee.
(b) A corporation or labor organization that makes a
contribution in accordance with IC 3-9-2 or makes an expenditure
is not considered a political action committee.
Sec. 79. "Political subdivision" means a county, city, town,
township, school corporation, public library, local housing
authority, fire protection district, public transportation
corporation, local building authority, local hospital authority or
corporation, local airport authority, special service district, special
taxing district, or other type of local governmental corporate
entity.
Sec. 80. "Polls" means the room in a structure where the voters
of a precinct vote by casting ballots on election day.
Sec. 81. "Precinct" means a subdivision of a county or township
established for election purposes.
Sec. 82. "Precinct election officer" means a person appointed to
serve in a precinct as one (1) of the following:
(1) Inspector.
(2) Judge.
(3) Poll clerk.
(4) Assistant poll clerk.
(5) Election sheriff.
Sec. 82.4. For purposes of IC 3-9-1-4, "preliminary activity"
includes conducting a poll, drafting language for a public question,
the planning and use of a focus group, a telephone call, or engaging
in travel.
Sec. 83. (a) "Presidential elector" refers to an elector for
President and Vice President of the United States as provided in
Article 2, Section 1, Clause 2 of the Constitution of the United
States and Section 3 of the Fourteenth Amendment to the
Constitution of the United States.
(b) The term includes an alternate presidential elector elected
as provided in IC 3-10-4, unless the text or the context of the
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statute provides otherwise.
Sec. 83.6. "Prohibited source" is a foreign national.
Sec. 84. (a) Except as provided in subsection (b), "proof of
identification" refers to a document that satisfies all the following:
(1) The document shows the name of the individual to whom
the document was issued, and the name conforms to the name
in the individual's voter registration record.
(2) The document shows a photograph of the individual to
whom the document was issued.
(3) The document includes an expiration date, and the
document:
(A) is not expired; or
(B) expired after the date of the most recent general
election.
(4) The document was issued by the United States or the state
of Indiana.
(b) Notwithstanding subsection (a)(3), a document issued by the
United States Department of Defense, the United States
Department of Veterans Affairs (or its predecessor, the Veterans
Administration), a branch of the uniformed services, the Merchant
Marine, the Indiana National Guard, or a Native American Indian
tribe or band recognized by the United States government that:
(1) otherwise complies with the requirements of subsection
(a); and
(2) has no expiration date or states that the document has an
indefinite expiration date;
is sufficient proof of identification for purposes of this title.
(c) The term does not include a document issued by an
educational institution.
Sec. 85. "Provisional ballot" refers to a ballot cast in accordance
with the provisions of IC 3-11.7.
Sec. 86. "Provisional voter" refers to an individual who is
entitled to cast a provisional ballot under IC 3-11.7.
Sec. 87. "Public question" means a constitutional amendment,
proposition, or other issue submitted to the electorate at an
election.
Sec. 88. "Registration agency" refers to any of the following:
(1) The bureau of motor vehicles.
(2) Any other agency at which individuals may register to vote
under IC 3-7.
Sec. 89. "Regular party committee" means:
(1) a central committee; or
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(2) a national committee of a political party.
Sec. 90. "Residence" means the place:
(1) where a person has the person's true, fixed, and
permanent home and principal establishment; and
(2) to which the person has, whenever absent, the intention of
returning.
Sec. 90.3. "Retraction", with respect to a ballot, means:
(1) the removal of votes on the ballot from the memory or the
document onto which the votes were recorded; or
(2) the exclusion or subtraction of votes on the ballot from the
final total from the memory or tabulation system on the
document on which the votes were recorded.
Sec. 91. "Scantron" means an optical scan ballot that consists of
an optical scan card that contains:
(1) the names of; or
(2) coding that indicates the names of;
political parties and candidates selected by the voter.
Sec. 92. "School board" means the governing body of a school
corporation (as defined in IC 20-18-2-5).
Sec. 93. "School board office" refers to an elected position on
the school board of a school corporation.
Sec. 94. "School corporation" refers to a public school
corporation established under IC 20.
Sec. 95. "School district" means the taxing district of a school
corporation.
Sec. 96. "Signing the poll list" means:
(1) a voter writing the voter's name on the certified list of
registered voters for the precinct prepared in accordance with
IC 3-7-29-1; or
(2) a voter writing the voter's name on an electronic poll book
using an electronic signature pad, tablet, or other signature
capturing device at a polling place, office of the circuit court
clerk (under IC 3-11-10-26), or satellite office (as established
under IC 3-11-10-26.3) where the use of an electronic poll
book is authorized in accordance with IC 3-7-29-6.
Sec. 97. "State office" refers to the governor, lieutenant
governor, secretary of state, state comptroller (referred to as
"auditor of state" in the Constitution of the State of Indiana),
treasurer of state, attorney general, justice of the supreme court,
judge of the court of appeals, and judge of the tax court.
Sec. 97.5. "Tabulated" means, with respect to ballots, the
process of cumulating into totals the votes on the ballots in a
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precinct, a county, or the election district for each office and each
public question on the ballot in the precinct, county, or election
district after accounting for ballots that must be retracted.
Sec. 98. "Testing authority" means an independent test
authority or independent laboratory:
(1) as described in the Voting System Standards issued by the
Federal Election Commission on April 30, 2002; or
(2) accredited under Section 231 of HAVA (52 U.S.C. 20971).
Sec. 99. "Town" refers to an incorporated town of any
population. The term does not include cities.
Sec. 100. "Uniformed services" means any of the following:
(1) The Army.
(2) The Navy.
(3) The Air Force.
(4) The Marine Corps.
(5) The Coast Guard.
(6) The Space Force.
(7) The commissioned corps of the Public Health Service.
(8) The commissioned corps of the National Oceanic and
Atmospheric Administration.
Sec. 101. "United States", as used in section 75 of this chapter,
means any of the states of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, and American Samoa.
Sec. 102. "Unknown or insufficient address" refers to an
address on a mailing returned by the United States Postal Service
with one (1) or more of substantially the following statements made
on the mailing by the United States Postal Service or a person
residing at the address to which the mailing was sent:
(1) Attempted-Not Known.
(2) Box Closed.
(3) Deceased.
(4) Forwarding time expired.
(5) Insufficient Address.
(6) Left No Address.
(7) Moved.
(8) No such number.
(9) No such office in state.
(10) No such street.
(11) Not deliverable as addressed.
(12) Refused.
(13) Returned for better address.
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(14) Returned to sender.
(15) Unable to forward.
(16) Unclaimed.
(17) Undeliverable as addressed.
(18) Vacant.
Sec. 103. "Vote center" means a polling place where a voter who
resides in the county in which the vote center is located may vote
without regard to the precinct in which the voter resides.
Sec. 104. "Voter" means a person who is qualified and
registered to vote in an election.
Sec. 105. "Voter identification number" refers to the number
determined for a voter under IC 3-7-13-13.
Sec. 106. "Voter with disabilities" means a voter who has a
permanent or temporary physical disability, as set forth in 52
U.S.C. 20107.
Sec. 107. "Voter with print disabilities" means an individual
who is unable to independently mark a paper ballot or ballot card
due to blindness, low vision, or a physical disability that impairs
manual dexterity.
Sec. 108. "Voter's bill of rights" refers to the statement
prescribed by the commission under IC 3-5-8.
Sec. 109. "Voting mark" means any of the following:
(1) A cross mark or check mark (X or U) on a hand-counted
paper ballot.
(2) A shaded-in circle, oval, or square, or a connected arrow
on an optical scan ballot card.
(3) A highlighted area on a direct record electronic voting
system.
Sec. 110. "Voting method" means the use of:
(1) paper ballots;
(2) ballot card voting systems;
(3) electronic voting systems; or
(4) any combination of these;
to register votes in a precinct.
Sec. 111. "Voting system" means, as provided in 52 U.S.C.
21081:
(1) the total combination of mechanical, electromechanical, or
electronic equipment (including the software, firmware, and
documentation required to program, control, and support
that equipment) that is used:
(A) to define ballots;
(B) to cast and count votes;
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(C) to report or display election results; and
(D) to maintain and produce any audit trail information;
and
(2) the practices and associated documentation used:
(A) to identify system components and versions of those
components;
(B) to test the system during its development and
maintenance;
(C) to maintain records of system errors and defects;
(D) to determine specific system changes to be made to a
system after the initial qualification of the system; and
(E) to make available any materials to the voter (such as
notices, instructions, forms, or paper ballots).
Sec. 112. "VSTOP" refers to the voting system technical
oversight program established by IC 3-11-16-2.
Sec. 113. "Web Content Guidelines" refers to version 2.1 of the
recommendations for making web content accessible for
individuals with disabilities published on June 5, 2018, by the Web
Accessibility Initiative of the World Wide Web Consortium.
Sec. 114. "Write-in candidate" means a candidate:
(1) who has filed a declaration of intent to be a write-in
candidate; and
(2) whose declaration of intent to be a write-in candidate has
been accepted by the appropriate authority under IC 3-8-2-5
and IC 3-8-2-6.
SECTION 7. IC 3-5-5-0.2, AS ADDED BY P.L.258-2013,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 0.2. Notwithstanding any other law, the additions
and amendments to IC 3-5-2 IC 3-5-2.1 or this chapter made by SEA
519-2013 do not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before July 1, 2013. Those rights, liabilities, penalties, offenses, and
proceedings continue and shall be imposed and enforced under prior
law as if SEA 519-2013 had not been enacted.
SECTION 8. IC 3-5-5-0.3, AS ADDED BY P.L.169-2015,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 0.3. Notwithstanding any other law, the additions
and amendments to IC 3-5-2 IC 3-5-2.1 or this chapter made by
legislation enacted in the 2015 regular session of the general assembly
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do not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before July 1, 2015. Those rights, liabilities, penalties, offenses, and
proceedings continue and shall be imposed and enforced under prior
law as if the legislation had not been enacted.
SECTION 9. IC 3-5-5-18 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 18. Notwithstanding IC 3-5-2-42.5,
IC 3-5-2.1-90, an individual with a nontraditional residence whose
residence is within a precinct, but is not fixed or permanent, resides in
that precinct.
SECTION 10. IC 3-6-1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. Notwithstanding
any other statute, an individual serving in any of the following political
party offices is not considered to be holding an office for purposes of
Article 15 of the Constitution of the State of Indiana:
(1) Precinct committeeman.
(2) Precinct vice committeeman.
(3) State convention delegate.
(4) Chair or other officer of a central committee.
(5) Any other political party office (as defined in IC 3-5-2-17).
IC 3-5-2.1-34).
SECTION 11. IC 3-6-2-10.5, AS AMENDED BY P.L.278-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10.5. The county chairman of a major political
party shall, upon the request of a person who is serving in an elected
office (as defined in IC 3-5-2-17), IC 3-5-2.1-34), provide to that
person the name and address of the precinct committeeman and vice
committeeman of that party for each precinct in the county.
SECTION 12. IC 3-6-4.2-14, AS AMENDED BY P.L.141-2023,
SECTION 2, AND BY P.L.227-2023, SECTION 11, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. (a)
Each year in which a general or municipal election is held, the election
division shall call a meeting of all the members of the county election
boards, the boards of registration (subject to IC 3-7-12), and the boards
of elections and registration (as defined in IC 3-5-2-5.3) IC 3-5-2.1-12)
to instruct them regarding all of the following:
(1) Their duties under this title and federal law (including HAVA
and NVRA).
(2) Requirements and best practices concerning cybersecurity for
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the computerized list, voting systems, and electronic poll books.
(3) Physical security for all aspects of the election process,
including voting systems, electronic poll books, absentee voting,
and polling places.
(4) Requirements and best practices to ensure that voting systems,
precinct polling places, and vote centers are accessible to voters
with disabilities.
(5) Best practices in answering voters' questions on how to vote,
including providing instructions to voters on straight ticket voting.
(b) The election division may call a meeting under this section:
(1) during a year in which a general or a municipal election is not
held; and
(2) at other times when the election division determines that doing
so is necessary or desirable.
(c) Each circuit court clerk, each member of a board of registration
established under IC 3-7-12, and each director, assistant director, or
co-director of a board of elections and registration shall attend a
meeting called by the election division under this section. A member
of a county election board may attend a meeting called by the election
division under this section. A circuit court clerk, member of a board of
registration, or member of a board of elections and registration may
require the attendance of the following:
(1) Each of the circuit court clerk's, board of registration
member's, or board of elections and registration member's
appointed and acting chief deputies or chief assistants with
election related responsibilities.
(2) If the number of deputies or assistants:
(A) is not more than three (3), one (1) of the clerk's or
member's appointed and acting deputies or assistants; or
(B) is greater than three (3), two (2) of the clerk's or member's
appointed and acting deputies or assistants.
(d) The election division shall set the time and place of the
instructional meeting. In years in which a primary election is held, the
election division:
(1) may conduct the meeting before the first day of the year; and
(2) shall conduct the meeting before primary election day.
The instructional meeting may not last for more than three (3) days.
(e) Each individual who attends the meeting under subsection (c)
and an individual who has been elected or selected to serve as circuit
court clerk but has not yet begun serving in that office is entitled to
receive all of the following from the county general fund without
appropriation:
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(1) A sum for mileage at a rate determined by the fiscal body of
the unit the official represents for each mile necessarily traveled
in going to and returning from the meeting by the most
expeditious route. Regardless of the duration of the conference,
only one (1) mileage reimbursement shall be allowed to the
official furnishing the conveyance even if the official transports
more than one (1) person.
(2) An allowance for lodging for each night preceding conference
attendance in an amount equal to the single room rate. However,
lodging expense, in the case of a one (1) day conference, shall
only be allowed for persons who reside fifty (50) miles or farther
from the conference location.
(3) Reimbursement of an official, a deputy, or an assistant in an
amount determined by the fiscal body of the unit the official,
deputy, or assistant represents, for meals purchased while
attending a conference called under this section.
(f) The election division shall certify the number of days of
attendance and the mileage for each conference to each official, deputy,
or assistant attending any conference under this section.
(g) All payments of mileage and lodging shall be made by the
proper disbursing officer in the manner provided by law on a duly
verified claim or voucher to which shall be attached the certificate of
the election division showing the number of days attended and the
number of miles traveled. All payments shall be made from the county
general fund from any money not otherwise appropriated and without
any previous appropriation being made therefore.
(h) A claim for reimbursement under this section may not be denied
by the body responsible for the approval of claims if the claim complies
with IC 5-11-10-1.6 and this section.
SECTION 13. IC 3-7-26.3-32 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 32. (a) This section
applies to a county with a county voter registration office described in
IC 3-5-2-16.2(1) IC 3-5-2.1-30(1) or IC 3-5-2-16.2(2).
IC 3-5-2.1-30(2).
(b) The computerized list must permit a county election board to
view data concerning voters of the county in order to do the following:
(1) Administer absentee balloting.
(2) Determine whether an individual who wishes to file as a
candidate is a voter of the county.
SECTION 14. IC 3-8-2-11, AS AMENDED BY P.L.74-2017,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. (a) A declaration of candidacy may be made
SEA 80 — CC 1
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by mail and is considered filed as of the date and hour the filing occurs
in the manner described by IC 3-5-2-24.5 IC 3-5-2.1-47 in the office
of the election division or circuit court clerk.
(b) This subsection applies to a candidate required to file a
statement of economic interests under IC 2-2.2-2 or IC 33-23-11-15 or
a financial disclosure statement under IC 4-2-6-8. This subsection does
not apply to a candidate for a local office or school board office
required to file a statement of economic interests under IC 3-8-9. The
election division shall require the candidate to produce a:
(1) copy of the statement, file stamped by the office required to
receive the statement of economic interests; or
(2) receipt or photocopy of a receipt showing that the statement
has been filed;
before the election division accepts the declaration for filing. The
election division shall reject a filing that does not comply with this
subsection.
(c) This subsection applies to a candidate for a local office or school
board office required to file a statement of economic interests under
IC 3-8-9. The circuit court clerk shall reject a declaration of candidacy
that does not include a statement of economic interests.
SECTION 15. IC 3-9-2-5, AS AMENDED BY HEA 1680-2025,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) A contribution:
(1) authorized under subsection (c) or section 4 of this chapter;
(2) to a committee by a corporation or labor organization; and
(3) designated by that corporation or labor organization for
disbursement to a specific candidate, central committee, or other
regular party committee;
is subject to the limitations in section 4 of this chapter.
(b) A corporation or labor organization may make a donation to
cover any amount of administrative costs (as described in
IC 3-5-2-15(e)) IC 3-5-2.1-27(e)) to a political action committee
established and controlled by the corporation or labor organization. A
donation made under this subsection is not considered a contribution
or an expenditure by the corporation or labor organization.
(c) A corporation or labor organization may make a contribution to
a political action committee if the contribution:
(1) does not exceed any of the limits prescribed under section 4
of this chapter; and
(2) is designated for disbursement to a specific candidate or
committee listed under section 4 of this chapter.
SECTION 16. IC 3-9-4-4, AS AMENDED BY P.L.91-2019,
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SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) The election division shall develop a filing
and coding system consistent with the purposes of this article. The
election division and each county election board shall use the filing and
coding system. The coding system must provide:
(1) not more than ten (10) codes to account for various campaign
expenditure items; and
(2) a clear explanation of the kinds of expenditure items that must
be accounted for under each code.
(b) The election division shall develop and use a computer system
to store campaign finance reports required to be filed under IC 3-9-5-6,
IC 3-9-5-10, and IC 3-9-5-20.1. The computer system must enable the
election division to do the following:
(1) Identify all candidates or committees that received
contributions from a contributor over the past three (3) years.
(2) Identify all contributors to a candidate or committee over the
past three (3) years.
(3) Provide for electronic submission, retrieval, storage, and
disclosure of campaign finance reports of candidates for the
following:
(A) Legislative office.
(B) State office.
The election division shall provide training at no cost to
candidates to enable candidates described in this subdivision to
file campaign finance reports electronically.
(c) The election division shall notify each candidate's committee
that the election division will provide at the committee's request at no
cost a standardized software program to permit the committee to install
the software on a computer and generate an electronic version of the
reports and statements required to be filed with the election division
under this article. However, the election division is not required to
provide or alter the software program to make the program compatible
for installation or operation on a specific computer.
(d) This subsection applies to the following committees:
(1) A committee for a candidate seeking election to a state office.
(2) A committee for a candidate seeking election to a legislative
office.
(3) A political action committee that has received more than fifty
thousand dollars ($50,000) in contributions since the close of the
previous reporting period.
The committee must file electronically the report or statement required
under this article with the election division using a standardized
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software program supplied to the committee without charge under
subsection (c) or another format approved by the election division. An
electronic filing approved by the election division under this subsection
may not require manual reentry into a computer system of the data
contained in the report or statement in order to make the data available
to the general public under subsection (g).
(e) This subsection applies to an electronic submission under
subsection (b)(3). An electronic submission must be in a format
previously approved by the election division that permits the election
division to print out a hard copy of the report after the receipt of the
electronic submission from the candidate. Filing of a report occurs
under IC 3-5-2-24.5 IC 3-5-2.1-47 on the date and at the time
electronically recorded by the election division's computer system. If
a discrepancy exists between the text of the electronic submission and
the printed report, the text of the printed report prevails until an
amendment is filed under this article to correct the discrepancy.
(f) The election division is not required to accept an electronic
submission unless the submission complies with subsection (b)(3).
Upon receiving approval from the commission, the election division
may accept an electronic submission from candidates, committees, or
persons described in subsection (b)(3).
(g) The election division shall make campaign finance reports stored
on the computer system under subsection (b) available to the general
public through an on-line online service.
SECTION 17. IC 3-9-5-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 7. (a) A person may deliver reports
to the appropriate office as follows:
(1) By hand.
(2) By mail.
(3) By electronic mail, if the appropriate office has the capacity
to do all of the following:
(A) Receive electronic mail.
(B) Electronically record the date and time that electronic mail
is received by the office.
(C) Print out a hard copy of the report after the receipt of the
electronic mail by the office.
(b) Reports must be filed as follows:
(1) Hand delivered reports or reports transmitted by mail must be
filed with the appropriate office during regular office hours not
later than noon seven (7) days after the date of the report.
(2) Reports delivered by electronic mail must be filed with the
appropriate office not later than noon seven (7) days after the date
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of the report.
(c) This subsection applies to a report delivered by electronic mail.
Filing of a report occurs under IC 3-5-2-24.5 IC 3-5-2.1-47 on the date
and at the time electronically recorded by the office's computer system.
If a discrepancy exists between the text of the electronic mail and the
printed report, the text of the printed report prevails until an
amendment is filed under this article to correct the discrepancy.
(d) An office is not required to accept a report or statement required
under this article by facsimile transmission. Upon approval of a policy
by the commission or a county election board to receive reports or
statements by facsimile transmission, the election division or the
county election board may accept the facsimile transmission of a report
or statement.
SECTION 18. IC 3-9-8-2, AS ADDED BY P.L.81-2024, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2025]: Sec. 2. (a) For purposes of this chapter, subject to subsection
(b), "candidate" has the meaning set forth in IC 3-5-2-6. IC 3-5-2.1-16.
(b) For purposes of this chapter, "candidate" includes an individual
who holds an elected office, including:
(1) a federal or state office, including a federal or state legislative
office;
(2) a school board office; or
(3) a local office.
SECTION 19. IC 3-10-1-7.2, AS AMENDED BY P.L.157-2019,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7.2. (a) Except as provided in subsection (e), a
voter who desires to vote an official ballot at a primary election shall
provide proof of identification.
(b) Except as provided in subsection (e), before the voter proceeds
to vote in a primary election, a precinct election officer shall ask the
voter to provide proof of identification. The voter must produce the
proof of identification before being permitted to sign the poll list.
(c) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the precinct election board determines that the
proof of identification presented by the voter does not qualify as
proof of identification under IC 3-5-2-40.5; IC 3-5-2.1-84;
a member of the precinct election board shall challenge the voter as
prescribed by IC 3-11-8.
(d) If the voter executes a challenged voter's affidavit under section
9 of this chapter or IC 3-11-8-22.1, the voter may:
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(1) sign the poll list; and
(2) receive a provisional ballot.
(e) A voter who votes in person at a precinct polling place, vote
center, or satellite office established under IC 3-11-10-26.3 that is
located at a state licensed care facility where the voter resides is not
required to provide proof of identification before voting in a primary
election.
SECTION 20. IC 3-11-4-2, AS AMENDED BY P.L.140-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) A voter who wants to vote by absentee
ballot must apply to the county election board for an absentee ballot.
Except as provided in subsection (b), the voter must sign the absentee
ballot application.
(b) If a voter with disabilities is unable to sign the absentee ballot
application and the voter has not designated an individual to serve as
attorney in fact for the voter, the voter may designate an individual
eligible to assist the voter under IC 3-11-9-2(a) to sign the application
on behalf of the voter and add the individual's name to the application.
If an individual applies for an absentee ballot as the properly
authorized attorney in fact for a voter, the attorney in fact must attach
a copy of the power of attorney to the application and comply with
subsection (d).
(c) A person may provide an individual with an application for an
absentee ballot with the following information already printed or
otherwise set forth on the application when provided to the individual:
(1) The name of the individual.
(2) The voter registration address of the individual.
(3) The mailing address of the individual.
(4) The date of birth of the individual.
(d) A person may not provide an individual with an application for
an absentee ballot with the following information already printed or
otherwise set forth on the application when provided to the individual:
(1) The address to which the absentee ballot would be mailed, if
different from the voter registration address of the individual.
(2) In a primary election, the major political party ballot requested
by the individual.
(3) In a primary or general election, the types of absentee ballots
requested by the individual.
(4) The reason why the individual is entitled to vote an absentee
ballot:
(A) by mail; or
(B) before an absentee voter board (other than an absentee
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voter board located in the office of the circuit court clerk or a
satellite office);
in accordance with section 18 of this chapter, IC 3-11-10-24, or
IC 3-11-10-25.
(5) The voter identification number of the individual.
(e) If the county election board determines that an absentee ballot
application does not comply with subsection (d), the board shall
implement the procedures prescribed by section 17.6 of this chapter.
(f) The following statement must be printed in at least 16 point font
size, underlined, and clearly legible print on the envelope of an
absentee ballot application that a person sends to an individual:
"(Name of person sending the absentee ballot application) has
sent you the enclosed application. This is unsolicited and is not
sent by a state or local election official.".
(g) This subsection:
(1) applies only to an application to be mailed to an individual;
and
(2) does not apply to an application provided to an individual
online.
An agency of the state or a political subdivision may not provide an
individual with an absentee ballot application unless requested by the
individual or a member of the individual's family listed in
IC 3-6-6-7(a)(4).
(h) An absentee ballot application must request that the individual
include:
(1) on the individual's ballot application:
(A) either:
(i) the individual's ten (10) digit Indiana driver's license
number issued under IC 9-24-11;
(ii) the individual's ten (10) digit Indiana identification card
number for nondrivers issued under IC 9-24-16; or
(iii) the unique identifying number assigned to the voter's
registration record in the computerized list; and
(B) the last four (4) digits of the voter's Social Security
number; or
(2) with the individual's ballot application, a photocopy of:
(A) the individual's:
(i) driver's license issued under IC 9-24; or
(ii) Indiana identification card for nondrivers issued under
IC 9-24-16; or
(B) other proof of identification for the individual under
IC 3-5-2-40.5. IC 3-5-2.1-84.
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Information and documentation described by this subsection that is
included on or with an individual's ballot application is confidential. A
county voter registration office is only required to redact the
confidential information in responding to a public records request
under IC 5-14-3. The application form must state that an applicant may
include only one (1) of the numbers under subdivision (1) or one (1) of
the documents under subdivision (2), but the application may be
delayed if the county election board cannot match at least one (1) of the
numbers described in this subsection with the voter's registration
record.
(i) This subsection applies only to an absentee ballot application
submitted in an electronic format using a module of the computerized
list under IC 3-7-26.3. In order for an individual to access the absentee
ballot application, the individual shall provide one (1) of the following:
(1) The individual's ten (10) digit Indiana driver's license number
issued under IC 9-24-11.
(2) The individual's ten (10) digit Indiana identification card
number for nondrivers issued under IC 9-24-16.
(3) The unique identifying number assigned to the voter's
registration record in the computerized list.
(4) The last four (4) digits of the individual's Social Security
number.
Information described by subdivisions (1) through (4) that is provided
by an individual under this subsection is confidential. A county voter
registration office is only required to redact the confidential
information in responding to a public records request under IC 5-14-3.
(j) The county election board shall implement the procedures
prescribed by section 17.6 of this chapter if the county election board
cannot match at least one (1) of the numbers described in subsection
(h) or (i) with the voter's registration record.
(k) A person who assists an individual in completing any
information described in subsection (d) on an absentee ballot
application shall state under the penalties for perjury the following
information on the application:
(1) The full name, residence and mailing address, and daytime
and evening telephone numbers (if any) of the person providing
the assistance.
(2) The date this assistance was provided.
(3) That the person providing the assistance has complied with
Indiana laws governing the submission of absentee ballot
applications.
(4) That the person has no knowledge or reason to believe that the
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individual submitting the application:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
When providing assistance to an individual, the person must, in the
individual's presence and with the individual's consent, provide the
information listed in subsection (d) if the individual is unable to do so.
(l) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal Service
or a bonded courier company. A person who receives a completed
absentee ballot application from the individual who has applied for the
absentee ballot shall indicate on the application the date the person
received the application, and file the application with the appropriate
county election board or election division not later than:
(1) noon ten (10) days after the person receives the application;
or
(2) the deadline set by Indiana law for filing the application with
the board;
whichever occurs first. The election division, a county election board,
or a board of elections and registration shall forward an absentee ballot
application to the county election board or board of elections and
registration of the county where the individual resides.
(m) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal Service
or a bonded courier company, or to the election division, a county
election board, or a board of elections and registration. A person filing
an absentee ballot application, other than the person's own absentee
ballot application, must include an affidavit with the application. The
affidavit must be signed by the individual who received the completed
application from the applicant. The affidavit must be in a form
prescribed by the election division. The form must include the
following:
(1) A statement of the full name, residence and mailing address,
and daytime and evening telephone numbers (if any) of the person
submitting the application.
(2) A statement that the person filing the affidavit has complied
with Indiana laws governing the submission of absentee ballot
applications.
(3) The date (or dates) that the absentee ballot applications
attached to the affidavit were received.
(4) A statement that the person has no knowledge or reason to
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believe that the individual whose application is to be filed:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(5) A statement that the person is executing the affidavit under the
penalties of perjury.
(6) A statement setting forth the penalties for perjury.
(n) The county election board shall record the date and time of the
filing of the affidavit.
SECTION 21. IC 3-11-4-8, AS AMENDED BY P.L.198-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) This section applies to an overseas voter
described in IC 3-5-2-34.5(3). IC 3-5-2.1-75(3).
(b) An overseas voter who resides outside the United States and
who is no longer a resident of a precinct in Indiana is only entitled to
receive absentee ballots for a federal office under this chapter.
(c) A voter described in subsection (a) is considered to be a voter of
the Indiana precinct where the voter registration office of the county
where the person was domiciled before leaving the United States is
located.
SECTION 22. IC 3-11-8-7, AS AMENDED BY P.L.278-2019,
SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. In preparing the polls for an election, the county
election board shall:
(1) have placed within the room a railing separating the part of the
room to be occupied by the precinct election board from that part
of the room to be occupied by the ballot card voting systems,
electronic voting systems, and the three (3) or more booths or
compartments for marking paper ballots, whenever either or two
(2) of these voting systems are used;
(2) ensure that the portion of the room set apart for the precinct
election board includes a designated area before the voter
approaches the precinct election board at which each voter
appears for challenge; and
(3) provide a method or material for designating the boundaries
of the chute, such as a railing, rope, or wire on each side,
beginning a distance equal to the length of the chute (as defined
in IC 3-5-2-10) IC 3-5-2.1-21) away from and leading to the door
for entering the room in which the election is held.
SECTION 23. IC 3-11-8-10.3, AS AMENDED BY P.L.65-2024,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10.3. (a) A reference to an electronic poll list in
a vote center plan adopted under IC 3-11-18.1 before July 1, 2014, is
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considered to be a reference to an electronic poll book (as defined by
IC 3-5-2-20.5), IC 3-5-2.1-39), unless otherwise expressly provided in
the vote center plan.
(b) An electronic poll book must satisfy all of the following:
(1) An electronic poll book must be programmed so that the
coordinated action of two (2) election officers who are not
members of the same political party is necessary to access the
electronic poll book.
(2) An electronic poll book may not be connected to a voting
system. However, the electronic poll book may be used in
conjunction with a voting system if both of the following apply:
(A) The electronic poll book contains a device that must be
physically removed from the electronic poll book by a person
and the device is inserted into the voting system, with no
hardware or software connection existing between the
electronic poll book and the voting system.
(B) All data on the device is erased when the device is
removed from the voting system and before the device is
reinserted into an electronic poll book.
(3) An electronic poll book may not permit access to voter
information other than:
(A) information provided on the certified list of voters
prepared under IC 3-7-29-1; or
(B) information concerning any of the following received or
issued after the electronic poll list has been downloaded by the
county election board under IC 3-7-29-6:
(i) The county's receipt of an absentee ballot from the voter.
(ii) The county's receipt of additional documentation
provided by the voter to the county voter registration office.
(iii) The county's issuance of a certificate of error.
An electronic poll book may not display whether a voter's
registration record is in active or inactive status.
(4) The information contained on an electronic poll book must be
secure and placed on a dedicated, private server to secure
connectivity between a precinct polling place or satellite absentee
office and the county election board. The electronic poll book
must have the capability of:
(A) storing (in external or internal memory) the current local
version of the electronic poll list; and
(B) producing a list of audit records that reflect all of the
idiosyncrasies of the system, including in-process audit
records that set forth all transactions.
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(5) The electronic poll book must permit a poll clerk to enter
information regarding an individual who has appeared to vote to
verify whether the individual is eligible to vote, and if so, whether
the voter has:
(A) already received a ballot at the election;
(B) returned an absentee ballot; or
(C) submitted any additional documentation required under
IC 3-7-33-4.5 or IC 3-7-33-4.7.
(6) After the voter has been provided with a ballot, the electronic
poll book must permit a poll clerk to enter information indicating
that the voter has received a ballot.
(7) The electronic poll book must transmit the information in
subdivision (6) to the county server so that:
(A) the server may transmit the information immediately to
every other polling place or satellite absentee office in the
county; or
(B) the server makes the information immediately available to
every other polling place or satellite office in the county.
(8) The electronic poll book must permit reports to be:
(A) generated by a county election board for a watcher
appointed under IC 3-6-8 at any time during election day; and
(B) electronically transmitted by the county election board to
a political party or independent candidate who is eligible to
appoint a watcher under IC 3-6-8.
(9) On each day after absentee ballots are cast before an absentee
voter board in the circuit court clerk's office, a satellite office, or
a vote center, and after election day, the electronic poll book must
permit voter history to be quickly and accurately uploaded into
the computerized list (as defined in IC 3-7-26.3-2).
(10) The electronic poll book must be able to display an electronic
image of the signature of a voter taken from:
(A) the voter's registration application; or
(B) a more recent signature of a voter from an absentee
application, poll list, electronic poll book, or registration
document.
(11) The electronic poll book must be used with a signature pad,
tablet, or other signature capturing device that permits the voter
to:
(A) make an electronic signature for comparison with the
signature displayed under subdivision (10); and
(B) indicate the name of the voter's political party under
IC 3-10-1-24.
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An image of the electronic signature made by the voter on the
signature pad, tablet, or other signature capturing device must be
retained and identified as the signature of the voter for the period
required for retention under IC 3-10-1-31.1.
(12) The electronic poll book must include a bar code capturing
device that:
(A) permits a voter who presents an Indiana driver's license or
a state identification card issued under IC 9-24-16 to scan the
license or card through the bar code reader or tablet; and
(B) has the capability to display the voter's registration record
upon processing the information contained within the bar code
on the license or card.
(13) A printer separate from the electronic poll book used in a
vote center county may be programmed to print on the back of a
ballot card, immediately before the ballot card is delivered to the
voter, the printed initials of the poll clerks captured through the
electronic signature pad or tablet at the time the poll clerks log
into the electronic poll book system.
(14) The electronic poll book must be compatible with:
(A) any hardware attached to the electronic poll book, such as
signature capturing devices, bar code capturing devices, and
network cards;
(B) the statewide voter registration system; and
(C) any software system used to prepare voter information to
be included on the electronic poll book.
(15) The electronic poll book must have the ability to be used in
conformity with this title for:
(A) any type of election conducted in Indiana; or
(B) any combination of elections held concurrently with a
general election, municipal election, primary election, or
special election.
(16) The procedures for setting up, using, and shutting down an
electronic poll book must be reasonably easy for a precinct
election officer to learn, understand, and perform. A vendor shall
provide sufficient training to election officials and poll workers
to completely familiarize them with the operations essential for
carrying out election activities. A vendor shall provide an
assessment of learning goals achieved by the training in
consultation with VSTOP (as described in IC 3-11-18.1-12).
(17) The electronic poll book must enable a precinct election
officer to verify that the electronic poll book:
(A) has been set up correctly;
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(B) is working correctly so as to verify the eligibility of the
voter;
(C) is correctly recording that a voter received a ballot; and
(D) has been shut down correctly.
(18) The electronic poll book must include the following
documentation:
(A) Plainly worded, complete, and detailed instructions
sufficient for a precinct election officer to set up, use, and shut
down the electronic poll book.
(B) Training materials that:
(i) may be in written or video form; and
(ii) must be in a format suitable for use at a polling place,
such as simple "how to" guides.
(C) Failsafe data recovery procedures for information included
in the electronic poll book.
(D) Usability tests:
(i) that are conducted by the manufacturer of the electronic
poll book or an independent testing facility using individuals
who are representative of the general public;
(ii) that include the setting up, using, and shutting down of
the electronic poll book; and
(iii) that report their results using industry standard reporting
formats.
(E) A clear model of the electronic poll book system
architecture and the following documentation:
(i) End user documentation.
(ii) System-level and administrator level documentation.
(iii) Developer documentation.
(F) Detailed information concerning:
(i) electronic poll book consumables; and
(ii) the vendor's supply chain for those consumables.
(G) Vendor internal quality assurance procedures and any
internal or external test data and reports available to the
vendor concerning the electronic poll book.
(H) Repair and maintenance policies for the electronic poll
book.
(I) As of the date of the vendor's application for approval of
the electronic poll book by the secretary of state as required by
IC 3-11-18.1-12, the following:
(i) A list of customers who are using or have previously used
the vendor's electronic poll book.
(ii) A description of any known anomalies involving the
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functioning of the electronic poll book, including how those
anomalies were resolved.
(J) Information concerning batteries used in the electronic poll
book, including the following:
(i) A list of all batteries to be used in the electronic poll
book and any peripherals.
(ii) The expected life span of each battery.
(iii) A log documenting when each battery was installed or
subsequently replaced.
(iv) A schedule for the replacement of each battery not later
than thirty (30) days before the end of the expected life span
of each battery.
(v) Plans to test batteries before each election.
(vi) Plans for the emergency replacement of batteries that
fail on election day or during the thirty (30) days before
election day.
(19) The electronic poll book and any hardware attached to the
electronic poll book must be designed to prevent injury or damage
to any individual or the hardware, including fire and electrical
hazards.
(20) The electronic poll book must demonstrate that it correctly
processes all activity regarding each voter registration record,
including the use, alteration, storage, receipt, and transmittal of
information that is part of the record. Compliance with this
subdivision requires the mapping of the data life cycle of the voter
registration record as processed by the electronic poll book.
(21) The electronic poll book must successfully perform in
accordance with all representations concerning functionality,
usability, security, accessibility, and sustainability made in the
vendor's application for approval of the electronic poll book by
the secretary of state as required by IC 3-11-18.1-12.
(22) The electronic poll book must have the capacity to transmit
all information generated by the voter or poll clerk as part of the
process of casting a ballot, including the time and date stamp
indicating when the voter signed the electronic poll book, and the
electronic signature of the voter, for retention on the dedicated
private server approved by the county election board for the
period required by Indiana and federal law.
(23) The electronic poll book must:
(A) permit a voter to check in and sign the electronic poll book
even when there is a temporary interruption in connectivity to
the Internet; and
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(B) provide for the uploading of each signature so that the
signature may be assigned to the voter's registration record.
(24) The electronic poll book must have the capacity, for each
voter who appears on the electronic poll list, to transmit
information that a voter cast a provisional ballot:
(A) from the electronic poll book to the dedicated private
server; and
(B) from the dedicated private server to the voter's record in
the statewide voter registration system.
This functionality may not be disabled.
(c) The county election board is responsible for the care and custody
of all electronic poll books while not in use.
(d) The county election board is responsible for ensuring that all
electronic poll books are dedicated devices to be used only for their
intended purpose and for no other activity. Software that is not needed
for the essential purpose of running the electronic poll book may not be
installed on an electronic poll book.
SECTION 24. IC 3-11-8-16, AS AMENDED BY P.L.230-2005,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 16. A person may not remain within a distance
equal to the length of the chute (as defined in IC 3-5-2-10)
IC 3-5-2.1-21) of the entrance to the polls except for the purpose of
offering to vote.
SECTION 25. IC 3-11-8-23, AS AMENDED BY P.L.65-2024,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 23. (a) If a challenged voter has already made an
affirmation or executed an affidavit under IC 3-7-48-7.5, IC 3-10-10-9,
IC 3-10-11-4.5, or IC 3-10-12-5, the challenged voter is not required to
execute an additional affidavit under this section.
(b) The affidavit of a challenged voter required by section 22.1 of
this chapter must be sworn and affirmed and must contain the
following:
(1) A statement that the voter is a citizen of the United States.
(2) The voter's date of birth to the best of the voter's information
and belief.
(3) A statement that the voter has been a resident of the precinct
for thirty (30) days immediately before this election or is qualified
to vote in the precinct under IC 3-10-10, IC 3-10-11, or
IC 3-10-12.
(4) The voter's name and a statement that the voter is generally
known by that name.
(5) A statement that the voter has not voted and will not vote in
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any other precinct in this election.
(6) The voter's current residential address, including the street or
number, and if applicable, the voter's residential address thirty
(30) days before the election, and the date the voter moved.
(7) If applicable, that, when the voter was challenged to present
proof of identification or an additional document to confirm the
voter's identity and current residence, the voter presented proof of
identification or the additional documentation that complied with
IC 3-5-2-40.5, IC 3-5-2.1-84, IC 3-7-33-4.5, or IC 3-7-33-4.7.
(8) A statement that the voter understands that making a false
statement on the affidavit is punishable under the penalties of
perjury.
(9) If the individual's name does not appear on the registration
list, a statement that the individual registered to vote and where
the individual believes the individual registered to vote during the
registration period described by IC 3-7-13-10.
SECTION 26. IC 3-11-8-25.1, AS AMENDED BY P.L.157-2019,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 25.1. (a) Except as provided in subsection (e), a
voter who desires to vote an official ballot at an election shall provide
proof of identification.
(b) Except as provided in subsection (e), before the voter proceeds
to vote in the election, a precinct election officer shall ask the voter to
provide proof of identification. One (1) of each of the precinct election
officers nominated by each county chairman of a major political party
of the county under IC 3-6-6-8 or IC 3-6-6-9 is entitled to ask the voter
to provide proof of identification. The voter shall produce the proof of
identification to each precinct officer requesting the proof of
identification before being permitted to sign the poll list.
(c) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the precinct election board determines that the
proof of identification provided by the voter does not qualify as
proof of identification under IC 3-5-2-40.5; IC 3-5-2.1-84;
a member of the precinct election board shall challenge the voter as
prescribed by this chapter.
(d) If the voter executes a challenged voter's affidavit under section
22.1 of this chapter, the voter shall:
(1) sign the poll list; and
(2) receive a provisional ballot.
(e) A voter who votes in person at a precinct polling place, vote
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center, or satellite office established under IC 3-11-10-26.3 that is
located at a state licensed care facility where the voter resides is not
required to provide proof of identification before voting in an election.
(f) After a voter has passed the challengers or has been sworn in, the
voter shall be instructed by a member of the precinct election board to
proceed to the location where the poll clerks are stationed. In a vote
center county using an electronic poll list, two (2) election officers who
are not members of the same political party must be present when a
voter signs in on the electronic poll list. The voter shall announce the
voter's name to the poll clerks or assistant poll clerks. A poll clerk, an
assistant poll clerk, or a member of the precinct election board shall
require the voter to write the following on the poll list or to provide the
following information for entry into the electronic poll list:
(1) The voter's name.
(2) Except as provided in subsection (k), the voter's current
residence address.
(g) The poll clerk, an assistant poll clerk, or a member of the
precinct election board shall:
(1) ask the voter to provide or update the voter's voter
identification number;
(2) tell the voter the number the voter may use as a voter
identification number; and
(3) explain to the voter that the voter is not required to provide or
update a voter identification number at the polls.
(h) The poll clerk, an assistant poll clerk, or a member of the
precinct election board shall ask the voter to provide proof of
identification.
(i) In case of doubt concerning a voter's identity, the precinct
election board shall compare the voter's signature with the signature on
the voter's registration record provided by the county voter registration
office under IC 3-7-29. If the board determines that the voter's
signature is authentic, the voter may then vote. If either poll clerk
doubts the voter's identity following comparison of the signatures, the
poll clerk shall challenge the voter in the manner prescribed by section
21 of this chapter.
(j) If:
(1) the poll clerk does not execute a challenger's affidavit; or
(2) the voter executes a challenged voter's affidavit under section
22.1 of this chapter or executed the affidavit before signing the
poll list;
the voter may then vote.
(k) The electronic poll book (or each line on a poll list sheet
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provided to take a voter's current address) must include a box under the
heading "Address Unchanged". A voter whose address is unchanged
shall check the box instead of writing the voter's current address on the
poll list, or if an electronic poll book is used, the poll clerk shall check
the box after stating to the voter the address shown on the electronic
poll book and receiving an oral affirmation from the voter that the
voter's residence address shown on the poll list is the voter's current
residence address instead of writing the voter's current residence
address on the poll list or reentering the address in the electronic poll
book.
(l) If the voter indicates that the voter's current residence is located
within another county in Indiana, the voter is considered to have
directed the county voter registration office of the county where the
precinct is located to cancel the voter registration record within the
county. The precinct election board shall provide the voter with a voter
registration application for the voter to complete and file with the
county voter registration office of the county where the voter's current
residence address is located.
(m) If the voter indicates that the voter's current residence is located
outside Indiana, the voter is considered to have directed the county
voter registration office of the county where the precinct is located to
cancel the voter registration record within the county.
SECTION 27. IC 3-11-10-26, AS AMENDED BY HEA 1679-2025,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 26. (a) This subsection applies to all counties,
except for a county to which IC 3-6-5.2 or IC 3-6-5.6 applies. As an
alternative to voting by mail, a voter is entitled to cast an absentee
ballot before an absentee voter board at any of the following:
(1) One (1) location of the office of the circuit court clerk
designated by the circuit court clerk.
(2) A satellite office established under section 26.3 of this
chapter.
(b) This subsection applies to a county to which IC 3-6-5.2 or
IC 3-6-5.6 applies. As an alternative to voting by mail, a voter is
entitled to cast an absentee ballot before an absentee voter board at any
of the following:
(1) The office of the board of elections and registration.
(2) A satellite office established under section 26.3 of this
chapter.
(c) Except for a location designated under subsection (a)(1), a
location of the office of the circuit court clerk must be established as
a satellite office under section 26.3 of this chapter in order to be used
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as a location at which a voter is entitled to cast an absentee ballot
before an absentee voter board under this section.
(d) The voter must do the following before being permitted to vote:
(1) This subdivision does not apply to a county that uses
electronic poll books for voting under this section. Sign an
application on the form prescribed by the election division under
IC 3-11-4-5.1. The application must be received by the circuit
court clerk not later than the time prescribed by IC 3-11-4-3.
(2) This subdivision applies only to a county that uses electronic
poll books for voting under this section and in which the ballot is
cast on an electronic voting system. The voter must do the
following:
(A) If the county election board has prescribed an affidavit
under subsection (e) that includes a unique identifier to
comply with section 26.2(c)(3) of this chapter, make and
subscribe to the affidavit.
(B) Sign the electronic poll book.
(C) Provide proof of identification.
(3) This subdivision applies only to a county that uses electronic
poll books for voting under this section and in which the ballot is
cast on an optical scan voting system. The voter must do the
following:
(A) Sign the electronic poll book.
(B) Provide proof of identification.
(C) Sign the affidavit prescribed by section 29 of this chapter.
(e) The county election board may:
(1) prescribe an affidavit that includes a unique identifier; or
(2) establish a procedure to produce a document, label, or
electronic record that is associated with each voter and includes
a unique identifier;
to comply with section 26.2(c)(3) of this chapter. After the county
election board approves an affidavit or procedure described in this
subsection and before the affidavit or procedure is used in an election,
the county election board shall file a copy of the affidavit or a brief
description of the procedure with the election division to assist the state
recount commission in conducting proceedings under IC 3-12-11.
(f) The voter may vote before the board not more than twenty-eight
(28) days nor later than noon on the day before election day. If the
close of a voter registration period is transferred under IC 3-5-4-1.5
from twenty-nine (29) days to a later date due to the Columbus Day
holiday, the voter may vote before the board on the first day following
the day on which the voter registration period closes.
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(g) An absent uniformed services voter who is eligible to vote by
absentee ballot in the circuit court clerk's office under IC 3-7-36-14
may vote before the board not earlier than twenty-eight (28) days
before the election and not later than noon on election day. If the close
of a voter registration period is transferred under IC 3-5-4-1.5 from
twenty-nine (29) days to a later date due to the Columbus Day holiday,
the voter may vote before the board on the first day following the day
on which the voter registration period closes. If a voter described by
this subsection wishes to cast an absentee ballot during the period
beginning at noon on the day before election day and ending at noon on
election day, the county election board or absentee voter board may
receive and process the ballot at a location designated by resolution of
the county election board.
(h) The absentee voter board in the office of the circuit court clerk
must permit voters to cast absentee ballots under this section for at
least seven (7) hours on each of the two (2) Saturdays preceding
election day. However, the county election board may adopt a
resolution authorizing the circuit court clerk to:
(1) use the office of the circuit court clerk designated in
subsection (a)(1); or
(2) establish a satellite office under section 26.3 of this chapter;
to permit voters to cast absentee ballots under this section for at least
four (4) hours on the third Saturday preceding election day.
(i) Notwithstanding subsection (h), in a county with a population of
less than twenty thousand (20,000), the absentee voter board in the
office of the circuit court clerk, with the approval of the county election
board, may reduce the number of hours available to cast absentee
ballots under this section to a minimum of four (4) hours on each of the
two (2) Saturdays preceding election day.
(j) As provided by 52 U.S.C. 21081, a voter casting an absentee
ballot under this section must be:
(1) permitted to verify in a private and independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correct
any error in a private and independent manner before the ballot is
cast and counted, including the opportunity to receive a
replacement ballot if the voter is otherwise unable to change or
correct the ballot; and
(3) notified before the ballot is cast regarding the effect of casting
multiple votes for the office and provided an opportunity to
correct the ballot before the ballot is cast and counted.
(k) As provided by 52 U.S.C. 21081, when an absentee ballot is
SEA 80 — CC 1
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provided under this section, the board must also provide the voter with:
(1) information concerning the effect of casting multiple votes for
an office; and
(2) instructions on how to correct the ballot before the ballot is
cast and counted, including the issuance of replacement ballots.
(l) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the board determines that the proof of
identification provided by the voter does not qualify as proof of
identification under IC 3-5-2-40.5; IC 3-5-2.1-84;
the voter shall be permitted to cast a provisional ballot.
(m) This subsection applies to a voter who casts an absentee ballot
that is treated as a provisional ballot under subsection (l). The board
shall provide the voter, both orally and in writing, an explanation of
what actions, if any, the voter must take in order to have the voter's
ballot counted. The election division shall prescribe the form of the
explanation required by this subsection.
(n) A voter casting an absentee ballot under this section is entitled
to cast the voter's ballot in accordance with IC 3-11-9.
(o) The following apply in a primary election:
(1) A voter entitled to cast an absentee ballot before an absentee
voter board under this section shall mark the voter's political party
ballot selection on the electronic poll book instead of
communicating the selection to the poll clerks.
(2) A voter casting an absentee ballot under this chapter may not
change the voter's choice of the voter's political party after the
voter has been mailed or otherwise provided with a primary ballot
containing the candidates of that party.
SECTION 28. IC 3-12-11-25, AS AMENDED BY P.L.233-2015,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 25. (a) Except as provided in subsection (b),
whenever the commission makes a final determination under section
18 of this chapter that the candidate who is subject to a contest
proceeding is not eligible to serve in the office to which the candidate
is nominated or elected, the candidate who received the second highest
number of votes for the office is entitled to a certificate of nomination
or certificate of election even though a certificate may have been issued
to another candidate upon the tabulation of the votes.
(b) This subsection applies to a contest proceeding for a state office
other than the offices of governor, lieutenant governor, justice of the
supreme court, judge of the court of appeals, and judge of the tax court.
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Whenever the commission makes a final determination under section
18(b) of this chapter that the candidate who is subject to a contest
proceeding is not eligible to serve in the office to which the candidate
is elected the following apply:
(1) This subdivision does not apply to the filling of a state office
following a contest proceeding or court action that resulted from
an election held before January 1, 2011. The office is considered
vacant, and the governor shall fill the vacancy as provided in
IC 3-13-4-3(e) by the appointment of a person of the same
political party as the candidate who is not eligible to serve.
(2) The commission's determination that the candidate is not
eligible to serve in the office does not affect the votes cast for the
candidate for purposes of determining the number or percentage
of votes cast for purposes of other statutes, including IC 3-5-2-30,
IC 3-5-2.1-62, IC 3-6-2-1, IC 3-6-4.1-6, IC 3-6-5.2-7, IC 3-6-6-8,
IC 3-6-7-1, IC 3-6-8-1, IC 3-8-4, IC 3-8-6, IC 3-10-1-2,
IC 3-10-2-15, IC 3-10-4-2, IC 3-10-6, IC 3-10-7-26, IC 3-11-2-6,
IC 3-11-13-11, IC 3-11-14-3.5, IC 3-13-9-4.5, IC 6-9-2-3, and
IC 36-4-1.5-2.
SECTION 29. IC 4-6-3-4, AS AMENDED BY P.L.80-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. An investigative demand shall contain the
following:
(1) A general description of the subject matter being investigated
and a statement of the applicable provisions of law.
(2) The date, time, and place at which the person is to appear,
answer written interrogatories, or produce documentary material
or other tangible items. The date shall not be less than ten (10)
days from the date of service of the demand. However, the
attorney general may demand and obtain immediate access to
records and materials if access is necessary for purposes of
investigating alleged violations relating to sales or solicited sales
of a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic
drug lookalike substance (as defined in IC 35-31.5-2-321.5
(before its repeal on July 1, 2019)), a controlled substance analog
(as defined in IC 35-48-1-9.3), IC 35-48-1.1-8), or a substance
represented to be a controlled substance (as described in
IC 35-48-4-4.6).
(3) Where the production of documents or other tangible items is
required, a description of those documents or items by class with
sufficient clarity so that they might be reasonably identified.
SECTION 30. IC 4-6-15-1, AS ADDED BY P.L.165-2021,
SEA 80 — CC 1
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SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
chapter:
(1) "Opioid" has the meaning set forth in IC 35-48-1-21.
IC 35-48-1.1-31.
(2) "Opioid litigation" means any civil lawsuit, demand, or
settlement, including any settlement in lieu of litigation, filed
against any opioid party for any cause of action filed for the
purpose of redressing the impact of the opioid epidemic to the
state or any political subdivision.
(3) "Opioid party" means any manufacturer, consultant, marketer,
distributor, prescriber, or dispenser of an opioid product.
(4) "Political subdivision" has the meaning set forth in
IC 34-6-2-110. IC 34-6-2.1-155.
SECTION 31. IC 4-15-17-1, AS ADDED BY P.L.229-2011,
SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b), this
chapter does not apply to the following:
(1) The state police department.
(2) A state educational institution (as defined in IC 21-7-13-32).
(3) A political subdivision (as defined in IC 3-5-2-38).
IC 3-5-2.1-79).
(b) Sections 8, 9, and 10 of this chapter apply to the state police
department.
SECTION 32. IC 4-15-17-3, AS AMENDED BY P.L.121-2016,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) As used in this chapter, "state" means any
of the following:
(1) A department, commission, division, authority, board, bureau,
or office of state government that exercises any executive powers.
(2) Any statewide elected official.
(3) A body corporate and politic of the state created by state
statute.
(b) The term does not include any of the following:
(1) The state police department.
(2) A state educational institution (as defined in IC 21-7-13-32).
(3) A political subdivision (as defined in IC 3-5-2-38).
IC 3-5-2.1-79).
(4) The ports of Indiana (established by IC 8-10-1-3).
(5) The northern Indiana commuter transportation district
(established under IC 8-5-15).
SECTION 33. IC 4-20.5-21-4, AS ADDED BY P.L.39-2022,
SEA 80 — CC 1
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SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) Subject to subsection (c), a document of
educational and historical significance with acknowledged religious
history may be displayed on property owned by the state, including the
following:
(1) The Mayflower Compact, written and adopted in 1620.
(2) The Declaration of Independence, adopted by the Continental
Congress on July 4, 1776.
(3) Articles I through VI of the Northwest Ordinance, enacted by
the Confederation Congress on July 13, 1787.
(4) Washington's Farewell Address, published September 19,
1796.
(b) A display of a document under subsection (a) may be
accompanied by a document entitled "Educational Documents for
Acknowledging America's Religious History" that reads as follows:
"Many historical documents pivotal to American law,
constitutionalism, and political theory have deep roots in religion.
Examples include the Mayflower Compact, the Declaration of
Independence, the Northwest Ordinance, and Washington's
Farewell Address, which collectively express the American ideals
of liberty, equality, personal responsibility, and the rule of law.
The purpose of this display is to help the general public
understand the role that religion has played in the legal history of
the United States and Indiana.".
(c) A document may be displayed under subsection (a) only if the
document is:
(1) donated;
(2) purchased with funds made available through voluntary
contributions to the department; or
(3) reprinted from a document donated or purchased as described
in subdivisions (1) and (2).
(d) Subject to the availability of documents, funds, and reprinted
documents as provided under subsection (c), the department shall,
upon the request of a:
(1) state office (as defined in IC 3-5-2-48); IC 3-5-2.1-97);
(2) clerk of court;
(3) judge; or
(4) legislative body (as defined in IC 36-1-2-9);
prepare and distribute to the state office, clerk of court, judge, or
legislative body a copy of a document listed in subsection (a)(1)
through (a)(4) for framing and display.
(e) The documents displayed under this section may be displayed in
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a public location with other historical documents.
SECTION 34. IC 4-29.5-10-5, AS ADDED BY P.L.171-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. Political donations. Any Band elected official,
any entity controlled or owned by the Band that operates a Gaming
Facility, or any officer of such entity may not make a contribution (as
defined in IC 3-5-2-15) IC 3-5-2.1-27) to a candidate or a committee
during the following periods: (1) the duration of this Compact; and (2)
the three (3) years following the final expiration or termination of this
Compact. The following definitions apply for purposes of this
subsection. A "candidate" means a candidate for a state office, a
candidate for a legislative office, or a candidate for a local office. A
"committee" means a candidate's committee, a regular party committee,
a committee organized by a legislative caucus of the house of the
general assembly, or a committee organized by a legislative caucus of
the senate of the general assembly.
SECTION 35. IC 4-30-3-19, AS AMENDED BY P.L.158-2013,
SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 19. (a) The definitions set forth in IC 3-5-2
IC 3-5-2.1 apply to this section.
(b) This subsection applies to contributions made after March 15,
1989, and before March 29, 1996. The commission or director may not
enter into a contract with a person to serve as a vendor for a major
procurement or to provide auditing services to the commission if the
person has made a contribution to a candidate for a state office within
the three (3) years preceding the award of the contract. A person that
enters into a contract with the commission as a vendor for a major
procurement or to provide auditing services may not make a
contribution to such a candidate during the three (3) years following
the last award or renewal of the contract. A person is considered to
have made a contribution if a contribution is made by:
(1) the person;
(2) an officer of the person; or
(3) a political action committee (as defined in IC 3-5-2-37)
IC 3-5-2.1-78) of the person.
(c) A person who knowingly or intentionally violates this section
commits a Level 6 felony.
SECTION 36. IC 4-30-3-19.5, AS AMENDED BY P.L.158-2013,
SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 19.5. (a) This section applies only to contributions
made after March 28, 1996.
(b) The definitions set forth in IC 3-5-2 IC 3-5-2.1 apply to this
SEA 80 — CC 1
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section.
(c) As used in this section, "candidate" refers only to a candidate for
a state office.
(d) As used in this section, "committee" refers to any of the
following:
(1) A candidate's committee.
(2) A regular party committee.
(3) A committee organized by a legislative caucus of the house of
the general assembly.
(4) A committee organized by a legislative caucus of the senate
of the general assembly.
(e) As used in this section, "contract" refers only to a contract with
the commission or the director for any of the following:
(1) A major procurement.
(2) Auditing services to the commission.
(f) As used in this section, "contractor" means a person who has a
contract with the commission or the director.
(g) As used in this section, "officer" refers only to either of the
following:
(1) An individual listed as an officer of a corporation in the
corporation's most recent annual report.
(2) An individual who is a successor to an individual described in
subdivision (1).
(h) A person is considered to have made a contribution under this
section if a contribution is made by any of the following:
(1) The person.
(2) An officer of the person.
(3) A political action committee of the person.
(i) A person may not enter into a contract if the person has made a
contribution to a candidate or a committee within the three (3) years
preceding the award of the contract.
(j) A contractor, an officer of a contractor, or a political action
committee of a contractor may not make a contribution to a candidate
or a committee while the contract is in effect and during the three (3)
years following the final expiration or termination of the contract.
(k) A person who knowingly or intentionally violates this section
commits a Level 6 felony.
SECTION 37. IC 4-30-3-19.7, AS AMENDED BY P.L.158-2013,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 19.7. (a) This section applies only to contributions
made after March 28, 1996.
(b) The definitions set forth in IC 3-5-2 IC 3-5-2.1 apply to this
SEA 80 — CC 1
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section.
(c) As used in this section, "candidate" refers only to the following:
(1) A candidate for a legislative office.
(2) A candidate for a local office.
(d) As used in this section, "committee" refers to any of the
following:
(1) A candidate's committee.
(2) A regular party committee.
(3) A committee organized by a legislative caucus of the house of
the general assembly.
(4) A committee organized by a legislative caucus of the senate
of the general assembly.
(e) As used in this section, "contract" refers only to a contract with
the commission or the director for any of the following:
(1) The printing of tickets to be used in a lottery game.
(2) Consultation services for operation of the lottery.
(3) Any goods and services involving any of the following:
(A) Equipment for the official recording for lottery game play
purposes of a player's selection in lottery games involving
player selections.
(B) The drawing, determination, or generation of winners in
lottery games.
(C) The security services required under this article.
(f) As used in this section, "contractor" refers to a person who has
a contract with the commission or the director.
(g) As used in this section, "officer" refers only to either of the
following:
(1) An individual listed as an officer of a corporation in the
corporation's most recent annual report.
(2) An individual who is a successor to an individual described in
subdivision (1).
(h) A person is considered to have made a contribution under this
section if a contribution is made by any of the following:
(1) The person.
(2) An officer of the person.
(3) A political action committee of the person.
(i) A person may not enter into a contract if the person has made a
contribution to a candidate or a committee within the three (3) years
preceding the award of the contract.
(j) A contractor, an officer of a contractor, or a political action
committee of a contractor may not make a contribution to a candidate
or a committee while the contract is in effect and during the three (3)
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years following the final expiration or termination of the contract.
(k) A person who knowingly or intentionally violates this section
commits a Level 6 felony.
SECTION 38. IC 4-31-13-3.5, AS AMENDED BY P.L.158-2013,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3.5. (a) The definitions in IC 3-5-2 IC 3-5-2.1
apply to this section to the extent they do not conflict with the
definitions in this article.
(b) This section applies only to contributions made after June 30,
1996.
(c) As used in this section, "candidate" refers to any of the
following:
(1) A candidate for a state office.
(2) A candidate for a legislative office.
(3) A candidate for a local office.
(d) As used in this section, "committee" refers to any of the
following:
(1) A candidate's committee.
(2) A regular party committee.
(3) A committee organized by a legislative caucus of the house of
the general assembly.
(4) A committee organized by a legislative caucus of the senate
of the general assembly.
(e) As used in this section, "officer" refers only to either of the
following:
(1) An individual listed as an officer of a corporation in the
corporation's most recent annual report.
(2) An individual who is a successor to an individual described in
subdivision (1).
(f) For purposes of this section, a person is considered to have an
interest in a permit holder if the person satisfies any of the following:
(1) The person holds at least a one percent (1%) interest in the
permit holder.
(2) The person is an officer of the permit holder.
(3) The person is an officer of a person that holds at least a one
percent (1%) interest in the permit holder.
(4) The person is a political action committee of the permit
holder.
(g) For purposes of this section, a permit holder is considered to
have made a contribution if a contribution is made by a person who has
an interest in the permit holder.
(h) A permit holder or a person with an interest in a permit holder
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may not make a contribution to a candidate or a committee during the
following periods:
(1) The term during which the permit holder holds a permit.
(2) The three (3) years following the final expiration or
termination of the permit holder's permit.
(i) A person who knowingly or intentionally violates this section
commits a Level 6 felony.
SECTION 39. IC 4-31-13-9, AS AMENDED BY P.L.158-2013,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. (a) The definitions in IC 3-5-2 IC 3-5-2.1 apply
to this section to the extent they do not conflict with the definitions in
this article.
(b) This section applies only to property given after June 30, 1996.
(c) As used in this section, "officer" refers only to either of the
following:
(1) An individual listed as an officer of a corporation in the
corporation's most recent annual report.
(2) An individual who is a successor to an individual described in
subdivision (1).
(d) For purposes of this section, a person is considered to have an
interest in a permit holder if the person satisfies any of the following:
(1) The person holds at least a one percent (1%) interest in the
permit holder.
(2) The person is an officer of the permit holder.
(3) The person is an officer of a person that holds at least a one
percent (1%) interest in the permit holder.
(4) The person is a political action committee of the permit
holder.
(e) A permit holder or a person with an interest in a permit holder
may not give any property (as defined in IC 35-31.5-2-253) to a
member of a precinct committee to induce the member of the precinct
committee to do any act or refrain from doing any act with respect to
the approval of a local public question under IC 4-31-4.
(f) A person who knowingly or intentionally violates this section
commits a Level 6 felony.
SECTION 40. IC 4-32.3-2-10, AS ADDED BY P.L.58-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) "Bona fide political organization" means
a party committee, association, fund, or other organization, whether
incorporated or not, organized and operated primarily for the purpose
of directly or indirectly accepting contributions or making
expenditures, or both, for an exempt function (as defined in Section
SEA 80 — CC 1
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527 of the Internal Revenue Code).
(b) The term does not include a candidate's committee (as defined
in IC 3-5-2-7). IC 3-5-2.1-17).
SECTION 41. IC 4-32.3-4-12, AS ADDED BY P.L.58-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. (a) With respect to any action authorized by
this section, a candidate's committee (as defined in IC 3-5-2-7)
IC 3-5-2.1-17) is considered a bona fide political organization.
(b) A candidate's committee may apply for a license to conduct a
raffle, but is prohibited from conducting any other kind of allowable
event.
(c) The members of a candidate's committee may conduct a raffle
without meeting the requirements of this article concerning the
membership of a qualified organization. A candidate's committee
licensed under this section must remain in good standing with the
election division or the county election board having jurisdiction over
the committee.
SECTION 42. IC 4-33-10-2.1, AS AMENDED BY P.L.158-2013,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2.1. (a) This section applies only to contributions
made after June 30, 1996.
(b) The definitions in IC 3-5-2 IC 3-5-2.1 apply to this section to the
extent they do not conflict with the definitions in this article.
(c) As used in this section, "candidate" refers to any of the
following:
(1) A candidate for a state office.
(2) A candidate for a legislative office.
(3) A candidate for a local office.
(d) As used in this section, "committee" refers to any of the
following:
(1) A candidate's committee.
(2) A regular party committee.
(3) A committee organized by a legislative caucus of the house of
the general assembly.
(4) A committee organized by a legislative caucus of the senate
of the general assembly.
(e) As used in this section, "license" means:
(1) an owner's license issued under this article;
(2) a supplier's license issued under this article to a supplier of
gaming supplies or equipment, including electronic gaming
equipment; or
(3) an operating agent contract issued under this article.
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(f) As used in this section, "licensee" means a person who holds a
license. The term includes an operating agent.
(g) As used in this section, "officer" refers only to either of the
following:
(1) An individual listed as an officer of a corporation in the
corporation's most recent annual report.
(2) An individual who is a successor to an individual described in
subdivision (1).
(h) For purposes of this section, a person is considered to have an
interest in a licensee if the person satisfies any of the following:
(1) The person holds at least a one percent (1%) interest in the
licensee.
(2) The person is an officer of the licensee.
(3) The person is an officer of a person that holds at least a one
percent (1%) interest in the licensee.
(4) The person is a political action committee of the licensee.
(i) A licensee is considered to have made a contribution if a
contribution is made by a person who has an interest in the licensee.
(j) A licensee or a person who has an interest in a licensee may not
make a contribution to a candidate or a committee during the following
periods:
(1) The term during which the licensee holds a license.
(2) The three (3) years following the final expiration or
termination of the licensee's license.
(k) A person who knowingly or intentionally violates this section
commits a Level 6 felony.
SECTION 43. IC 4-33-10-2.5, AS AMENDED BY P.L.293-2019,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2.5. (a) This section applies only to property given
after June 30, 1996.
(b) The definitions in IC 3-5-2 IC 3-5-2.1 apply to this section to the
extent they do not conflict with the definitions in this article.
(c) As used in this section, "license" means:
(1) an owner's license issued under this article;
(2) a supplier's license issued under this article to a supplier of
gaming supplies or equipment, including electronic gaming
equipment; or
(3) an operating agent contract entered into under this article.
(d) As used in this section, "licensee" means a person who holds a
license. The term includes an operating agent.
(e) As used in this section, "officer" refers only to either of the
following:
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(1) An individual listed as an officer of a corporation in the
corporation's most recent annual report.
(2) An individual who is a successor to an individual described in
subdivision (1).
(f) For purposes of this section, a person is considered to have an
interest in a licensee if the person satisfies any of the following:
(1) The person holds at least a one percent (1%) interest in the
licensee.
(2) The person is an officer of the licensee.
(3) The person is an officer of a person that holds at least a one
percent (1%) interest in the licensee.
(4) The person is a political action committee of the licensee.
(g) A licensee or a person with an interest in a licensee may not give
any property (as defined in IC 35-31.5-2-253) to a member of a
precinct committee to induce the member of the precinct committee to
do any act or refrain from doing any act with respect to the approval of
a local public question under IC 4-33-6-19 or IC 4-33-6-19.3.
(h) A person who knowingly or intentionally violates this section
commits a Level 6 felony.
SECTION 44. IC 4-35-7-13, AS AMENDED BY P.L.95-2008,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. (a) The definitions in IC 3-5-2 IC 3-5-2.1
apply to this section to the extent they do not conflict with the
definitions in this article.
(b) As used in this section, "candidate" refers to any of the
following:
(1) A candidate for a state office.
(2) A candidate for a legislative office.
(3) A candidate for a local office.
(c) As used in this section, "committee" refers to any of the
following:
(1) A candidate's committee.
(2) A regular party committee.
(3) A committee organized by a legislative caucus of the house of
the general assembly.
(4) A committee organized by a legislative caucus of the senate
of the general assembly.
(d) Money distributed to a horsemen's association under section 12
of this chapter may not be used for any of the following purposes:
(1) To make a contribution to a candidate or a committee.
(2) For lobbying (as defined in IC 2-7-1-9).
SECTION 45. IC 5-2-15-3, AS AMENDED BY P.L.30-2019,
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SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) As used in this section, "property" refers to
a:
(1) dwelling (as defined in IC 13-11-2-61.3);
(2) building;
(3) motor vehicle (as defined in IC 9-13-2-105(a));
(4) trailer (as defined in IC 9-13-2-184(b)); or
(5) watercraft (as defined by IC 9-13-2-198.5).
(b) A law enforcement agency that terminates the use of a property
in the illegal manufacture of a controlled substance (as defined in
IC 35-48-1-9) IC 35-48-1.1-7) shall report the existence and location
of the property to:
(1) the state police department;
(2) the local fire department that serves the area in which the
property is located; and
(3) the local health department in whose jurisdiction the property
is located;
on a form and in the manner prescribed by guidelines adopted by the
superintendent of the state police department under IC 10-11-2-31.
SECTION 46. IC 5-2-15-4, AS AMENDED BY P.L.1-2007,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. A law enforcement agency that discovers a
child less than eighteen (18) years of age at a site used for the illegal
manufacture of a controlled substance (as defined in IC 35-48-1-9)
IC 35-48-1.1-7) shall notify the department of child services.
SECTION 47. IC 5-3-5-3, AS ADDED BY P.L.152-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. As used in this chapter, "political subdivision"
has the meaning set forth in IC 3-5-2-38. IC 3-5-2.1-79. The term
includes any administration, agency, authority, board, bureau,
commission, committee, council, department, division, institution,
office, officer, service, or other similar body of a political subdivision
created or established under law.
SECTION 48. IC 5-8-1-38, AS AMENDED BY P.L.57-2015,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 38. (a) The following definitions apply throughout
this section:
(1) "Felony" has the meaning set forth in IC 3-8-1-5.
(2) "Public officer" means either of the following:
(A) An individual who holds an elected office (as defined in
IC 3-5-2-17), IC 3-5-2.1-34), other than a federal office.
(B) An individual who holds an appointed office of the state
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or a political subdivision (as defined in IC 36-1-2-13).
(b) Any public officer convicted of a felony during the public
officer's term of office shall:
(1) be removed from office by operation of law when:
(A) in a jury trial, a jury publicly announces a verdict against
the person for a felony;
(B) in a bench trial, the court publicly announces a verdict
against the person for a felony; or
(C) in a guilty plea hearing, the person pleads guilty or nolo
contendere to a felony; and
(2) not receive any salary or remuneration from the time the
public officer is removed from office under subdivision (1).
(c) The subsequent reduction of a felony to a Class A misdemeanor
under IC 35-50-2-7 or IC 35-38-1-1.5 after the:
(1) jury has announced its verdict against the person for a felony;
(2) court has announced its verdict against the person for a felony;
or
(3) person has pleaded guilty or nolo contendere to a felony;
does not affect the operation of subsection (b).
(d) If the conviction is:
(1) reversed;
(2) vacated;
(3) set aside;
(4) for a felony other than a felony arising out of an action taken
in the public officer's official capacity, reduced to a Class A
misdemeanor under IC 35-50-2-7 or IC 35-38-1-1.5; or
(5) not entered because the trial court did not accept the guilty
plea;
and the public officer's term has not expired, the public officer shall be
reinstated in office and receive any salary or other remuneration that
the public officer would have received had the public officer not been
removed from office.
(e) If the conviction is reversed, vacated, or set aside and the public
officer's term has expired, the public officer shall receive any salary or
other remuneration that the public officer would have received had the
public officer not been removed from office.
(f) A vacancy in a public office caused by the removal of a public
officer under this section shall be filled as provided by law. If a
convicted public officer is reinstated, the person filling the office
during the appeal shall cease to hold the office.
(g) This subsection applies whenever:
(1) a public officer is removed from office by operation of law
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under subsection (b); and
(2) a vacancy occurs in a state, county, township, city, or town
office as the result of the removal from office.
The court must file a certified copy of the sentencing order with the
person who is entitled under IC 5-8-6 to receive notice of the death of
an individual holding the office. The person receiving a copy of the
sentencing order must give notice of the vacancy in the same manner
as if the person had received a notice under IC 5-8-6. The person who
is required or permitted to fill the vacancy must comply with IC 3-13.
(h) This subsection applies if a public officer is reinstated in office
under subsection (d). The court must file a certified copy of the order
reversing, vacating, reducing, or setting aside the conviction with the
person who is entitled under IC 5-8-6 to receive notice of the death of
an individual holding the office. The person receiving a copy of the
order must give notice of the reinstatement in the same manner as
notice of a vacancy would be given under IC 5-8-6. The person
receiving a copy of the order must also give notice to the person who
was selected to fill the vacancy before the reinstatement occurred.
SECTION 49. IC 5-8-6-2, AS ADDED BY P.L.119-2005,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. As used in this chapter, "officeholder" refers to
a person who holds a state office, legislative office, local office, or
school board office (as those terms are defined in IC 3-5-2).
IC 3-5-2.1).
SECTION 50. IC 5-8-6-3, AS AMENDED BY P.L.227-2023,
SECTION 134, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3. (a) A person who knows of the
death of an officeholder may certify the death to the following:
(1) The governor, in the case of the death of any of the following:
(A) An individual who holds a state office (as defined in
IC 3-5-2-48). IC 3-5-2.1-97).
(B) An individual who is a judge of a circuit, superior, small
claims, probate, or city court.
(2) The secretary of state, in the case of the death of an individual
who holds a legislative office (as defined in IC-3-5-2-28).
IC 3-5-2.1-60).
(3) The circuit court clerk of the county in which the officeholder
resided, in the case of the death of an officeholder of a county,
city, town, township, or school corporation not covered under
subdivision (1).
(b) A person who certifies the death of an officeholder shall:
(1) state the information that causes the person to believe the
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officeholder has died; and
(2) certify, under the penalties for perjury, that to the best of the
person's knowledge and belief, the information stated is true.
SECTION 51. IC 5-8-6-4, AS ADDED BY P.L.119-2005,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. When the governor:
(1) obtains information concerning the death of an individual
who:
(A) holds a state office (as defined in IC 3-5-2-48);
IC 3-5-2.1-97); or
(B) is a judge of a circuit, superior, probate, county, or city
court; and
(2) is reasonably satisfied that the information described in
subdivision (1) is true;
the governor shall fill the vacancy as provided by law.
SECTION 52. IC 5-8-6-5, AS ADDED BY P.L.119-2005,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) When the secretary of state:
(1) obtains information concerning the death of an individual who
holds a legislative office (as defined in IC 3-5-2-28);
IC 3-5-2.1-60); and
(2) is reasonably satisfied that the information described in
subdivision (1) is true;
the secretary of state shall give notice of the death to the state chairman
of the political party that elected or selected the deceased individual.
(b) The secretary of state shall give the notice required by
subsection (a) not later than seventy-two (72) hours after the
requirements of subsection (a)(1) and (a)(2) are satisfied.
SECTION 53. IC 5-9-4-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1. (a) This chapter applies to a
person who:
(1) holds a state, legislative, local, or school board office (all as
defined in IC 3-5-2); IC 3-5-2.1);
(2) is called into active duty in the:
(A) armed forces of the United States; or
(B) the national guard; and
(3) may not appoint a deputy under IC 5-6-2.
(b) This chapter may not be applied in violation of Article 2, Section
9 of the Constitution of the State of Indiana.
SECTION 54. IC 5-9-4-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 5. As used in this chapter,
"officeholder" refers to a person who holds a state, legislative, local, or
SEA 80 — CC 1
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school board office (all as defined in IC 3-5-2). IC 3-5-2.1).
SECTION 55. IC 5-10-8-7, AS AMENDED BY P.L.119-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) The state, excluding state educational
institutions, may not purchase or maintain a policy of group insurance,
except:
(1) life insurance for the state's employees;
(2) long term care insurance under a long term care insurance
policy (as defined in IC 27-8-12-5), for the state's employees; or
(3) an insurance policy that provides coverage that supplements
coverage provided under a United States military health care plan.
(b) With the consent of the governor, the state personnel department
may establish self-insurance programs to provide group insurance other
than life or long term care insurance for state employees and retired
state employees. The state personnel department may contract with a
private agency, business firm, limited liability company, or corporation
for administrative services. A commission may not be paid for the
placement of the contract. The department may require, as part of a
contract for administrative services, that the provider of the
administrative services offer to an employee terminating state
employment the option to purchase, without evidence of insurability,
an individual policy of insurance.
(c) Notwithstanding subsection (a), with the consent of the
governor, the state personnel department may contract for health
services for state employees through one (1) or more prepaid health
care delivery plans.
(d) The state personnel department shall adopt rules under IC 4-22-2
to establish long term and short term disability plans for state
employees (except employees who hold elected offices (as defined by
IC 3-5-2-17)). IC 3-5-2.1-34)). The plans adopted under this
subsection may include any provisions the department considers
necessary and proper and must:
(1) require participation in the plan by employees with six (6)
months of continuous, full-time service;
(2) require an employee to make a contribution to the plan in the
form of a payroll deduction;
(3) require that an employee's benefits under the short term
disability plan be subject to a thirty (30) day elimination period
and that benefits under the long term plan be subject to a six (6)
month elimination period;
(4) prohibit the termination of an employee who is eligible for
benefits under the plan;
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(5) except as provided in section 25 of this chapter, provide, after
a seven (7) day elimination period, eighty percent (80%) of base
biweekly wages for an employee disabled by injuries resulting
from tortious acts, as distinguished from passive negligence, that
occur within the employee's scope of state employment;
(6) provide that an employee's benefits under the plan may be
reduced, dollar for dollar, if the employee derives income from:
(A) Social Security;
(B) the public employees' retirement fund;
(C) the Indiana state teachers' retirement fund;
(D) pension disability;
(E) worker's compensation;
(F) benefits provided from another employer's group plan; or
(G) remuneration for employment entered into after the
disability was incurred.
(The department of state revenue and the department of workforce
development shall cooperate with the state personnel department
to confirm that an employee has disclosed complete and accurate
information necessary to administer this subdivision.);
(7) provide that an employee will not receive benefits under the
plan for a disability resulting from causes specified in the rules;
and
(8) provide that, if an employee refuses to:
(A) accept work assignments appropriate to the employee's
medical condition;
(B) submit information necessary for claim administration; or
(C) submit to examinations by designated physicians;
the employee forfeits benefits under the plan.
(e) This section does not affect insurance for retirees under
IC 5-10.3 or IC 5-10.4.
(f) The state may pay part of the cost of self-insurance or prepaid
health care delivery plans for its employees.
(g) A state agency may not provide any insurance benefits to its
employees that are not generally available to other state employees,
unless specifically authorized by law.
(h) The state may pay a part of the cost of group medical and life
coverage for its employees.
(i) To carry out the purposes of this section, a trust fund may be
established. The trust fund established under this subsection is
considered a trust fund for purposes of IC 4-9.1-1-7. Money may not be
transferred, assigned, or otherwise removed from the trust fund
established under this subsection by the state board of finance, the
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budget agency, or any other state agency. Money in a trust fund
established under this subsection does not revert to the state general
fund at the end of any state fiscal year. The trust fund established under
this subsection consists of appropriations, revenues, or transfers to the
trust fund under IC 4-12-1. Contributions to the trust fund are
irrevocable. The trust fund must be limited to providing prefunding of
annual required contributions and to cover OPEB liability for covered
individuals. Funds may be used only for these purposes and not to
increase benefits or reduce premiums. The trust fund shall be
established to comply with and be administered in a manner that
satisfies the Internal Revenue Code requirements concerning a trust
fund for prefunding annual required contributions and for covering
OPEB liability for covered individuals. All assets in the trust fund
established under this subsection:
(1) are dedicated exclusively to providing benefits to covered
individuals and their beneficiaries according to the terms of the
health plan; and
(2) are exempt from levy, sale, garnishment, attachment, or other
legal process.
The trust fund established under this subsection shall be administered
by the state personnel department. The expenses of administering the
trust fund shall be paid from money in the trust fund. Notwithstanding
IC 5-13, the treasurer of state shall invest the money in the trust fund
not currently needed to meet the obligations of the trust fund in the
same manner as money may be invested by the public employees'
retirement fund under IC 5-10.3-5. However, the trustee may not invest
the money in the trust in equity securities. The trustee shall also comply
with the prudent investor rule set forth in IC 30-4-3.5. The trustee may
contract with investment management professionals, investment
advisors, and legal counsel to assist in the investment of the trust and
may pay the state expenses incurred under those contracts from the
trust. Interest that accrues from these investments shall be deposited in
the trust fund.
(j) Nothing in this section prohibits the state personnel department
from directly contracting with health care providers for health care
services for state employees.
SECTION 56. IC 5-10.5-2-4, AS AMENDED BY P.L.100-2012,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. For purposes of IC 34-13-2, IC 34-13-3, and
IC 34-13-4, the board, the system, and all employees of the board or the
system are public employees (as defined in IC 34-6-2-38).
IC 34-6-2.1-54).
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SECTION 57. IC 5-14-1.5-2, AS AMENDED BY P.L.171-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. For the purposes of this chapter:
(a) "Public agency", except as provided in section 2.1 of this
chapter, means the following:
(1) Any board, commission, department, agency, authority, or
other entity, by whatever name designated, exercising a portion of
the executive, administrative, or legislative power of the state.
(2) Any county, township, school corporation, city, town, political
subdivision, or other entity, by whatever name designated,
exercising in a limited geographical area the executive,
administrative, or legislative power of the state or a delegated
local governmental power.
(3) Any entity which is subject to either:
(A) budget review by either the department of local
government finance or the governing body of a county, city,
town, township, or school corporation; or
(B) audit by the state board of accounts that is required by
statute, rule, or regulation.
(4) Any building corporation of a political subdivision of the state
of Indiana that issues bonds for the purpose of constructing public
facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the committees
of any such staff.
(6) The Indiana gaming commission established by IC 4-33,
including any department, division, or office of the commission.
(7) The Indiana horse racing commission established by IC 4-31,
including any department, division, or office of the commission.
(b) "Governing body" means two (2) or more individuals who are
any of the following:
(1) A public agency that:
(A) is a board, a commission, an authority, a council, a
committee, a body, or other entity; and
(B) takes official action on public business.
(2) The board, commission, council, or other body of a public
agency which takes official action upon public business.
(3) Any committee appointed directly by the governing body or
its presiding officer to which authority to take official action upon
public business has been delegated. However, the following do
not constitute a governing body for purposes of this chapter:
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(A) An agent or agents appointed by the governing body to
conduct collective bargaining on behalf of the governing body.
(B) A committee appointed directly by the governing body or
a designee of the governing body:
(i) for the sole purpose of receiving information,
deliberating, or making recommendations to the governing
body; and
(ii) that has not more than one (1) member of the governing
body as a member.
(c) "Meeting" means a gathering of a majority of the governing body
of a public agency for the purpose of taking official action upon public
business. It does not include any of the following:
(1) Any social or chance gathering not intended to avoid this
chapter.
(2) Any on-site inspection of any:
(A) project;
(B) program; or
(C) facilities of applicants for incentives or assistance from the
governing body.
(3) Traveling to and attending meetings of organizations devoted
to betterment of government.
(4) A caucus.
(5) A gathering to discuss an industrial or a commercial prospect
that does not include a conclusion as to recommendations, policy,
decisions, or final action on the terms of a request or an offer of
public financial resources.
(6) An orientation of members of the governing body on their role
and responsibilities as public officials, but not for any other
official action.
(7) A gathering for the sole purpose of administering an oath of
office to an individual.
(8) Collective bargaining discussions that the governing body of
a school corporation engages in directly with bargaining
adversaries. This subdivision applies only to a governing body
that has not appointed an agent or agents to conduct collective
bargaining on behalf of the governing body as described in
subsection (b)(3).
(d) "Official action" means to:
(1) receive information;
(2) deliberate;
(3) make recommendations;
(4) establish policy;
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(5) make decisions; or
(6) take final action.
(e) "Public business" means any function upon which the public
agency is empowered or authorized to take official action.
(f) "Executive session" means a meeting from which the public is
excluded, except the governing body may admit those persons
necessary to carry out its purpose. The governing body may also admit
an individual who has been elected to the governing body but has not
been sworn in as a member of the governing body.
(g) "Final action" means a vote by the governing body on any
motion, proposal, resolution, rule, regulation, ordinance, or order.
(h) "Caucus" means a gathering of members of a political party or
coalition which is held for purposes of planning political strategy and
holding discussions designed to prepare the members for taking official
action.
(i) "Deliberate" means a discussion which may reasonably be
expected to result in official action (defined under subsection (d)(3),
(d)(4), (d)(5), or (d)(6)).
(j) "News media" means all newspapers qualified to receive legal
advertisements under IC 5-3-1, all news services (as defined in
IC 34-6-2-87), IC 34-6-2.1-131), and all licensed commercial or public
radio or television stations.
(k) "Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
governmental entity.
(l) "State educational institution" has the meaning set forth in
IC 21-7-13-32.
(m) "Charter school" has the meaning set forth in IC 20-24-1-4).
The term includes a virtual charter school (as defined in
IC 20-24-1-10).
SECTION 58. IC 5-16-11-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) As used in this
chapter, "consultant" means an individual who, under a contract with
the state or a political subdivision, does either of the following for the
state or the political subdivision:
(1) Evaluates bids for contracts.
(2) Awards contracts.
The term does not include a public employee (as defined in
IC 34-6-2-38). IC 34-6-2.1-54).
(b) An individual is not required to be a party to the contract with
the state or the political subdivision to be a consultant under this
section.
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SECTION 59. IC 5-26.5-2-5, AS AMENDED BY P.L.271-2013,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The definitions set forth in IC 3-5-2
IC 3-5-2.1 apply to this section.
(b) A program participant who is otherwise qualified to vote may
apply to vote as provided in IC 3-7. The residence address of a program
participant shall be recorded in the computerized system as set forth in
the voter registration application. However, the voter registration
application of the program participant is confidential, and the name and
residence address of the program participant shall not be printed on any
poll list or made available through any electronic poll list provided to
precinct election officers.
(c) The program participant may vote in person at the office of the
county election board or may vote absentee by mail. The absentee
ballot application of a program participant is confidential. The program
participant's mailing address shall be recorded in the computerized
system as the address of the office of the attorney general. Except as
provided in this section, IC 3-11-4-6 applies to a program participant
who wishes to vote by absentee ballot.
SECTION 60. IC 5-28-4-2, AS AMENDED BY P.L.237-2017,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) The board is composed of the following
members, none of whom may be members of the general assembly:
(1) The governor.
(2) Eleven (11) individuals appointed by the governor.
(3) The members (if any) appointed by the governor under
subsection (c).
The individuals appointed under subdivision (2) and the individuals
appointed under subsection (c) must be employed in or retired from the
private or nonprofit sector or academia.
(b) When making appointments under subsection (a)(2), the
governor shall appoint the following:
(1) At least five (5) members belonging to the same political party
as the governor.
(2) At least three (3) members who belong to a major political
party (as defined in IC 3-5-2-30) IC 3-5-2.1-62) other than the
party of which the governor is a member.
(c) In addition to the members appointed under subsection (a)(2),
the governor may appoint not more than three (3) additional members
to the board. If the governor appoints more than one (1) additional
member to the board under this subsection, at least one (1) of the
additional members must belong to a major political party (as defined
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in IC 3-5-2-30) IC 3-5-2.1-62) other than the party of which the
governor is a member.
SECTION 61. IC 5-28-5-7, AS ADDED BY P.L.4-2005, SECTION
34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2025]: Sec. 7. For purposes of IC 34-13-2, IC 34-13-3, and IC 34-13-4,
the board and the employees of the corporation are public employees
(as defined in IC 34-6-2-38). IC 34-6-2.1-54).
SECTION 62. IC 5-33-5-7, AS ADDED BY P.L.78-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. For purposes of IC 34-13-2, IC 34-13-3, and
IC 34-13-4, the board and the employees of the corporation are public
employees (as defined in IC 34-6-2-38). IC 34-6-2.1-54).
SECTION 63. IC 6-1.1-20-1.8, AS AMENDED BY P.L.170-2019,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1.8. As used in this chapter, "county voter
registration office" means the following:
(1) A board of registration established under IC 3-7-12 or by a
county executive acting under IC 3-7-12.
(2) A board of elections and registration (as defined in
IC 3-5-2-5.3). IC 3-5-2.1-12).
(3) The office of the circuit court clerk of a county in which a
board has not been established as described in subdivision (1) or
(2).
SECTION 64. IC 6-1.5-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. "Major political
party" has the meaning set forth in IC 3-5-2-30. IC 3-5-2.1-62.
SECTION 65. IC 6-2.5-8-7, AS AMENDED BY P.L.118-2024,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) The department may, for good cause, revoke
a certificate issued under this chapter. However, the department must
give the certificate holder at least five (5) days notice before it revokes
the certificate under this subsection. Good cause for revocation may
include the following:
(1) Failure to:
(A) file a return required under this chapter or for any tax
collected for the state in trust; or
(B) remit any tax collected for the state in trust.
(2) Being charged with a violation of any provision under IC 35.
(3) Being subject to a court order under IC 7.1-2-6-7,
IC 32-30-6-8, IC 32-30-7, or IC 32-30-8.
(4) Being charged with a violation of IC 23-15-12.
(5) The certificate holder or an officer, a director, a manager, or
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a partner of the certificate holder has been convicted for an
offense under IC 35-48-4 and the conviction involved the sale of
or the offer to sell, in the normal course of business, a synthetic
drug (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
substance (as defined in IC 35-31.5-2-321.5 (before its repeal on
July 1, 2019)), a controlled substance analog (as defined in
IC 35-48-1-9.3), IC 35-48-1.1-8), or a substance represented to
be a controlled substance (as described in IC 35-48-4-4.6) by a
retail merchant in a place of business for which the retail
merchant has been issued a registered retail merchant's certificate
under this chapter.
(6) The certificate holder or an officer, a director, a manager, or
a partner of the certificate holder has a judgment for a violation
of IC 35-48-4-10.5 (before its repeal on July 1, 2019) as an
infraction and the violation involved the sale of or the offer to
sell, in the normal course of business, a synthetic drug or a
synthetic drug lookalike substance by a retail merchant in a place
of business for which the retail merchant has been issued a
registered retail merchant's certificate under this chapter.
(7) The certificate holder or an officer, a director, a manager, or
a partner of the certificate holder has been convicted for an
offense under IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4.
(8) The retail merchant has defaulted on a payment plan for a
listed tax that was entered into prior to the date of the most recent
renewal of its retail merchant's certificate.
The department may revoke a certificate under subdivision (2) before
a criminal adjudication or without a criminal charge being filed. If the
department gives notice of an intent to revoke based on an alleged
violation of subdivision (2), the department shall hold a public hearing
to determine whether good cause exists. A person that has a certificate
revoked pursuant to subdivision (2), (5), (6), or (7) must wait one (1)
year from the date of the revocation before reapplying for a certificate.
The department may issue the certificate upon reapplication or hold a
hearing to determine whether good cause exists for denying the
application for a certificate.
(b) The department may revoke a certificate issued under this
chapter if, for a period of six (6) months, the certificate holder fails to:
(1) file the returns required by IC 6-2.5-6-1; or
(2) report the collection of any state gross retail or use tax on the
returns filed under IC 6-2.5-6-1.
However, the department must give the certificate holder at least five
(5) days notice before it revokes the certificate.
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(c) The department may, for good cause, revoke a certificate issued
under this chapter after at least five (5) days notice to the certificate
holder if:
(1) the certificate holder is subject to an innkeeper's tax under
IC 6-9; and
(2) a board, bureau, or commission established under IC 6-9 files
a written statement with the department.
(d) The statement filed under subsection (c) must state that:
(1) information obtained by the board, bureau, or commission
under IC 6-8.1-7-1 indicates that the certificate holder has not
complied with IC 6-9; and
(2) the board, bureau, or commission has determined that
significant harm will result to the county from the certificate
holder's failure to comply with IC 6-9.
(e) The department may revoke a certificate issued under this
chapter after at least five (5) days notice to the certificate holder if:
(1) the certificate holder owes taxes, penalties, fines, interest, or
costs due under IC 6-1.1 that remain unpaid at least sixty (60)
days after the due date under IC 6-1.1; and
(2) the treasurer of the county to which the taxes are due requests
the department to revoke the certificate.
(f) The department shall reinstate a certificate suspended under
subsection (e) if the taxes and any penalties due under IC 6-1.1 are paid
or the county treasurer requests the department to reinstate the
certificate because an agreement for the payment of taxes and any
penalties due under IC 6-1.1 has been reached to the satisfaction of the
county treasurer.
(g) If a person makes a payment for the certificate under this chapter
with a check, credit card, debit card, or electronic funds transfer, and
the department is unable to obtain payment of the check, credit card,
debit card, or electronic funds transfer for its full face amount when the
check, credit card, debit card, or electronic funds transfer is presented
for payment through normal banking channels, the department shall
notify the person by mail that the check, credit card, debit card, or
electronic funds transfer was not honored and that the person has five
(5) days after the notice is mailed to pay the fee in cash, by certified
check, or other guaranteed payment. If the person fails to make the
payment within the five (5) day period, the department shall revoke the
certificate.
SECTION 66. IC 6-3-2-3.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3.1. (a) Except as
otherwise provided in subsection (b), income is not exempt from the
SEA 80 — CC 1
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adjusted gross income tax under section 2.8(1) of this chapter if the
income is derived by the exempt organization from an unrelated trade
or business, as defined in Section 513 of the Internal Revenue Code.
(b) This section does not apply to:
(1) the United States government;
(2) an agency or instrumentality of the United States government;
(3) this state;
(4) a state agency, as defined in IC 34-6-2-141; IC 34-6-2.1-194;
(5) a political subdivision, as defined in IC 34-6-2-110;
IC 34-6-2.1-155; or
(6) a county solid waste management district or a joint solid waste
management district established under IC 13-21 or IC 13-9.5-2
(before its repeal).
SECTION 67. IC 6-3-4-8, AS AMENDED BY P.L.194-2023,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) Except as provided in IC 6-3-2-27.5 and
subsection (d), every employer making payments of wages subject to
tax under this article, regardless of the place where such payment is
made, who is required under the provisions of the Internal Revenue
Code to withhold, collect, and pay over income tax on wages paid by
such employer to such employee, shall, at the time of payment of such
wages, deduct and retain therefrom the amount prescribed in
withholding instructions issued by the department. The department
shall base its withholding instructions on the adjusted gross income tax
rate for persons, on the total local income tax rate that the taxpayer is
subject to under IC 6-3.6, and on the total amount of exclusions the
taxpayer is entitled to under IC 6-3-1-3.5(a)(3) and IC 6-3-1-3.5(a)(4).
However, the withholding instructions on the adjusted gross income of
a nonresident alien (as defined in Section 7701 of the Internal Revenue
Code) are to be based on applying not more than one (1) withholding
exclusion, regardless of the total number of exclusions that
IC 6-3-1-3.5(a)(3) and IC 6-3-1-3.5(a)(4) permit the taxpayer to apply
on the taxpayer's final return for the taxable year. Such employer
making payments of any wages:
(1) shall be liable to the state of Indiana for the payment of the tax
required to be deducted and withheld under this section and shall
not be liable to any individual for the amount deducted from the
individual's wages and paid over in compliance or intended
compliance with this section; and
(2) shall make return of and payment to the department monthly
of the amount of tax which under this article and IC 6-3.6 the
employer is required to withhold.
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(b) An employer shall pay taxes withheld under subsection (a)
during a particular month to the department no later than thirty (30)
days after the end of that month. However, in place of monthly
reporting periods, the department may permit an employer to report and
pay the tax for a calendar year reporting period, if the average monthly
amount of all tax required to be withheld by the employer in the
previous calendar year does not exceed one thousand dollars ($1,000).
An employer using a reporting period (other than a monthly reporting
period) must file the employer's return and pay the tax for a reporting
period no later than the last day of the month immediately following
the close of the reporting period.
(c) For purposes of determining whether an employee is subject to
taxation under IC 6-3.6, an employer is entitled to rely on the statement
of an employee as to the employee's county of residence as represented
by the statement of address in forms claiming exemptions for purposes
of withholding, regardless of when the employee supplied the forms.
Every employee shall notify the employee's employer within five (5)
days after any change in the employee's county of residence.
(d) A county that makes payments of wages subject to tax under this
article:
(1) to a precinct election officer (as defined in IC 3-5-2-40.1);
IC 3-5-2.1-82); and
(2) for the performance of the duties of the precinct election
officer imposed by IC 3 that are performed on election day;
is not required, at the time of payment of the wages, to deduct and
retain from the wages the amount prescribed in withholding
instructions issued by the department.
(e) Every employer shall, at the time of each payment made by the
employer to the department, deliver to the department a return upon the
form prescribed by the department showing, with regard to wages paid
to the employer's employees:
(1) the amount of adjusted gross income tax deducted therefrom
in accordance with the provisions of this section;
(2) the amount of income tax, if any, imposed under IC 6-3.6 and
deducted therefrom in accordance with this section; and
(3) any other information the department may require.
Every employer making a declaration of withholding as provided in this
section shall furnish the employer's employees annually, but not later
than thirty (30) days after the end of the calendar year, a record of the
total amount of adjusted gross income tax and the amount of each
income tax, if any, imposed under IC 6-3.6, withheld from the
employees, on the forms prescribed by the department. In addition, the
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employer shall file Form WH-3 annual withholding tax reports with the
department not later than thirty-one (31) days after the end of the
calendar year.
(f) All money deducted and withheld by an employer shall
immediately upon such deduction be the money of the state, and every
employer who deducts and retains any amount of money under the
provisions of this article shall hold the same in trust for the state of
Indiana and for payment thereof to the department in the manner and
at the times provided in this article. Any employer may be required to
post a surety bond in the sum the department determines to be
appropriate to protect the state with respect to money withheld pursuant
to this section.
(g) The provisions of IC 6-8.1 relating to additions to tax in case of
delinquency and penalties shall apply to employers subject to the
provisions of this section, and for these purposes any amount deducted
or required to be deducted and remitted to the department under this
section shall be considered to be the tax of the employer, and with
respect to such amount the employer shall be considered the taxpayer.
In the case of a corporate or partnership employer, every officer,
employee, or member of such employer, who, as such officer,
employee, or member is under a duty to deduct and remit such taxes,
shall be personally liable for such taxes, penalties, and interest.
(h) Amounts deducted from wages of an employee during any
calendar year in accordance with the provisions of this section shall be
considered to be in part payment of the tax imposed on such employee
for the employee's taxable year which begins in such calendar year, and
a return made by the employer under subsection (b) shall be accepted
by the department as evidence in favor of the employee of the amount
so deducted from the employee's wages. Where the total amount so
deducted exceeds the amount of tax on the employee as computed
under this article and IC 6-3.6, the department shall, after examining
the return or returns filed by the employee in accordance with this
article and IC 6-3.6, refund the amount of the excess deduction.
However, under rules promulgated by the department, the excess or any
part thereof may be applied to any taxes or other claim due from the
taxpayer to the state of Indiana or any subdivision thereof. In the event
that the excess tax deducted is less than one dollar ($1), no refund shall
be made.
(i) This section shall in no way relieve any taxpayer from the
taxpayer's obligation of filing a return or returns at the time required
under this article and IC 6-3.6, and, should the amount withheld under
the provisions of this section be insufficient to pay the total tax of such
SEA 80 — CC 1
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taxpayer, such unpaid tax shall be paid at the time prescribed by
section 5 of this chapter.
(j) Notwithstanding subsection (b), an employer of a domestic
service employee that enters into an agreement with the domestic
service employee to withhold federal income tax under Section 3402
of the Internal Revenue Code may withhold Indiana income tax on the
domestic service employee's wages on the employer's Indiana
individual income tax return in the same manner as allowed by Section
3510 of the Internal Revenue Code.
(k) To the extent allowed by Section 1137 of the Social Security
Act, an employer of a domestic service employee may report and remit
state unemployment insurance contributions on the employee's wages
on the employer's Indiana individual income tax return in the same
manner as allowed by Section 3510 of the Internal Revenue Code.
(l) A person who knowingly fails to remit trust fund money as set
forth in this section commits a Level 6 felony.
SECTION 68. IC 6-3.5-5-1, AS AMENDED BY P.L.256-2017,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
chapter:
(1) "Adopting entity" means either the county council or the local
income tax council established by IC 6-3.6-3-1 for the county,
whichever adopts an ordinance to impose a wheel tax first.
(2) "Bus" has the meaning set forth in IC 9-13-2-17.
(3) "Commercial vehicle" has the meaning set forth in
IC 6-6-5.5-1(b).
(4) "County council" includes the city-county council of a county
that contains a consolidated city of the first class.
(5) "In-state miles" has the meaning set forth in IC 6-6-5.5-1(b).
(6) "Political subdivision" has the meaning set forth in
IC 34-6-2-110. IC 34-6-2.1-155.
(7) "Recreational vehicle" has the meaning set forth in
IC 9-13-2-150.
(8) "School bus" has the meaning set forth in IC 9-13-2-161(a).
(9) "Semitrailer" has the meaning set forth in IC 9-13-2-164(a).
(10) "State agency" has the meaning set forth in IC 34-6-2-141.
IC 34-6-2.1-194.
(11) "Tractor" has the meaning set forth in IC 9-13-2-180.
(12) "Trailer" has the meaning set forth in IC 9-13-2-184(a).
(13) "Transportation asset management plan" includes planning
for drainage systems and rights-of-way that affect transportation
assets.
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(14) "Truck" has the meaning set forth in IC 9-13-2-188(a).
(15) "Wheel tax" means the tax imposed under this chapter.
SECTION 69. IC 6-3.5-11-1, AS AMENDED BY P.L.86-2018,
SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
chapter:
(1) "Adopting municipality" means an eligible municipality that
has adopted the wheel tax.
(2) "Branch office" means a branch office of the bureau of motor
vehicles.
(3) "Bus" has the meaning set forth in IC 9-13-2-17.
(4) "Commercial vehicle" has the meaning set forth in
IC 6-6-5.5-1(b).
(5) "Department" refers to the department of state revenue.
(6) "Eligible municipality" means a municipality having a
population of at least five thousand (5,000).
(7) "In-state miles" has the meaning set forth in IC 6-6-5.5-1(b).
(8) "Political subdivision" has the meaning set forth in
IC 34-6-2-110. IC 34-6-2.1-155.
(9) "Recreational vehicle" has the meaning set forth in
IC 9-13-2-150.
(10) "School bus" has the meaning set forth in IC 9-13-2-161(a).
(11) "Semitrailer" has the meaning set forth in IC 9-13-2-164(a).
(12) "State agency" has the meaning set forth in IC 34-6-2-141.
IC 34-6-2.1-194.
(13) "Tractor" has the meaning set forth in IC 9-13-2-180.
(14) "Trailer" has the meaning set forth in IC 9-13-2-184(a).
(15) "Transportation asset management plan" includes planning
for drainage systems and rights-of-way that affect transportation
assets.
(16) "Truck" has the meaning set forth in IC 9-13-2-188(a).
(17) "Wheel tax" means the tax imposed under this chapter.
SECTION 70. IC 6-7-3-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this chapter,
"controlled substance" has the meaning set forth in IC 35-48-1-9.
IC 35-48-1.1-7.
SECTION 71. IC 6-7-3-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2. As used in this chapter,
"delivery" has the meaning set forth in IC 35-48-1-11. IC 35-48-1.1-10.
SECTION 72. IC 6-7-3-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4. As used in this chapter,
"manufacture" has the meaning set forth in IC 35-48-1-18.
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IC 35-48-1.1-28.
SECTION 73. IC 6-7-3-4.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4.1. As used in this
chapter, "marijuana" has the meaning set forth in IC 35-48-1-19.
IC 35-48-1.1-29.
SECTION 74. IC 6-8.1-16.3-1, AS ADDED BY P.L.147-2018,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. The following terms are defined for this
chapter:
(1) "Pilot program" means the department of state revenue pilot
program established by section 2 of this chapter.
(2) "Public employee" has the meaning set forth in IC 34-6-2-38.
IC 34-6-2.1-54.
SECTION 75. IC 7.1-5-1-3, AS AMENDED BY P.L.117-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) Subject to section 6.5 of this chapter, it is a
Class B misdemeanor for a person to be in a public place or a place of
public resort in a state of intoxication caused by the person's use of
alcohol or a controlled substance (as defined in IC 35-48-1-9),
IC 35-48-1.1-7), if the person:
(1) endangers the person's life;
(2) endangers the life of another person;
(3) breaches the peace or is in imminent danger of breaching the
peace; or
(4) harasses, annoys, or alarms another person.
(b) A person may not initiate or maintain an action against a law
enforcement officer based on the officer's failure to enforce this
section.
SECTION 76. IC 7.1-5-1-6, AS AMENDED BY P.L.32-2019,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) Subject to section 6.5 of this chapter, it is a
Class C infraction for a person to be, or to become, intoxicated as a
result of the person's use of alcohol or a controlled substance (as
defined in IC 35-48-1-9) IC 35-48-1.1-7) in or upon a vehicle
commonly used for the public transportation of passengers, or in or
upon a common carrier, or in or about a depot, station, airport, ticket
office, waiting room or platform, if the person:
(1) endangers the person's life;
(2) endangers the life of another person;
(3) breaches the peace or is in imminent danger of breaching the
peace; or
(4) harasses, annoys, or alarms another person.
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However, the violation is a Class B misdemeanor if the violation is
committed knowingly or intentionally and the person has a prior
unrelated adjudication or conviction for a violation of this section
within the previous five (5) years.
(b) A person may not initiate or maintain an action against a law
enforcement officer based on the officer's failure to enforce this
section.
SECTION 77. IC 7.1-5-12-5, AS AMENDED BY P.L.145-2024,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) Except as provided in subsection (c) and
subject to section 13 of this chapter, smoking may be allowed in the
following:
(1) A horse racing facility operated under a permit under
IC 4-31-5 and any other permanent structure on land owned or
leased by the owner of the facility that is adjacent to the facility.
(2) A riverboat (as defined in IC 4-33-2-17) and any other
permanent structure that is:
(A) owned or leased by the owner of the riverboat; and
(B) located on land that is adjacent to:
(i) the dock to which the riverboat is moored; or
(ii) the land on which the riverboat is situated in the case of
a riverboat described in IC 4-33-2-17(2).
(3) A facility that operates under a gambling game license under
IC 4-35-5 and any other permanent structure on land owned or
leased by the owner of the facility that is adjacent to the facility.
(4) A satellite facility licensed under IC 4-31-5.5.
(5) An establishment owned or leased by a business that meets the
following requirements:
(A) The business was in business and permitted smoking on
December 31, 2012.
(B) The business prohibits entry by an individual who is less
than twenty-one (21) years of age.
(C) The owner or operator of the business holds a beer, liquor,
or wine retailer's permit.
(D) The business limits smoking in the establishment to
smoking with a waterpipe or hookah device.
(E) During the preceding calendar year, at least ten percent
(10%) of the business's annual gross income was from the sale
of loose tobacco for use in a waterpipe or hookah device.
(F) The person in charge of the business posts in the
establishment conspicuous signs that display the message that
cigarette smoking is prohibited.
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(6) An establishment owned or leased by a business that meets the
following requirements:
(A) The business prohibits entry by an individual who is less
than twenty-one (21) years of age.
(B) The owner or operator of the business holds a beer, liquor,
or wine retailer's permit.
(C) The business limits smoking in the establishment to cigar
smoking.
(D) During the preceding calendar year, at least ten percent
(10%) of the business's annual gross income was from the sale
of cigars and the rental of onsite humidors.
(E) The person in charge of the business posts in the
establishment conspicuous signs that display the message that
cigarette smoking is prohibited.
(7) A premises owned or leased by and regularly used for the
activities of a business that meets all of the following:
(A) The business is exempt from federal income taxation
under 26 U.S.C. 501(c).
(B) The business:
(i) meets the requirements to be considered a club under
IC 7.1-3-20-1; or
(ii) is a fraternal club (as defined in IC 7.1-3-20-7).
(C) The business provides food or alcoholic beverages only to
its bona fide members and their guests.
(D) The business:
(i) provides a separate, enclosed, designated smoking room
or area that is adequately ventilated to prevent migration of
smoke to nonsmoking areas of the premises;
(ii) allows smoking only in the room or area described in
item (i);
(iii) does not allow an individual who is less than twenty-one
(21) years of age to enter into the room or area described in
item (i); and
(iv) allows a guest in the smoking room or area described in
item (i) only when accompanied by a bona fide member of
the business.
(8) A retail tobacco store used primarily for the sale of tobacco
products and tobacco accessories that meets the following
requirements:
(A) The owner or operator of the store holds a valid tobacco
sales certificate issued under IC 7.1-3-18.5.
(B) The store prohibits entry by an individual who is less than
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twenty-one (21) years of age.
(C) The sale of products other than tobacco products and
tobacco accessories is merely incidental.
(D) The sale of tobacco products accounts for at least
eighty-five percent (85%) of the store's annual gross sales.
(E) Food or beverages are not sold in a manner that requires
consumption on the premises, and there is not an area set aside
for customers to consume food or beverages on the premises.
(9) A bar or tavern:
(A) for which a permittee holds:
(i) a beer retailer's permit under IC 7.1-3-4;
(ii) a liquor retailer's permit under IC 7.1-3-9; or
(iii) a wine retailer's permit under IC 7.1-3-14;
(B) that does not employ an individual who is less than
eighteen (18) years of age;
(C) that does not allow an individual who:
(i) is less than twenty-one (21) years of age; and
(ii) is not an employee of the bar or tavern;
to enter any area of the bar or tavern; and
(D) that is not located in a business that would otherwise be
subject to this chapter.
(10) A cigar manufacturing facility that does not offer retail sales.
(11) A premises of a cigar specialty store to which all of the
following apply:
(A) The owner or operator of the store holds a valid tobacco
sales certificate issued under IC 7.1-3-18.5.
(B) The sale of tobacco products and tobacco accessories
account for at least fifty percent (50%) of the store's annual
gross sales.
(C) The store has a separate, enclosed, designated smoking
room that is adequately ventilated to prevent migration of
smoke to nonsmoking areas.
(D) Smoking is allowed only in the room described in clause
(C).
(E) Individuals who are less than twenty-one (21) years of age
are prohibited from entering into the room described in clause
(C).
(F) Cigarette smoking is not allowed on the premises of the
store.
(G) The owner or operator of the store posts a conspicuous
sign on the premises of the store that displays the message that
cigarette smoking is prohibited.
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(H) The store does not prepare any food or beverage that
would require a certified food protection manager under
IC 16-42-5.2.
(12) The premises of a business that is located in the business
owner's private residence (as defined in IC 3-5-2-42.5)
IC 3-5-2.1-90) if the only employees of the business who work in
the residence are the owner and other individuals who reside in
the residence.
(13) That part of a hotel designated as an outside patio or terrace
that contains a bar under IC 7.1-3-20-27, to which all of the
following apply:
(A) The designated smoking area on the outside patio or
terrace is delineated from the rest of the outside patio or
terrace by a barrier that is at least eighteen (18) inches in
height.
(B) The designated smoking area is located at least twenty (20)
feet from any entrance to the hotel.
(C) Individuals less than twenty-one (21) years of age are not
allowed in the designated smoking area.
(b) The owner, operator, manager, or official in charge of an
establishment or premises in which smoking is allowed under this
section shall post conspicuous signs in the establishment that read
"WARNING: Smoking Is Allowed In This Establishment" or other
similar language.
(c) This section does not allow smoking in the following enclosed
areas of an establishment or premises described in subsection (a)(1)
through (a)(11):
(1) Any hallway, elevator, or other common area where an
individual who is less than twenty-one (21) years of age is
permitted.
(2) Any room that is intended for use by an individual who is less
than twenty-one (21) years of age.
(d) The owner, operator, or manager of an establishment or premises
that is listed under subsection (a) and that allows smoking shall provide
a verified statement to the commission that states that the establishment
or premises qualifies for the exemption. The commission may require
the owner, operator, or manager of an establishment or premises to
provide documentation or additional information concerning the
exemption of the establishment or premises.
SECTION 78. IC 8-1-2-102, AS AMENDED BY P.L.158-2013,
SECTION 131, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 102. (a) The definitions set forth in
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IC 3-5-2 IC 3-5-2.1 apply to this section.
(b) No public utility, or any agent or officer thereof, or any agent or
officer of a political subdivision constituting a public utility, as defined
in this chapter, may offer or give, for any purpose, to any political
committee or any member or employee thereof, candidate for, or
incumbent of, any office or position under the constitution or laws of
Indiana, or under any political subdivision or to any person, at the
request, or for the advantage of, any of them, any frank, privilege, or
property withheld from any person for any product or service produced,
transmitted, delivered, furnished, or rendered, or to be produced,
transmitted, delivered, furnished, or rendered by any public utility or
any free product or service.
(c) No political committee, or member or employee thereof, or
candidate for or incumbent of any office or position under the
constitution or laws of Indiana or under any political subdivision may
ask for or accept from any public utility, or any agent or officer thereof,
or any agent or officer of any political subdivision constituting a public
utility, as defined in this chapter, or use, in any matter or for any
purpose, any frank or privilege withheld from any person for any
product or service produced, transmitted, delivered, furnished, or
rendered, or to be produced, transmitted, delivered, furnished, or
rendered by any public utility.
(d) A person who knowingly violates this section commits a Level
6 felony.
(e) This chapter does not:
(1) prevent any public utility, carrier, or agent or officer thereof,
from furnishing free or reduced service or transportation to any
bona fide employee or officer thereof;
(2) prohibit any carrier from carrying free, or at reduced rates,
agricultural experiment and demonstration cars or trains and the
lecturers and necessary demonstrators accompanying such trains
or cars; or
(3) prohibit any carrier from carrying free, or at reduced rates, its
furloughed, pensioned, or superannuated employees, persons who
have become disabled or infirm in its service, the remains of any
person killed in its service, or the unremarried surviving spouses
and dependent children under eighteen (18) years of age of
persons who died in its service.
SECTION 79. IC 8-15.5-13-1, AS ADDED BY P.L.47-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. The definitions in IC 3-5-2 IC 3-5-2.1 apply to
this chapter to the extent they do not conflict with the definitions in this
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article.
SECTION 80. IC 8-15.7-16-1, AS ADDED BY P.L.47-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. The definitions in IC 3-5-2 IC 3-5-2.1 apply to
this chapter to the extent they do not conflict with the definitions in this
article.
SECTION 81. IC 9-13-2-35, AS AMENDED BY P.L.198-2016,
SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 35. "Controlled substance" has the meaning set
forth in IC 35-48-1. IC 35-48-1.1.
SECTION 82. IC 9-13-2-86, AS AMENDED BY P.L.196-2013,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 86. "Intoxicated" means under the influence of:
(1) alcohol;
(2) a controlled substance (as defined in IC 35-48-1);
IC 35-48-1.1);
(3) a drug other than alcohol or a controlled substance;
(4) a substance described in IC 35-46-6-2 or IC 35-46-6-3;
(5) a combination of substances described in subdivisions (1)
through (4); or
(6) any other substance, not including food and food ingredients
(as defined in IC 6-2.5-1-20), tobacco (as defined in
IC 6-2.5-1-28), or a dietary supplement (as defined in
IC 6-2.5-1-16);
so that there is an impaired condition of thought and action and the loss
of normal control of a person's faculties.
SECTION 83. IC 9-14.1-2-5, AS AMENDED BY P.L.111-2021,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) This section does not apply to a license
branch in a county if there are no precincts in the county in which an
election is held on election day.
(b) On each general, municipal, primary, and special election day
(as defined in IC 3-5-2-18), IC 3-5-2.1-35), all license branches that
provide state identification cards must remain open from 6:00 a.m.,
local time, to 6:00 p.m., local time, with priority given to issuing
driver's licenses and state identification cards under IC 9-24.
(c) On the day before each general, municipal, primary, and special
election day (as defined in IC 3-5-2-18), IC 3-5-2.1-35), all license
branches that provide state identification cards must remain open from
8:30 a.m., local time, to 8:00 p.m., local time, with priority given to
issuing driver's licenses and state identification cards under IC 9-24.
(d) The commission shall:
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(1) designate another day as time off; or
(2) authorize overtime pay;
for license branch personnel required to work on an election day.
SECTION 84. IC 9-24-2.5-4, AS AMENDED BY P.L.71-2019,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) As required under 52 U.S.C. 20504(e)(1),
the manager or designated license branch employee shall transmit an
electronic version of the completed voter registration portion of each
application for a driver's license or an identification card for nondrivers
issued under this article to the county voter registration office of the
county in which the individual's residential address (as indicated on the
application) is located.
(b) The voter registration application shall be transmitted to the
county voter registration office in an electronic format and on an
expedited basis (as defined by IC 3-5-2-23.2) IC 3-5-2.1-43) using the
computerized list established under IC 3-7-26.3.
SECTION 85. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) A person who operates a vehicle with an
alcohol concentration equivalent to at least eight-hundredths (0.08)
gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath;
commits a Class C misdemeanor.
(b) A person who operates a vehicle with an alcohol concentration
equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath;
commits a Class A misdemeanor.
(c) A person who operates a vehicle with a controlled substance
listed in schedule I or II of IC 35-48-2 or its metabolite in the person's
blood commits a Class C misdemeanor.
(d) It is a defense to subsection (c) that:
(1) the accused person consumed the controlled substance in
accordance with a valid prescription or order of a practitioner (as
defined in IC 35-48-1) IC 35-48-1.1) who acted in the course of
the practitioner's professional practice; or
(2) the:
(A) controlled substance is marijuana or a metabolite of
marijuana;
(B) person was not intoxicated;
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(C) person did not cause a traffic accident; and
(D) substance was identified by means of a chemical test taken
pursuant to IC 9-30-7.
SECTION 86. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) A person who causes serious bodily injury
to another person when operating a vehicle:
(1) with an alcohol concentration equivalent to at least
eight-hundredths (0.08) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
(2) with a controlled substance listed in schedule I or II of
IC 35-48-2 or its metabolite in the person's blood; or
(3) while intoxicated;
commits a Level 5 felony. However, the offense is a Level 4 felony if
the person has a previous conviction of operating while intoxicated
within the five (5) years preceding the commission of the offense.
(b) A person who violates subsection (a) commits a separate offense
for each person whose serious bodily injury is caused by the violation
of subsection (a).
(c) It is a defense under subsection (a)(2) that the accused person
consumed the controlled substance in accordance with a valid
prescription or order of a practitioner (as defined in IC 35-48-1)
IC 35-48-1.1) who acted in the course of the practitioner's professional
practice.
SECTION 87. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) A person who causes the death or
catastrophic injury of another person when operating a vehicle:
(1) with an alcohol concentration equivalent to at least
eight-hundredths (0.08) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
(2) with a controlled substance listed in schedule I or II of
IC 35-48-2 or its metabolite in the person's blood; or
(3) while intoxicated;
commits a Level 4 felony.
(b) A person who causes the death of a law enforcement animal (as
defined in IC 35-46-3-4.5) when operating a vehicle:
(1) with an alcohol concentration equivalent to at least
eight-hundredths (0.08) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
SEA 80 — CC 1
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(B) two hundred ten (210) liters of the person's breath; or
(2) with a controlled substance listed in schedule I or II of
IC 35-48-2 or its metabolite in the person's blood;
commits a Level 6 felony.
(c) A person who commits an offense under subsection (a) or (b)
commits a separate offense for each person or law enforcement animal
whose death (or catastrophic injury, in the case of a person) is caused
by the violation of subsection (a) or (b).
(d) It is a defense under subsection (a) or (b) that the person accused
of causing the death or catastrophic injury of another person or the
death of a law enforcement animal when operating a vehicle with a
controlled substance listed in schedule I or II of IC 35-48-2 or its
metabolite in the person's blood consumed the controlled substance in
accordance with a valid prescription or order of a practitioner (as
defined in IC 35-48-1) IC 35-48-1.1) who acted in the course of the
practitioner's professional practice.
SECTION 88. IC 10-11-2-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 24. (a) Except as
provided in subsection (b), a person who has charge of a jail, prison,
correctional facility, or other place of detention shall:
(1) receive a prisoner arrested by a police employee of the
department within the jurisdiction served by the jail; and
(2) detain the prisoner in custody until otherwise ordered by a
court or by the superintendent.
A person who refuses to receive a prisoner or who releases a prisoner
except as directed may be removed from office by the governor.
(b) A person who has charge of a jail, prison, correctional facility,
or other place of detention may not receive or detain a prisoner in
custody under subsection (a) until the arresting police employee has
had the prisoner examined by a physician or competent medical
personnel if the prisoner appears to be:
(1) unconscious;
(2) suffering from a serious illness;
(3) suffering from a serious injury; or
(4) seriously impaired by alcohol, a controlled substance (as
defined in IC 35-48-1-9), IC 35-48-1.1-7), a drug other than a
controlled substance, or a combination of alcohol, a controlled
substance, or drugs.
(c) Except as provided in subsection (d), the cost of the examination
and resulting treatment under subsection (b) is the financial
responsibility of the prisoner receiving the examination or treatment.
(d) If a prisoner is unable to bear the financial responsibility for the
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cost of the examination and treatment under subsection (b), the
prisoner may apply for indigent medical assistance.
SECTION 89. IC 10-11-2-31, AS AMENDED BY P.L.30-2019,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 31. (a) The following definitions apply throughout
this section:
(1) "Controlled substance" has the meaning set forth in
IC 35-48-1-9. IC 35-48-1.1-7.
(2) "Property" has the meaning set forth in IC 5-2-15-3.
(b) The superintendent shall adopt:
(1) guidelines; and
(2) a reporting form or a specified electronic format, or both;
for the report by a law enforcement agency under IC 5-2-15-3 of a
property used in the illegal manufacture of a controlled substance.
(c) The guidelines adopted under this section must require a law
enforcement agency to report the existence of a property used in the
illegal manufacture of a controlled substance to:
(1) the department;
(2) the local fire department that serves the area in which the
property is located; and
(3) the local health department in whose jurisdiction the property
is located;
on the form or in the specified electronic format adopted by the
superintendent.
(d) The guidelines adopted under this section:
(1) may incorporate a recommendation of the methamphetamine
abuse task force (IC 5-2-14, expired June 30, 2007, and repealed)
that the superintendent determines to be relevant;
(2) may require the department to report the existence of the
property to one (1) or more additional agencies or organizations;
(3) must require the department to maintain reports filed under
IC 5-2-15-3 in a manner permitting an accurate assessment of:
(A) the number of properties used in the illegal manufacture
of a controlled substance located in Indiana in a specified
period;
(B) the geographical dispersal of properties used in the illegal
manufacture of a controlled substance located in Indiana in a
specified period; and
(C) any other information that the superintendent determines
to be relevant; and
(4) must require a law enforcement agency to report any other
information that the superintendent determines to be relevant.
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SECTION 90. IC 10-11-2-31.1, AS AMENDED BY P.L.56-2023,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 31.1. (a) The following definitions apply
throughout this section:
(1) "Controlled substance" has the meaning set forth in
IC 35-48-1-9. IC 35-48-1.1-7.
(2) "Property" has the meaning set forth in section 31.2 of this
chapter.
(b) The superintendent shall adopt:
(1) guidelines; and
(2) a reporting form or a specified electronic format, or both;
for receiving an approved certificate of cleanup from the Indiana
department of health that property used for the illegal manufacture of
a controlled substance or polluted by waste from the illegal
manufacture of a controlled substance has been certified as
decontaminated by a qualified inspector certified under IC 16-19-3.1-1.
(c) Guidelines adopted under this section must require that the
department remove, in accordance with the time periods described in
section 31.2 of this chapter, the decontaminated property from any
publicly available list of properties used for the illegal manufacture of
a controlled substance compiled or made available by the department.
SECTION 91. IC 10-11-2-31.2, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 31.2. (a) As used in this section, "controlled
substance" has the meaning set forth in IC 35-48-1-9. IC 35-48-1.1-7.
(b) As used in this section, "property" means a dwelling (as defined
in IC 13-11-2-61.3).
(c) Subject to specific appropriation by the general assembly, the
department shall establish, maintain, and operate an Internet web site
a website containing a list of properties that have been used in the
illegal manufacture of a controlled substance. The list of properties
shall be based on information received from a law enforcement agency
under IC 5-2-15-3.
(d) Subject to specific appropriation by the general assembly, and
in accordance with subsection (g), the department shall publish the list
of properties that have been used in the illegal manufacture of a
controlled substance on an Internet web site a website maintained by
the department. If a controlled substance is manufactured in an
apartment that is a unit of a multi-unit apartment complex, the
department shall publish only the address, including the apartment
number, of the particular apartment in which the controlled substance
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was manufactured. The department shall design the web site website
to enable a user to easily determine whether a particular property has
been used as the site of the illegal manufacture of a controlled
substance.
(e) The department shall remove a listed property from the web site
website not later than ninety (90) days after the property has been
certified as decontaminated by a qualified inspector certified under
IC 16-19-3.1-1.
(f) If property has been certified as decontaminated by a qualified
inspector certified under IC 16-19-3.1-1 before it is placed on the list
required under subsection (c), the department may not place the
property on the list.
(g) The department may not list a property that has been the site of
the illegal manufacture of a controlled substance on the web site
website until one hundred eighty (180) days after the date on which the
department receives information from a law enforcement agency that
the property has been the site of the illegal manufacture of a controlled
substance.
SECTION 92. IC 10-13-3-7.5, AS AMENDED BY P.L.146-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7.5. (a) As used in this chapter, "emergency
placement" means an emergency out-of-home placement of a child by:
(1) the department of child services established by IC 31-25-1-1;
(2) a law enforcement officer;
(3) a caseworker;
(4) a juvenile probation officer; or
(5) a court;
as a result of exigent circumstances that require immediate placement
with a person other than the child's parent, guardian, or custodian.
(b) The term includes any out-of-home placement for temporary
care and custody of a child at or after the time of initial removal or
transfer of custody of the child from the child's parent, guardian, or
custodian, as authorized under any of the following:
(1) IC 31-34-2.
(2) IC 31-34-2.5.
(3) IC 31-34-4.
(4) IC 31-34-5.
(5) IC 31-37-4.
(6) IC 31-37-5.
(7) IC 31-37-6.
(c) The term does not include any proposed or actual change in
location of the child's placement for continuing care and custody after
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the court has entered an order at the time of or following a detention
hearing required under IC 31-34-5 or IC 31-37-6, unless a court or an
agency responsible for the child's care and supervision determines that
an immediate change in placement is necessary to protect the health or
safety of the child.
(d) The term does not include placement to an entity or in a facility
that is not a residence (as defined in IC 3-5-2-42.5) IC 3-5-2.1-90) or
that is licensed by the state.
SECTION 93. IC 10-13-3-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) As used in this
chapter, "protective order" has the meaning set forth in IC 5-2-9-2.1.
(b) The term includes a foreign protection order (as defined in
IC 34-6-2-48.5). IC 34-6-2.1-76).
SECTION 94. IC 11-13-3-4, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) A condition to remaining on parole is that
the parolee not commit a crime during the period of parole.
(b) The parole board may also adopt, under IC 4-22-2, additional
conditions to remaining on parole and require a parolee to satisfy one
(1) or more of these conditions. These conditions must be reasonably
related to the parolee's successful reintegration into the community and
not unduly restrictive of a fundamental right.
(c) If a person is released on parole, the parolee shall be given a
written statement of the conditions of parole. Signed copies of this
statement shall be:
(1) retained by the parolee;
(2) forwarded to any person charged with the parolee's
supervision; and
(3) placed in the parolee's master file.
(d) The parole board may modify parole conditions if the parolee
receives notice of that action and had ten (10) days after receipt of the
notice to express the parolee's views on the proposed modification.
This subsection does not apply to modification of parole conditions
after a revocation proceeding under section 10 of this chapter.
(e) As a condition of parole, the parole board may require the
parolee to reside in a particular parole area. In determining a parolee's
residence requirement, the parole board shall:
(1) consider:
(A) the residence of the parolee prior to the parolee's
incarceration; and
(B) the parolee's place of employment; and
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(2) assign the parolee to reside in the county where the parolee
resided prior to the parolee's incarceration unless assignment on
this basis would be detrimental to the parolee's successful
reintegration into the community.
(f) As a condition of parole, the parole board may require the
parolee to:
(1) periodically undergo a laboratory chemical test (as defined in
IC 9-13-2-22) or series of tests to detect and confirm the presence
of a controlled substance (as defined in IC 35-48-1-9);
IC 35-48-1.1-7); and
(2) have the results of any test under this subsection reported to
the parole board by the laboratory.
The parolee is responsible for any charges resulting from a test
required under this subsection. However, a person's parole may not be
revoked on the basis of the person's inability to pay for a test under this
subsection.
(g) As a condition of parole, the parole board:
(1) may require a parolee who is a sex offender (as defined in
IC 11-8-8-4.5) to:
(A) participate in a treatment program for sex offenders
approved by the parole board; and
(B) avoid contact with any person who is less than sixteen (16)
years of age unless the parolee:
(i) receives the parole board's approval; or
(ii) successfully completes the treatment program referred to
in clause (A); and
(2) shall:
(A) require a parolee who is a sex or violent offender (as
defined in IC 11-8-8-5) to register with a local law
enforcement authority under IC 11-8-8;
(B) prohibit a parolee who is a sex offender from residing
within one thousand (1,000) feet of school property (as defined
in IC 35-31.5-2-285) for the period of parole, unless the sex
offender obtains written approval from the parole board;
(C) prohibit a parolee who is a sex offender convicted of a sex
offense (as defined in IC 35-38-2-2.5) from residing within
one (1) mile of the victim of the sex offender's sex offense
unless the sex offender obtains a waiver under IC 35-38-2-2.5;
(D) prohibit a parolee who is a sex offender from owning,
operating, managing, being employed by, or volunteering at
any attraction designed to be primarily enjoyed by children
less than sixteen (16) years of age;
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(E) require a parolee who is a sex offender to consent:
(i) to the search of the sex offender's personal computer at
any time; and
(ii) to the installation on the sex offender's personal
computer or device with Internet capability, at the sex
offender's expense, of one (1) or more hardware or software
systems to monitor Internet usage; and
(F) prohibit the sex offender from:
(i) accessing or using certain web sites, websites, chat
rooms, or instant messaging programs frequented by
children; and
(ii) deleting, erasing, or tampering with information on the
sex offender's personal computer with intent to conceal an
activity prohibited by item (i).
The parole board may not grant a sexually violent predator (as defined
in IC 35-38-1-7.5) or a sex offender who is an offender against children
under IC 35-42-4-11 a waiver under subdivision (2)(B) or (2)(C). If the
parole board allows the sex offender to reside within one thousand
(1,000) feet of school property under subdivision (2)(B), the parole
board shall notify each school within one thousand (1,000) feet of the
sex offender's residence of the order.
(h) The address of the victim of a parolee who is a sex offender
convicted of a sex offense (as defined in IC 35-38-2-2.5) is
confidential, even if the sex offender obtains a waiver under
IC 35-38-2-2.5.
(i) As a condition of parole, the parole board may require a parolee
to participate in a reentry court program.
(j) This subsection does not apply to a person on lifetime parole. As
a condition of parole, the parole board shall require a parolee who is a
sexually violent predator under IC 35-38-1-7.5 or who is a sex or
violent offender (as defined in IC 11-8-8-5) to wear a monitoring
device (as described in IC 35-38-2.5-3) that can transmit information
twenty-four (24) hours each day regarding a person's precise location,
subject to a validated sex offender risk assessment, and subject to the
amount appropriated to the department for a monitoring program as a
condition of parole.
(k) As a condition of parole, the parole board may prohibit, in
accordance with IC 35-38-2-2.6, a parolee who has been convicted of
stalking from residing within one thousand (1,000) feet of the residence
of the victim of the stalking for a period that does not exceed five (5)
years.
(l) As a condition of parole, the parole board may prohibit a parolee
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convicted of an offense under IC 35-46-3 from owning, harboring, or
training an animal, and, if the parole board prohibits a parolee
convicted of an offense under IC 35-46-3 from having direct or indirect
contact with an individual, the parole board may also prohibit the
parolee from having direct or indirect contact with any animal
belonging to the individual.
(m) As a condition of parole, the parole board may require a parolee
to receive:
(1) addiction counseling;
(2) inpatient detoxification;
(3) case management;
(4) daily living skills; and
(5) medication assisted treatment, including a federal Food and
Drug Administration approved long acting, nonaddictive
medication for the treatment of opioid or alcohol dependence.
(n) A parolee may be responsible for the reasonable expenses, as
determined by the department, of the parolee's participation in a
treatment or other program required as a condition of parole under this
section. However, a person's parole may not be revoked solely on the
basis of the person's inability to pay for a program required as a
condition of parole under this section.
(o) As a condition of parole, the parole board shall prohibit a person
convicted of an animal abuse offense (as defined in IC 35-38-2-2.8)
from owning, harboring, or training a companion animal (as defined in
IC 35-38-2-2.8).
SECTION 95. IC 12-7-2-26.5, AS AMENDED BY P.L.108-2010,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 26.5. "Chemical test", for purposes of
IC 12-23-14, means an analysis of an individual's:
(1) blood;
(2) breath;
(3) hair;
(4) sweat;
(5) saliva;
(6) urine; or
(7) other bodily substance;
to determine the presence of alcohol or a controlled substance (as
defined in IC 35-48-1-9). IC 35-48-1.1-7).
SECTION 96. IC 12-7-2-69.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 69.5. "Domestic
violence", for purposes of IC 12-18-8, has the meaning set forth in
IC 34-6-2-34.5. IC 34-6-2.1-50.
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SECTION 97. IC 12-7-2-71 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 71. "Drug", for
purposes of IC 12-23, means a drug or a controlled substance (as
defined in IC 35-48-1). IC 35-48-1.1).
SECTION 98. IC 12-18-8-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. As used in this
chapter, "domestic violence" has the meaning set forth in
IC 34-6-2-34.5. IC 34-6-2.1-50.
SECTION 99. IC 13-11-2-42, AS AMENDED BY P.L.192-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 42. "Contaminant", for purposes of environmental
management laws, means any solid, semi-solid, liquid, or gaseous
matter, or any odor, radioactive material, pollutant (as defined by the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as in
effect on January 1, 1989), hazardous waste (as defined in the federal
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), as in effect on
January 1, 1989), any constituent of a hazardous waste, or any
combination of the items described in this section, from whatever
source, that:
(1) is injurious to human health, plant or animal life, or property;
(2) interferes unreasonably with the enjoyment of life or property;
or
(3) otherwise violates:
(A) environmental management laws; or
(B) rules adopted under environmental management laws.
The term includes chemicals used in the illegal manufacture of a
controlled substance (as defined in IC 35-48-1-9) IC 35-48-1.1-7) or
an immediate precursor (as defined in IC 35-48-1-17) IC 35-48-1.1-25)
of a controlled substance, and waste produced from the illegal
manufacture of a controlled substance or an immediate precursor of the
controlled substance.
SECTION 100. IC 13-17-15-1, AS ADDED BY P.L.181-2018,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. As used in this chapter, "drug" means:
(1) a drug, as defined in IC 16-42-19-2; or
(2) a controlled substance, as defined in IC 35-48-1-9.
IC 35-48-1.1-7.
SECTION 101. IC 13-20-16-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. The state or a
political subdivision (as defined in IC 34-6-2-110) IC 34-6-2.1-155)
shall dispose of used lead acid batteries in the state's or political
subdivision's possession by one (1) or more of the following means:
SEA 80 — CC 1
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(1) Delivery to a wholesaler or an agent of a wholesaler.
(2) Delivery to a manufacturer of lead acid batteries.
(3) Delivery to a facility that:
(A) recycles used lead acid batteries; or
(B) collects lead acid batteries for delivery to a recycling
facility.
(4) Delivery to a facility operated as a secondary lead smelter
under a valid permit issued by the department or the United States
Environmental Protection Agency.
SECTION 102. IC 14-19-11-15, AS ADDED BY P.L.127-2022,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 15. For purposes of IC 34-13-2, IC 34-13-3, and
IC 34-13-4, the executive director and employees of the authority are
public employees (as defined in IC 34-6-2-38). IC 34-6-2.1-54).
SECTION 103. IC 15-15-12-31, AS ADDED BY P.L.2-2008,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 31. (a) Obligations incurred by the council and
other liabilities and claims against the council may be enforced only
against the assets of the council in the same manner as if the council
were a corporation. Liabilities for the debts or actions of the council
may not arise against:
(1) the state;
(2) a political subdivision (as defined in IC 34-6-2-110);
IC 34-6-2.1-155); or
(3) a member, an officer, an employee, or an agent of the council
in an individual capacity.
(b) The members and employees of the council may not be held
responsible individually in any way to any person for errors in
judgment, mistakes, or other acts either of commission or omission, as
principal, agent, or employee, except for their own individual acts that
result in the violation of any law.
(c) An employee of the council may not be held responsible
individually for the act or omission of any member of the council.
(d) Any liability of the members of the council is several and not
joint. A member of the council may not be held liable for the default of
any other member.
SECTION 104. IC 15-15-13-6.5, AS ADDED BY P.L.190-2019,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6.5. As used in this chapter, "hemp product"
means a product derived from, or made by, processing hemp plants or
plant parts including derivatives, extracts, cannabinoids, isomers, acids,
salts, and salts of isomers. However, the term does not include:
SEA 80 — CC 1
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(1) smokable hemp (as defined by IC 35-48-1-26.6);
IC 35-48-1.1-38); or
(2) products that contain a total delta-9-tetrahydrocannabinol
concentration of more than three-tenths of one percent (0.3%) by
weight.
SECTION 105. IC 15-15-13-19, AS ADDED BY P.L.190-2019,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 19. (a) Hemp bud (as defined in IC 35-48-1-17.2)
IC 35-48-1.1-23) and hemp flower (as defined in IC 35-48-1-17.3)
IC 35-48-1.1-24) may be sold only to a processor licensed under this
chapter.
(b) The state seed commissioner may impose a civil penalty under
section 13 of this chapter for a violation of subsection (a).
SECTION 106. IC 15-15-13-20, AS ADDED BY P.L.190-2019,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 20. (a) A person who knowingly or intentionally
violates:
(1) a term, condition, or requirement of a license issued; or
(2) a rule adopted;
under this chapter is subject to a civil penalty, determined by the state
seed commissioner, not to exceed ten thousand dollars ($10,000) per
violation. The state seed commissioner may also revoke the license of
a person who violates this subsection.
(b) A person who knowingly or intentionally:
(1) grows hemp;
(2) handles hemp; or
(3) sells agricultural hemp seed;
not including smokable hemp (as defined by IC 35-48-1-26.6),
IC 35-48-1.1-38), and is not licensed under this chapter, commits a
Class A misdemeanor.
SECTION 107. IC 15-18-5-22, AS ADDED BY P.L.2-2008,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 22. (a) Obligations incurred by the board and
other liabilities and claims against the board may be enforced only
against the assets of the board in the same manner as if it were a
corporation. Liabilities for the debts or actions of the board may not
arise against:
(1) the state;
(2) a political subdivision (as defined in IC 34-6-2-110);
IC 34-6-2.1-155); or
(3) a member, officer, employee, or agent of the board in an
individual capacity.
SEA 80 — CC 1
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(b) The members and employees of the board may not be held
responsible individually to any person for errors in judgment, mistakes,
or other acts either of commission or omission, as principal, agent, or
employee, except for their own individual acts that result in the
violation of any law.
(c) An employee of the board may not be held responsible
individually for the act or omission of a member of the board.
(d) Any liability of the members of the board is several and not
joint. A member of the board may not be held liable for the default of
another member.
SECTION 108. IC 15-20-1-6, AS ADDED BY P.L.2-2008,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. An owner of a dog is exempt under section 4 of
this chapter if the dog commits an act described in section 4 of this
chapter during the period that the dog is owned by:
(1) the United States;
(2) an agency of the United States; or
(3) a governmental entity (as defined in IC 34-6-2-49);
IC 34-6-2.1-77);
and the dog is engaged in assisting the owner or the owner's agent in
the performance of law enforcement or military duties.
SECTION 109. IC 16-31-3-14, AS AMENDED BY HEA
1167-2025, SECTION 1, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 14. (a) A person holding a
certificate or license issued under this article must comply with the
applicable standards and rules established under this article. A
certificate holder or license holder is subject to disciplinary sanctions
under subsection (b) if the department of homeland security determines
that the certificate holder or license holder:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a certificate or license, including
cheating on a certification or licensure examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) advertised services or goods in a false or misleading manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses required under this article or rules adopted
under this article;
(5) is convicted of a crime, if the act that resulted in the
conviction has a direct bearing on determining if the certificate
holder or license holder should be entrusted to provide emergency
SEA 80 — CC 1
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medical services;
(6) is convicted of violating IC 9-19-14.5;
(7) fails to comply and maintain compliance with or violates any
applicable provision, standard, or other requirement of this article
or rules adopted under this article;
(8) continues to practice if the certificate holder or license holder
becomes unfit to practice due to:
(A) professional incompetence that includes the undertaking
of professional activities that the certificate holder or license
holder is not qualified by training or experience to undertake;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or dependency on alcohol or other
drugs that endanger the public by impairing the certificate
holder's or license holder's ability to practice safely;
(9) engages in a course of lewd or immoral conduct in connection
with the delivery of services to the public;
(10) allows the certificate holder's or license holder's name or a
certificate or license issued under this article to be used in
connection with a person who renders services beyond the scope
of that person's training, experience, or competence;
(11) is subjected to disciplinary action in another state or
jurisdiction on grounds similar to those contained in this chapter.
For purposes of this subdivision, a certified copy of a record of
disciplinary action constitutes prima facie evidence of a
disciplinary action in another jurisdiction;
(12) assists another person in committing an act that would
constitute a ground for disciplinary sanction under this chapter;
(13) allows a certificate or license issued by the commission to
be:
(A) used by another person; or
(B) displayed to the public when the certificate or license is
expired, inactive, invalid, revoked, or suspended; or
(14) fails to notify the department in writing of any misdemeanor
or felony criminal conviction, except traffic related misdemeanors
other than operating a motor vehicle under the influence of a drug
or alcohol, within ninety (90) days after the entry of an order or
judgment. A certified copy of the order or judgment with a letter
of explanation must be submitted to the department along with the
written notice.
(b) The department of homeland security may issue an order under
SEA 80 — CC 1
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IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
the department of homeland security determines that a certificate
holder or license holder is subject to disciplinary sanctions under
subsection (a):
(1) Revocation of a certificate holder's certificate or license
holder's license for a period not to exceed seven (7) years.
(2) Suspension of a certificate holder's certificate or license
holder's license for a period not to exceed seven (7) years.
(3) Censure of a certificate holder or license holder.
(4) Issuance of a letter of reprimand.
(5) Assessment of a civil penalty against the certificate holder or
license holder in accordance with the following:
(A) The civil penalty may not exceed five hundred dollars
($500) per day per violation.
(B) If the certificate holder or license holder fails to pay the
civil penalty within the time specified by the department of
homeland security, the department of homeland security may
suspend the certificate holder's certificate or license holder's
license without additional proceedings.
(6) Placement of a certificate holder or license holder on
probation status and requirement of the certificate holder or
license holder to:
(A) report regularly to the department of homeland security
upon the matters that are the basis of probation;
(B) limit practice to those areas prescribed by the department
of homeland security;
(C) continue or renew professional education approved by the
department of homeland security until a satisfactory degree of
skill has been attained in those areas that are the basis of the
probation; or
(D) perform or refrain from performing any acts, including
community restitution or service without compensation, that
the department of homeland security considers appropriate to
the public interest or to the rehabilitation or treatment of the
certificate holder or license holder.
The department of homeland security may withdraw or modify
this probation if the department of homeland security finds after
a hearing that the deficiency that required disciplinary action is
remedied or that changed circumstances warrant a modification
of the order.
(c) If an applicant or a certificate holder or license holder has
engaged in or knowingly cooperated in fraud or material deception to
SEA 80 — CC 1
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obtain a certificate or license, including cheating on the certification or
licensure examination, the department of homeland security may
rescind the certificate or license if it has been granted, void the
examination or other fraudulent or deceptive material, and prohibit the
applicant from reapplying for the certificate or license for a length of
time established by the department of homeland security.
(d) The department of homeland security may deny certification or
licensure to an applicant who would be subject to disciplinary sanctions
under subsection (b) if that person were a certificate holder or license
holder, has had disciplinary action taken against the applicant or the
applicant's certificate or license to practice in another state or
jurisdiction, or has practiced without a certificate or license in violation
of the law. A certified copy of the record of disciplinary action is
conclusive evidence of the other jurisdiction's disciplinary action.
(e) The department of homeland security may order a certificate
holder or license holder to submit to a reasonable physical or mental
examination if the certificate holder's or license holder's physical or
mental capacity to practice safely and competently is at issue in a
disciplinary proceeding. Failure to comply with a department of
homeland security order to submit to a physical or mental examination
makes a certificate holder or license holder liable to temporary
suspension under subsection (i).
(f) Except as provided under subsection (a), subsection (g), and
section 14.5 of this chapter, a certificate or license may not be denied,
revoked, or suspended because the applicant, certificate holder, or
license holder has been convicted of an offense. The acts from which
the applicant's, certificate holder's, or license holder's conviction
resulted may be considered as to whether the applicant or certificate
holder or license holder should be entrusted to serve the public in a
specific capacity.
(g) The department of homeland security may deny, suspend, or
revoke a certificate or license issued under this article if the individual
who holds or is applying for the certificate or license is convicted of
any of the following:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(c).
(5) Manufacture of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.1(c).
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(6) Dealing in paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
its amendment on July 1, 2015).
(8) Possession of marijuana, hash oil, hashish, or salvia as a Class
D felony (for a crime committed before July 1, 2014) or Level 6
felony (for a crime committed after June 30, 2014) under
IC 35-48-4-11.
(9) A felony offense under IC 35-48-4 involving:
(A) possession of a synthetic drug (as defined in
IC 35-31.5-2-321);
(B) possession of a synthetic drug lookalike substance (as
defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
2019)) as a:
(i) Class D felony (for a crime committed before July 1,
2014); or
(ii) Level 6 felony (for a crime committed after June 30,
2014);
under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
(C) possession of a controlled substance analog (as defined in
IC 35-48-1-9.3). IC 35-48-1.1-8).
(10) Maintaining a common nuisance under IC 35-48-4-13
(repealed) or IC 35-45-1-5, if the common nuisance involves a
controlled substance.
(11) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(h) A decision of the department of homeland security under
subsections (b) through (g) may be appealed to the commission under
IC 4-21.5-3-7.
(i) The department of homeland security may temporarily suspend
a certificate holder's certificate or license holder's license under
IC 4-21.5-4 before a final adjudication or during the appeals process if
the department of homeland security finds that a certificate holder or
license holder would represent a clear and immediate danger to the
public's health, safety, or property if the certificate holder or license
holder were allowed to continue to practice.
(j) On receipt of a complaint or information alleging that a person
certified or licensed under this chapter or IC 16-31-3.5 has engaged in
or is engaging in a practice that is subject to disciplinary sanctions
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under this chapter, the department of homeland security must initiate
an investigation against the person.
(k) The department of homeland security shall conduct a factfinding
investigation as the department of homeland security considers proper
in relation to the complaint.
(l) The department of homeland security may reinstate a certificate
or license that has been suspended under this section if the department
of homeland security is satisfied that the applicant is able to practice
with reasonable skill, competency, and safety to the public. As a
condition of reinstatement, the department of homeland security may
impose disciplinary or corrective measures authorized under this
chapter.
(m) The department of homeland security may not reinstate a
certificate or license that has been revoked under this chapter.
(n) The department of homeland security must be consistent in the
application of sanctions authorized in this chapter. Significant
departures from prior decisions involving similar conduct must be
explained in the department of homeland security's findings or orders.
(o) A certificate holder may not surrender the certificate holder's
certificate, and a license holder may not surrender the license holder's
license, without the written approval of the department of homeland
security, and the department of homeland security may impose any
conditions appropriate to the surrender or reinstatement of a
surrendered certificate or license.
(p) For purposes of this section, "certificate holder" means a person
who holds:
(1) an unlimited certificate;
(2) a limited or probationary certificate; or
(3) an inactive certificate.
(q) For purposes of this section, "license holder" means a person
who holds:
(1) an unlimited license;
(2) a limited or probationary license; or
(3) an inactive license.
SECTION 110. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 14.5. The department of homeland security may
issue an order under IC 4-21.5-3-6 to deny an applicant's request for
certification or licensure or permanently revoke a certificate or license
under procedures provided by section 14 of this chapter if the
individual who holds the certificate or license issued under this title is
convicted of any of the following:
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(1) Dealing in a controlled substance resulting in death under
IC 35-42-1-1.5.
(2) Dealing in or manufacturing cocaine or a narcotic drug under
IC 35-48-4-1.
(3) Dealing in methamphetamine under IC 35-48-4-1.1.
(4) Manufacturing methamphetamine under IC 35-48-4-1.2.
(5) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(6) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(7) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(8) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5 (repealed).
(9) Knowingly or intentionally manufacturing, advertising,
distributing, or possessing with intent to manufacture, advertise,
or distribute a substance represented to be a controlled substance
under IC 35-48-4-4.6.
(10) Dealing in a counterfeit substance under IC 35-48-4-5.
(11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
under IC 35-48-4-10.
(12) An offense under IC 35-48-4 involving the manufacture or
sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
synthetic drug lookalike substance (as defined in
IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
substance analog (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8),
or a substance represented to be a controlled substance (as
described in IC 35-48-4-4.6).
(13) A crime of violence (as defined in IC 35-50-1-2(a)).
SECTION 111. IC 16-41-11-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) This section
does not apply to a medical review panel created under IC 34-18-10 (or
IC 27-12-10 before its repeal) or a peer review committee (as defined
in IC 34-6-2-99). IC 34-6-2.1-145).
(b) The state department may authorize by rule expert review panels
to provide confidential consultation and advice to health care workers
who are:
(1) infected with the human immunodeficiency virus (HIV); or
(2) infected with the hepatitis-B virus (HBV) and are hepatitis-Be
antigen (HBeAg) positive.
(c) All proceedings and communications of an authorized expert
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review panel are confidential and privileged communications.
(d) A member or a member of the staff of an authorized expert
review panel is immune from any civil liability for any act, statement,
determination, or recommendation made in good faith in the scope of
the panel's duties.
SECTION 112. IC 16-42-21-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this
chapter, "controlled substance" has the meaning set forth in IC 35-48-1.
IC 35-48-1.1.
SECTION 113. IC 16-42-27-2, AS AMENDED BY P.L.36-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) A prescriber may, directly or by standing
order, prescribe or dispense an overdose intervention drug without
examining the individual to whom it may be administered if all of the
following conditions are met:
(1) The overdose intervention drug is dispensed or prescribed to:
(A) a person at risk of experiencing an opioid-related
overdose; or
(B) a family member, a friend, or any other individual or entity
in a position to assist an individual who, there is reason to
believe, is at risk of experiencing an opioid-related overdose.
(2) The prescriber instructs the individual receiving the overdose
intervention drug or prescription to summon emergency services
either immediately before or immediately after administering the
overdose intervention drug to an individual experiencing an
opioid-related overdose.
(3) The prescriber provides education and training on drug
overdose response and treatment, including the administration of
an overdose intervention drug.
(4) The prescriber provides drug addiction treatment information
and referrals to drug treatment programs, including programs in
the local area and programs that offer medication assisted
treatment that includes a federal Food and Drug Administration
approved long acting, nonaddictive medication for the treatment
of opioid or alcohol dependence.
(b) A prescriber may provide a prescription of an overdose
intervention drug to an individual as a part of the individual's addiction
treatment plan.
(c) An individual described in subsection (a)(1) may administer an
overdose intervention drug to an individual who is suffering from an
overdose.
(d) An individual described in subsection (a)(1) may not be
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considered to be practicing medicine without a license in violation of
IC 25-22.5-8-2, if the individual, acting in good faith, does the
following:
(1) Obtains the overdose intervention drug from a prescriber or
entity acting under a standing order issued by a prescriber.
(2) Administers the overdose intervention drug to an individual
who is experiencing an apparent opioid-related overdose.
(3) Attempts to summon emergency services either immediately
before or immediately after administering the overdose
intervention drug.
(e) An entity acting under a standing order issued by a prescriber
must do the following:
(1) Annually register with either the:
(A) state department; or
(B) local health department in the county where services will
be provided by the entity;
in a manner prescribed by the state department.
(2) Provide education and training on drug overdose response and
treatment, including the administration of an overdose
intervention drug.
(3) Provide drug addiction treatment information and referrals to
drug treatment programs, including programs in the local area and
programs that offer medication assisted treatment that includes a
federal Food and Drug Administration approved long acting,
nonaddictive medication for the treatment of opioid or alcohol
dependence.
(4) Submit an annual report to the state department containing:
(A) the number of sales of the overdose intervention drug
dispensed;
(B) the dates of sale of the overdose intervention drug
dispensed; and
(C) any additional information requested by the state
department.
(f) The state department shall ensure that a statewide standing order
for the dispensing of an overdose intervention drug in Indiana is issued
under this section. The state health commissioner or a designated
public health authority who is a licensed prescriber may, as part of the
individual's official capacity, issue a statewide standing order that may
be used for the dispensing of an overdose intervention drug under this
section. A statewide standing order issued under this section must
allow for choice in the:
(1) purchasing;
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(2) dispensing; and
(3) distributing;
of any formulation or dosage of a naloxone product that is approved by
the federal Food and Drug Administration. The immunity provided in
IC 34-13-3-3 applies to an individual described in this subsection.
(g) A law enforcement officer may not take an individual into
custody based solely on the commission of an offense described in
subsection (h), if the law enforcement officer, after making a
reasonable determination and considering the facts and surrounding
circumstances, reasonably believes that the individual:
(1) obtained the overdose intervention drug as described in
subsection (a)(1);
(2) complied with the provisions in subsection (d);
(3) administered an overdose intervention drug to an individual
who appeared to be experiencing an opioid-related overdose;
(4) provided:
(A) the individual's full name; and
(B) any other relevant information requested by the law
enforcement officer;
(5) remained at the scene with the individual who reasonably
appeared to be in need of medical assistance until emergency
medical assistance arrived;
(6) cooperated with emergency medical assistance personnel and
law enforcement officers at the scene; and
(7) came into contact with law enforcement because the
individual requested emergency medical assistance for another
individual who appeared to be experiencing an opioid-related
overdose.
(h) An individual who meets the criteria in subsection (g) is immune
from criminal prosecution for the following:
(1) IC 35-48-4-6 (possession of cocaine).
(2) IC 35-48-4-6.1 (possession of methamphetamine).
(3) IC 35-48-4-7 (possession of a controlled substance).
(4) IC 35-48-4-8.3 (possession of paraphernalia).
(5) IC 35-48-4-11 (possession of marijuana).
(6) An offense under IC 35-48-4 involving possession of a
synthetic drug (as defined in IC 35-31.5-2-321), possession of a
controlled substance analog (as defined in IC 35-48-1-9.3),
IC 35-48-1.1-8), or possession of a substance represented to be
a controlled substance (as described in IC 35-48-4-4.6).
SECTION 114. IC 20-23-4-44, AS AMENDED BY SEA 287-2025,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2025]: Sec. 44. (a) This section applies only to a school
corporation with territory in a county having a population of more than
one hundred eighty-five thousand (185,000) and less than two hundred
thousand (200,000).
(b) This section applies if there is a:
(1) tie vote in an election for a member of the governing body of
a school corporation; or
(2) vacancy on the governing body of a school corporation.
(c) A vacancy on the governing body must be filled under section
30 of this chapter.
(d) An individual appointed to fill a vacancy under subsection (c):
(1) must satisfy all the qualifications required of a member of the
governing body; and
(2) shall fill the remainder of the unexpired term of the vacating
member.
(e) Notwithstanding section 30(d) of this chapter, if a tie vote occurs
among the remaining members of the governing body or the governing
body or caucus fails to act within thirty (30) days after the election or
the vacancy occurs, the fiscal body (as defined in IC 3-5-2-25)
IC 3-5-2.1-48) of the township in which the greatest percentage of
population of the school district resides shall break the tie or make the
appointment. A member of the fiscal body who was a candidate and is
involved in a tie vote may not cast a vote under this subsection.
(f) If the fiscal body of a township is required to act under this
section and a vote in the fiscal body results in a tie, the deciding vote
to break the tie vote shall be cast by the executive.
SECTION 115. IC 20-26-4-4.5, AS AMENDED BY P.L.233-2015,
SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4.5. (a) The definitions in IC 3-5-2 IC 3-5-2.1
apply to this section.
(b) If a vacancy in a school board office exists because of the death
of a school board member, the remaining members of the governing
body shall meet and select an individual to fill the vacancy after the
secretary of the governing body receives notice of the death under
IC 5-8-6 and in accordance with section 4 of this chapter.
SECTION 116. IC 20-27-8-3, AS ADDED BY P.L.1-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) As used in this section, "controlled
substance" has the meaning set forth in IC 35-48-1. IC 35-48-1.1.
(b) An individual who is a school bus driver and who knowingly and
intentionally:
(1) consumes a controlled substance or an intoxicating liquor
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within six (6) hours before:
(A) going on duty; or
(B) operating a school bus; or
(2) consumes or possesses a controlled substance or an
intoxicating liquor while on duty or while operating a school bus;
commits a Class A misdemeanor.
(c) It is a defense in a prosecution under this section if a controlled
substance is consumed or possessed in accordance with a medical
prescription issued by an Indiana physician to the individual who
consumes or possesses the controlled substance.
SECTION 117. IC 20-28-5-8, AS AMENDED BY P.L.125-2022,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) This section applies when a prosecuting
attorney knows that a licensed employee of a public school or a
nonpublic school has been convicted of an offense listed in subsection
(c). The prosecuting attorney shall immediately give written notice of
the conviction to the following:
(1) The secretary of education.
(2) Except as provided in subdivision (3), the superintendent of
the school corporation that employs the licensed employee or the
equivalent authority if a nonpublic school employs the licensed
employee.
(3) The presiding officer of the governing body of the school
corporation that employs the licensed employee, if the convicted
licensed employee is the superintendent of the school corporation.
(b) The superintendent of a school corporation, presiding officer of
the governing body, or equivalent authority for a nonpublic school shall
immediately notify the secretary of education when the individual
knows that a current or former licensed employee of the public school
or nonpublic school has been convicted of an offense listed in
subsection (c), or when the governing body or equivalent authority for
a nonpublic school takes any final action in relation to an employee
who engaged in any offense listed in subsection (c).
(c) Except as provided in section 8.5 of this chapter, the department
shall permanently revoke the license of a person who is known by the
department to have been convicted of any of the following:
(1) The following felonies:
(A) A sex crime under IC 35-42-4 (including criminal deviate
conduct (IC 35-42-4-2) (before its repeal)).
(B) Kidnapping (IC 35-42-3-2).
(C) Criminal confinement (IC 35-42-3-3).
(D) Incest (IC 35-46-1-3).
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(E) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1).
(F) Dealing in methamphetamine (IC 35-48-4-1.1).
(G) Manufacturing methamphetamine (IC 35-48-4-1.2).
(H) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(I) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(J) Dealing in a schedule V controlled substance
(IC 35-48-4-4).
(K) Dealing in a counterfeit substance (IC 35-48-4-5).
(L) Dealing in marijuana, hash oil, hashish, or salvia as a
felony (IC 35-48-4-10).
(M) An offense under IC 35-48-4 involving the manufacture
or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
synthetic drug lookalike substance (as defined in
IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
IC 35-48-4-10.5 (before its repeal on July 1, 2019), a
controlled substance analog (as defined in IC 35-48-1-9.3),
IC 35-48-1.1-8), or a substance represented to be a controlled
substance (as described in IC 35-48-4-4.6).
(N) Homicide (IC 35-42-1).
(O) Voluntary manslaughter (IC 35-42-1-3).
(P) Reckless homicide (IC 35-42-1-5).
(Q) Battery as any of the following:
(i) A Class A felony (for a crime committed before July 1,
2014) or a Level 2 felony (for a crime committed after June
30, 2014).
(ii) A Class B felony (for a crime committed before July 1,
2014) or a Level 3 felony (for a crime committed after June
30, 2014).
(iii) A Class C felony (for a crime committed before July 1,
2014) or a Level 5 felony (for a crime committed after June
30, 2014).
(R) Aggravated battery (IC 35-42-2-1.5).
(S) Robbery (IC 35-42-5-1).
(T) Carjacking (IC 35-42-5-2) (before its repeal).
(U) Arson as a Class A felony or Class B felony (for a crime
committed before July 1, 2014) or as a Level 2, Level 3, or
Level 4 felony (for a crime committed after June 30, 2014)
(IC 35-43-1-1(a)).
(V) Burglary as a Class A felony or Class B felony (for a crime
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committed before July 1, 2014) or as a Level 1, Level 2, Level
3, or Level 4 felony (for a crime committed after June 30,
2014) (IC 35-43-2-1).
(W) Human trafficking (IC 35-42-3.5).
(X) Dealing in a controlled substance resulting in death
(IC 35-42-1-1.5).
(Y) Attempt under IC 35-41-5-1 to commit an offense listed in
this subsection.
(Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
in this subsection.
(2) Public indecency (IC 35-45-4-1) committed:
(A) after June 30, 2003; or
(B) before July 1, 2003, if the person committed the offense
by, in a public place:
(i) engaging in sexual intercourse or other sexual conduct
(as defined in IC 35-31.5-2-221.5);
(ii) appearing in a state of nudity with the intent to arouse
the sexual desires of the person or another person, or being
at least eighteen (18) years of age, with the intent to be seen
by a child less than sixteen (16) years of age; or
(iii) fondling the person's genitals or the genitals of another
person.
(d) The department shall permanently revoke the license of a person
who is known by the department to have been convicted of a federal
offense or an offense in another state that is comparable to a felony or
misdemeanor listed in subsection (c).
(e) A license may be suspended by the secretary of education as
specified in IC 20-28-7.5.
(f) The department shall develop a data base of information on
school corporation employees who have been reported to the
department under this section.
(g) Upon receipt of information from the office of judicial
administration in accordance with IC 33-24-6-3 concerning persons
convicted of an offense listed in subsection (c), the department shall:
(1) cross check the information received from the office of
judicial administration with information concerning licensed
teachers (as defined in IC 20-18-2-22(b)) maintained by the
department; and
(2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
convicted of an offense described in subsection (c), revoke the
licensed teacher's license.
SECTION 118. IC 21-12-6-5, AS AMENDED BY THE
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TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) Unless a student qualifies under subsection
(b), to qualify to participate in the program, a student must meet the
following requirements:
(1) Be a resident of Indiana.
(2) Be:
(A) enrolled in grade 7 or 8 at a:
(i) public school; or
(ii) nonpublic school that is accredited either by the Indiana
state board of education or by a national or regional
accrediting agency whose accreditation is accepted as a
school improvement plan under IC 20-31-4.1-2; or
(B) otherwise qualified under the rules of the commission that
are adopted under IC 21-18.5-4-9(2) to include students who
are in grades other than grade 8 as eligible students.
(3) Be a member of a household with an annual income of not
more than the amount required for the individual to qualify for
free or reduced priced price lunches under the national school
lunch program, as determined for the immediately preceding
taxable year for the household for which the student was claimed
as a dependent.
(4) Agree that the student will:
(A) graduate from a secondary school located in Indiana that
meets the admission criteria of an eligible institution;
(B) not illegally use controlled substances (as defined in
IC 35-48-1-9); IC 35-48-1.1-7);
(C) not commit a crime or an infraction described in
IC 9-30-5;
(D) not commit any other crime or delinquent act (as described
in IC 31-37-1-2 or IC 31-37-2-2 through IC 31-37-2-5 (or
IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5) before their
repeal));
(E) timely apply, when the eligible student is a senior in high
school:
(i) for admission to an eligible institution; and
(ii) for any federal and state student financial assistance
available to the eligible student to attend an eligible
institution;
(F) achieve a cumulative grade point average upon graduation
of:
(i) at least 2.0, if the student graduates from high school
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before July 1, 2014; and
(ii) at least 2.5, if the student graduates from high school
after June 30, 2014;
on a 4.0 grading scale (or its equivalent if another grading
scale is used) for courses taken during grades 9, 10, 11, and
12; and
(G) complete an academic success program required under the
rules adopted by the commission, if the student initially enrolls
in high school after June 30, 2013.
(b) A student qualifies to participate in the program if the student:
(1) before or during grade 7 or grade 8, is placed by or with the
consent of the department of child services, by a court order, or by
a child placing agency in:
(A) a foster family home;
(B) the home of a relative or other unlicensed caretaker;
(C) a child caring institution; or
(D) a group home;
(2) meets the requirements in subsection (a)(1) through (a)(2);
and
(3) agrees in writing, together with the student's caseworker (as
defined in IC 31-9-2-11) or legal guardian, to the conditions set
forth in subsection (a)(4).
(c) The commission may require that an applicant apply
electronically to participate in the program using an online Internet
application on the commission's website.
SECTION 119. IC 21-12-6-6, AS AMENDED BY P.L.165-2016,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) A student may apply to the commission for
a scholarship. To qualify for a scholarship, the student must meet the
following requirements:
(1) Be an eligible student who qualified to participate in the
program under section 5 of this chapter.
(2) Be a resident of Indiana.
(3) Be a graduate from a secondary school located in Indiana that
meets the admission criteria of an eligible institution and have
achieved a cumulative grade point average in high school of:
(A) at least 2.0 on a 4.0 grading scale, if the student is
expected to graduate from high school before July 1, 2014; and
(B) at least 2.5 on a 4.0 grading scale, if the student is
expected to graduate from high school after June 30, 2014.
(4) Have applied to attend and be accepted to attend as a full-time
student an eligible institution.
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(5) Certify in writing that before the student's graduation from
high school the student:
(A) did not illegally use controlled substances (as defined in
IC 35-48-1-9); IC 35-48-1.1-7);
(B) did not illegally consume alcoholic beverages;
(C) did not commit any other crime or a delinquent act (as
described in IC 31-37-1-2 or IC 31-37-2-2 through
IC 31-37-2-5 (or IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5)
before their repeal));
(D) timely filed an application for other types of financial
assistance available to the student from the state or federal
government; and
(E) completed an academic success program required under
the rules adopted by the commission.
(6) Submit to the commission all the information and evidence
required by the commission to determine eligibility as a
scholarship applicant.
(7) This subdivision applies only to applicants who initially enroll
in the program under section 5 of this chapter or IC 21-12-6.5-2
after June 30, 2011. For purposes of this chapter, applicants who
are enrolled in the program before July 1, 2011, will not have an
income or financial resources test applied to them when they
subsequently apply for a scholarship. Have a lack of financial
resources reasonably available to the applicant, as defined by the
commission, that, in the absence of an award under this chapter,
would deter the scholarship applicant from completing the
applicant's education at the approved postsecondary educational
institution that the applicant has selected and that has accepted
the applicant.
(8) Meet any other minimum criteria established by the
commission.
(b) This section applies to an individual who graduates from high
school after December 31, 2011. To be eligible for a scholarship under
this section, a student must initially attend an eligible institution
described in subsection (a)(4) not later than the fall semester (or its
equivalent, as determined by the commission) in the year immediately
following the year in which the student graduates from high school.
SECTION 120. IC 22-4-8-3, AS AMENDED BY P.L.211-2019,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. "Employment" shall not include the following:
(1) Except as provided in section 2(i) of this chapter, service
performed prior to January 1, 1978, in the employ of this state,
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any other state, any town or city, or political subdivision, or any
instrumentality of any of them, other than service performed in
the employ of a municipally owned public utility as defined in this
article; or service performed in the employ of the United States of
America, or an instrumentality of the United States immune under
the Constitution of the United States from the contributions
imposed by this article, except that to the extent that the Congress
of the United States shall permit states to require any
instrumentalities of the United States to make payments into an
unemployment fund under a state unemployment compensation
statute, all of the provisions of this article shall be applicable to
such instrumentalities, in the same manner, to the same extent,
and on the same terms as to all other employers, employing units,
individuals, and services. However, if this state shall not be
certified for any year by the Secretary of Labor under Section
3304 of the Internal Revenue Code the payments required of such
instrumentalities with respect to that year shall be refunded by the
commissioner from the fund in the same manner and within the
same period as is provided in IC 22-4-32-19 with respect to
contribution erroneously paid or wrongfully assessed.
(2) Service with respect to which unemployment compensation is
payable under an unemployment compensation system
established by an Act of Congress; however, the department is
authorized to enter into agreements with the proper agencies
under the Act of Congress which agreements shall become
effective ten (10) days after publication, in accordance with rules
adopted by the department under IC 4-22-2, to provide reciprocal
treatment to individuals who have, after acquiring potential rights
to benefits under this article, acquired rights to unemployment
compensation under the Act of Congress, or who have, after
having acquired potential rights to unemployment compensation
under the Act of Congress, acquired rights to benefits under this
article.
(3) "Agricultural labor" as provided in section 2(l)(1) of this
chapter shall include only services performed:
(A) on a farm, in the employ of any person, in connection with
cultivating the soil or in connection with raising or harvesting
any agricultural or horticultural commodity, including the
raising, shearing, feeding, caring for, training, and
management of livestock, bees, poultry, and furbearing
animals and wildlife;
(B) in the employ of the owner or tenant or other operator of
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a farm, in connection with the operation, management,
conservation, improvement, or maintenance of a farm and its
tools and equipment, or in salvaging timber or clearing land of
brush and other debris left by a hurricane, if the major part of
the service is performed on a farm;
(C) in connection with the production or harvesting of any
commodity defined as an agricultural commodity in Section
15(g) of the Agricultural Marketing Act (12 U.S.C. 1141j(g))
as amended, or in connection with the operation or
maintenance of ditches, canals, reservoirs, or waterways, not
owned or operated for profit, used exclusively for supplying
and storing water for farming purposes;
(D) in the employ of:
(i) the operator of a farm in handling, planting, drying,
packing, packaging, processing, freezing, grading, storing,
or delivering to storage or to market or to a carrier for
transportation to market, in its unmanufactured state, any
agricultural or horticultural commodity; but only if the
operator produced more than one-half (1/2) of the
commodity with respect to which the service is performed;
or
(ii) a group of operators of farms (or a cooperative
organization of which such operators are members) in the
performance of service described in item (i), but only if the
operators produce more than one-half (1/2) of the
commodity with respect to which the service is performed;
except the provisions of items (i) and (ii) shall not be deemed
to be applicable with respect to service performed in
connection with commercial canning or commercial freezing
or in connection with any agricultural or horticultural
commodity after its delivery to a terminal market for
distribution for consumption; or
(E) on a farm operated for profit if the service is not in the
course of the employer's trade or business or is domestic
service in a private home of the employer.
(4) As used in subdivision (3), "farm" includes stock, dairy,
poultry, fruit, furbearing animals, and truck farms, nurseries,
orchards, greenhouses, or other similar structures used primarily
for the raising of agricultural or horticultural commodities.
(5) Domestic service in a private home, local college club, or
local chapter of a college fraternity or sorority, except as provided
in section 2(m) of this chapter.
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(6) Service performed on or in connection with a vessel or aircraft
not an American vessel or American aircraft, if the employee is
employed on and in connection with the vessel or aircraft when
outside the United States.
(7) Service performed by an individual in the employ of child or
spouse, and service performed by a child under the age of
twenty-one (21) in the employ of a parent.
(8) Service not in the course of the employing unit's trade or
business performed in any calendar quarter by an individual,
unless the cash remuneration paid for the service is fifty dollars
($50) or more and the service is performed by an individual who
is regularly employed by the employing unit to perform the
service. For the purposes of this subdivision, an individual shall
be deemed to be regularly employed to perform service not in the
course of an employing unit's trade or business during a calendar
quarter only if:
(A) on each of some of twenty-four (24) days during the
quarter that the individual performs the service for some
portion of the day; or
(B) the individual was regularly employed (as determined
under clause (A)) by an employing unit in the performance of
a service during the preceding calendar quarter.
(9) Service performed by an individual in any calendar quarter in
the employ of any organization exempt from income tax under
Section 501 of the Internal Revenue Code (except those services
included in sections 2(i) and 2(j) of this chapter) if the
remuneration for the service is less than fifty dollars ($50).
(10) Service performed in the employ of a hospital, if the service
is performed by a patient of the hospital.
(11) Service performed in the employ of a school or eligible
postsecondary educational institution if the service is performed:
(A) by a student who is enrolled and is regularly attending
classes at the school or eligible postsecondary educational
institution; or
(B) by the spouse of a student, if the spouse is advised, at the
time the spouse commences to perform the service, that:
(i) the employment of the spouse to perform the service is
provided under a program to provide financial assistance to
the student by the school or eligible postsecondary
educational institution; and
(ii) the employment will not be covered by any program of
unemployment insurance.
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(12) Service performed by an individual who is enrolled at a
nonprofit or public educational institution which normally
maintains a regular faculty and curriculum and normally has a
regularly organized body of students in attendance at the place
where its educational activities are carried on as a student in a
full-time program, taken for credit at the institution, which
combines academic instruction with work experience, if the
service is an integral part of the program, and the institution has
so certified to the employer, except that this subdivision shall not
apply to service performed in a program established for or on
behalf of an employer or group of employers.
(13) Service performed in the employ of a government foreign to
the United States of America, including service as a consular or
other officer or employee or a nondiplomatic representative.
(14) Service performed in the employ of an instrumentality
wholly owned by a government foreign to that of the United
States of America, if the service is of a character similar to that
performed in foreign countries by employees of the United States
of America or of an instrumentality of the United States of
America, and if the department finds that the Secretary of State of
the United States has certified to the Secretary of the Treasury of
the United States that the government, foreign to the United
States, with respect to whose instrumentality exemption is
claimed, grants an equivalent exemption with respect to similar
service performed in such country by employees of the United
States and of instrumentalities of the United States.
(15) Service performed as a student nurse in the employ of a
hospital or nurses' training school by an individual who is
enrolled and is regularly attending classes in a nurses' training
school chartered or approved pursuant to state law; and service
performed as an intern in the employ of a hospital by an
individual who has completed a four (4) year course in a medical
school chartered or approved pursuant to state law.
(16) Service performed by an individual as an insurance producer
or as an insurance solicitor, if all service performed by the
individual is performed for remuneration solely by way of
commission.
(17) Service performed by an individual:
(A) under the age of eighteen (18) in the delivery or
distribution of newspapers or shopping news, not including
delivery or distribution to any point for subsequent delivery or
distribution; or
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(B) in, and at the time of, the sale of newspapers or magazines
to ultimate consumers, under an arrangement under which the
newspapers or magazines are to be sold by the individual at a
fixed price, the individual's compensation being based on the
retention of the excess of the price over the amount at which
the newspapers or magazines are charged to the individual,
whether or not the individual is guaranteed a minimum amount
of compensation for the service, or is entitled to be credited
with the unsold newspapers or magazines turned back.
(18) Service performed in the employ of an international
organization to the extent the services are excluded from
employment under 26 CFR 31.3306(c)(16).
(19) Except as provided in IC 22-4-7-1, services covered by an
election duly approved by the agency charged with the
administration of any other state or federal unemployment
compensation law in accordance with an arrangement pursuant to
IC 22-4-22-1 through IC 22-4-22-5, during the effective period of
such election.
(20) If the service performed during one-half (1/2) or more of any
pay period by an individual for an employing unit constitutes
employment, all the services of the individual for the period shall
be deemed to be employment; but if the services performed
during more than one-half (1/2) of any pay period by an
individual do not constitute employment, then none of the
services of the individual for the period shall be deemed to be
employment. As used in this subdivision, "pay period" means a
period of not more than thirty-one (31) consecutive days for
which a payment of remuneration is ordinarily made to the
individual by the employing unit. This subdivision shall not be
applicable with respect to services performed in a pay period by
any individual where any service is excepted by subdivision (2).
(21) Service performed by an inmate of a custodial or penal
institution.
(22) Service performed as a precinct election officer (as defined
in IC 3-5-2-40.1). IC 3-5-2.1-82).
(23) Services performed by a direct seller:
(A) in the trade or business of:
(i) selling, or soliciting the sale of, consumer products or
services to any buyer on a buy-sell basis,
deposit-commission basis, or similar basis, in any place
other than in a permanent retail establishment; or
(ii) selling, or soliciting the sale of, consumer products or
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services in any place other than in a permanent retail
establishment;
(B) when substantially all the remuneration, whether or not
paid in cash, for the performance of the services is directly
related to sales or other output, including performance of
services, rather than the number of hours worked; and
(C) when the services performed by the person are performed
pursuant to a written contract and the contract provides that
the person who performs the services will not be treated as an
employee for tax purposes under the contract.
SECTION 121. IC 22-4-15-1, AS AMENDED BY SEA 371-2025,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) Regarding an individual's most recent
separation from employment before filing an initial or additional claim
for benefits, an individual who voluntarily left the employment without
good cause in connection with the work or was discharged from the
employment for just cause is ineligible for waiting period or benefit
rights for the week in which the disqualifying separation occurred and
until:
(1) the individual has earned remuneration in employment in at
least eight (8) weeks; and
(2) the remuneration earned equals or exceeds the product of the
weekly benefit amount multiplied by eight (8).
If the qualification amount has not been earned at the expiration of an
individual's benefit period, the unearned amount shall be carried
forward to an extended benefit period or to the benefit period of a
subsequent claim.
(b) When it has been determined that an individual has been
separated from employment under disqualifying conditions as outlined
in this section, the maximum benefit amount of the individual's current
claim, as initially determined, shall be reduced by an amount
determined as follows:
(1) For the first separation from employment under disqualifying
conditions, the maximum benefit amount of the individual's
current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim, as initially determined; multiplied by
(B) seventy-five percent (75%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(2) For the second separation from employment under
disqualifying conditions, the maximum benefit amount of the
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individual's current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (1); multiplied by
(B) eighty-five percent (85%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(3) For the third and any subsequent separation from employment
under disqualifying conditions, the maximum benefit amount of
the individual's current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (2); multiplied by
(B) ninety percent (90%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(c) The disqualifications provided in this section shall be subject to
the following modifications:
(1) An individual shall not be subject to disqualification because
of separation from the individual's employment if:
(A) the individual left to accept with another employer
previously secured permanent full-time work which offered
reasonable expectation of continued covered employment and
betterment of wages or working conditions and thereafter was
employed on said job;
(B) having been simultaneously employed by two (2)
employers, the individual leaves one (1) such employer
voluntarily without good cause in connection with the work
but remains in employment with the second employer with a
reasonable expectation of continued employment; or
(C) the individual left to accept recall made by a base period
employer.
(2) An individual whose unemployment is the result of medically
substantiated physical disability and who is involuntarily
unemployed after having made reasonable efforts to maintain the
employment relationship shall not be subject to disqualification
under this section for such separation.
(3) An individual who left work to enter the armed forces of the
United States shall not be subject to disqualification under this
section for such leaving of work.
(4) An individual whose employment is terminated under the
compulsory retirement provision of a collective bargaining
agreement to which the employer is a party, or under any other
plan, system, or program, public or private, providing for
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compulsory retirement and who is otherwise eligible shall not be
deemed to have left the individual's work voluntarily without
good cause in connection with the work. However, if such
individual subsequently becomes reemployed and thereafter
voluntarily leaves work without good cause in connection with the
work, the individual shall be deemed ineligible as outlined in this
section.
(5) An otherwise eligible individual shall not be denied benefits
for any week because the individual is in training approved under
Section 236(a)(1) of the Trade Act of 1974, nor shall the
individual be denied benefits by reason of leaving work to enter
such training, provided the work left is not suitable employment,
or because of the application to any week in training of provisions
in this law (or any applicable federal unemployment
compensation law), relating to availability for work, active search
for work, or refusal to accept work. For purposes of this
subdivision, the term "suitable employment" means with respect
to an individual, work of a substantially equal or higher skill level
than the individual's past adversely affected employment (as
defined for purposes of the Trade Act of 1974), and wages for
such work at not less than eighty percent (80%) of the individual's
average weekly wage as determined for the purposes of the Trade
Act of 1974.
(6) An individual is not subject to disqualification because of
separation from the individual's employment if:
(A) the employment was outside the individual's labor market;
(B) the individual left to accept previously secured full-time
work with an employer in the individual's labor market; and
(C) the individual actually became employed with the
employer in the individual's labor market.
(7) An individual who, but for the voluntary separation to move
to another labor market to join a spouse who had moved to that
labor market, shall not be disqualified for that voluntary
separation, if the individual is otherwise eligible for benefits.
Benefits paid to the spouse whose eligibility is established under
this subdivision shall not be charged against the employer from
whom the spouse voluntarily separated.
(8) An individual shall not be subject to disqualification if the
individual voluntarily left employment or was discharged due to
circumstances directly caused by domestic or family violence (as
defined in IC 31-9-2-42). An individual who may be entitled to
benefits based on this modification may apply to the office of the
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attorney general under IC 5-26.5 to have an address designated by
the office of the attorney general to serve as the individual's
address for purposes of this article.
(9) An individual shall not be subject to disqualification if the
individual:
(A) has requested an exemption from an employer's
COVID-19 immunization requirement;
(B) has complied with the requirements set forth in
IC 22-5-4.6; and
(C) was discharged from employment for failing or refusing to
receive an immunization against COVID-19.
As used in this subsection, "labor market" means the area surrounding
an individual's permanent residence, outside which the individual
cannot reasonably commute on a daily basis. In determining whether
an individual can reasonably commute under this subdivision, the
department shall consider the nature of the individual's job.
(d) "Discharge for just cause" as used in this section is defined to
include but not be limited to:
(1) separation initiated by an employer for falsification of an
employment application to obtain employment through
subterfuge;
(2) knowing violation of a reasonable and uniformly enforced rule
of an employer, including a rule regarding attendance;
(3) if an employer does not have a rule regarding attendance, an
individual's unsatisfactory attendance, if good cause for absences
or tardiness is not established;
(4) damaging the employer's property through willful and wanton
misconduct;
(5) refusing to obey instructions;
(6) conduct endangering safety of self or coworkers;
(7) incarceration in jail following conviction of a misdemeanor or
felony by a court of competent jurisdiction; or
(8) any breach of duty in connection with work which is
reasonably owed an employer by an employee.
(e) To verify that domestic or family violence has occurred, an
individual who applies for benefits under subsection (c)(8) shall
provide one (1) of the following:
(1) A report of a law enforcement agency (as defined in
IC 10-13-3-10).
(2) A protection order issued under IC 34-26-5.
(3) A foreign protection order (as defined in IC 34-6-2-48.5).
IC 34-6-2.1-76).
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(4) An affidavit from a domestic violence service provider
verifying services provided to the individual by the domestic
violence service provider.
SECTION 122. IC 22-4-15-6.1, AS AMENDED BY SEA 371-2025,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6.1. (a) Notwithstanding any other provisions of
this article, all of the individual's wage credits established prior to the
day upon which the individual was discharged for gross misconduct in
connection with work are canceled.
(b) As used in this section, "gross misconduct" means any of the
following committed in connection with work, as determined by the
department by a preponderance of the evidence:
(1) A felony.
(2) A Class A misdemeanor.
(3) Working, or reporting for work, in a state of intoxication
caused by the individual's use of alcohol or a controlled substance
(as defined in IC 35-48-1-9), IC 35-48-1.1-7), or consuming
alcohol or a controlled substance (as defined in IC 35-48-1-9)
IC 35-48-1.1-7) on the employer's premises without employer
permission.
(4) Battery on another individual while on the employer's property
or during working hours.
(5) Theft or embezzlement.
(6) Fraud.
(c) If evidence is presented that an action or requirement of the
employer may have caused the conduct that is the basis for the
employee's discharge, the conduct is not gross misconduct under this
section.
(d) Lawful conduct not otherwise prohibited by an employer is not
gross misconduct under this section.
SECTION 123. IC 22-15-5-16, AS AMENDED BY HEA
1167-2025, SECTION 2, AND BY HEA 1637-2025, SECTION 71, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
Sec. 16. (a) A practitioner shall comply with the standards established
under this licensing program. A practitioner is subject to the exercise
of the disciplinary sanctions under IC 22-12-7-7 if the department finds
that a practitioner has:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a license to practice, including
cheating on a licensing examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
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(3) advertised services or goods in a false or misleading manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses provided under this chapter;
(5) been convicted of a crime that has a direct bearing on the
practitioner's ability to continue to practice competently;
(6) knowingly violated a state statute or rule or federal statute or
regulation regulating the profession for which the practitioner is
licensed;
(7) continued to practice although the practitioner has become
unfit to practice due to:
(A) professional incompetence;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or severe dependency on alcohol or
other drugs that endanger the public by impairing a
practitioner's ability to practice safely;
(8) engaged in a course of lewd or immoral conduct in connection
with the delivery of services to the public;
(9) allowed the practitioner's name or a license issued under this
chapter to be used in connection with an individual or business
who renders services beyond the scope of that individual's or
business's training, experience, or competence;
(10) had disciplinary action taken against the practitioner or the
practitioner's license to practice in another state or jurisdiction on
grounds similar to those under this chapter;
(11) assisted another person in committing an act that would
constitute a ground for disciplinary sanction under this chapter;
or
(12) allowed a license issued by the department to be:
(A) used by another person; or
(B) displayed to the public when the license has expired, is
inactive, is invalid, or has been revoked or suspended.
For purposes of subdivision (10), a certified copy of a record of
disciplinary action constitutes prima facie evidence of a disciplinary
action in another jurisdiction.
(b) If an applicant or a practitioner has engaged in or knowingly
cooperated in fraud or material deception to obtain a license to
practice, including cheating on the licensing examination, the
department may rescind the license if it has been granted, void the
examination or other fraudulent or deceptive material, and prohibit the
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applicant from reapplying for the license for a length of time
established by the department.
(c) The department may deny licensure to an applicant who has had
disciplinary action taken against the applicant or the applicant's license
to practice in another state or jurisdiction or who has practiced without
a license in violation of the law. A certified copy of the record of
disciplinary action is conclusive evidence of the other jurisdiction's
disciplinary action.
(d) The department may order a practitioner to submit to a
reasonable physical or mental examination if the practitioner's physical
or mental capacity to practice safely and competently is at issue in a
disciplinary proceeding. Failure to comply with a department order to
submit to a physical or mental examination makes a practitioner liable
to temporary suspension under subsection (h).
(e) Except as provided under subsection (f) or (g), a license may not
be denied, revoked, or suspended because the applicant or holder has
been convicted of an offense. The acts from which the applicant's or
holder's conviction resulted may, however, be considered as to whether
the applicant or holder should be entrusted to serve the public in a
specific capacity.
(f) The department may deny, suspend, or revoke a license issued
under this chapter if the individual who holds the license is convicted
of any of the following:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
(5) Manufacture of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.1(c).
(6) Dealing in paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
its amendment on July 1, 2015).
(8) Possession of marijuana, hash oil, hashish, or salvia as a Class
D felony (for a crime committed before July 1, 2014) or a Level
6 felony (for a crime committed after June 30, 2014) under
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IC 35-48-4-11.
(9) A felony offense under IC 35-48-4 involving possession of a
synthetic drug (as defined in IC 35-31.5-2-321), possession of a
controlled substance analog (as defined in IC 35-48-1-9.3),
IC 35-48-1.1-8), or possession of a synthetic drug lookalike
substance (as defined in IC 35-31.5-2-321.5 (before its repeal on
July 1, 2019)) as a:
(A) Class D felony for a crime committed before July 1, 2014;
or
(B) Level 6 felony for a crime committed after June 30, 2014;
under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
(10) Maintaining a common nuisance under IC 35-48-4-13
(repealed) or IC 35-45-1-5, if the common nuisance involves a
controlled substance.
(11) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(g) The department shall deny, revoke, or suspend a license issued
under this chapter if the individual who holds the license is convicted
of any of the following:
(1) Dealing in a controlled substance resulting in death under
IC 35-42-1-1.5.
(2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
(3) Dealing in methamphetamine under IC 35-48-4-1.1.
(4) Manufacturing methamphetamine under IC 35-48-4-1.2.
(5) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(6) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(7) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(8) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5 (repealed).
(9) Knowingly or intentionally manufacturing, advertising,
distributing, or possessing with intent to manufacture, advertise,
or distribute a substance represented to be a controlled substance
under IC 35-48-4-4.6.
(10) Dealing in a counterfeit substance under IC 35-48-4-5.
(11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
under IC 35-48-4-10.
(12) An offense under IC 35-48-4 involving the manufacture or
sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
synthetic drug lookalike substance (as defined in
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IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
substance analog (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8),
or a substance represented to be a controlled substance (as
described in IC 35-48-4-4.6).
(13) A violation of any federal or state drug law or rule related to
wholesale legend drug distributors licensed under IC 25-26-14.
(h) The department may temporarily suspend a practitioner's license
under IC 4-21.5-4 before a final adjudication or during the appeals
process if the department finds that a practitioner represents a clear and
immediate danger to the public's health, safety, or property if the
practitioner is allowed to continue to practice.
(i) On receipt of a complaint or an information alleging that a person
licensed under this chapter has engaged in or is engaging in a practice
that jeopardizes the public health, safety, or welfare, the department
shall initiate an investigation against the person.
(j) Any complaint filed with the office of the attorney general
alleging a violation of this licensing program shall be referred to the
department for summary review and for its general information and any
authorized action at the time of the filing.
(k) The department shall conduct a fact finding investigation as the
department considers proper in relation to the complaint.
(l) A practitioner may petition the department to accept the
surrender of the practitioner's license. The practitioner may not
surrender the practitioner's license without the written approval of the
department, and the department may impose any conditions appropriate
to the surrender or reinstatement of a surrendered license.
(m) A practitioner who has been subjected to disciplinary sanctions
may be required by the commission to pay the costs of the proceeding.
The practitioner's ability to pay shall be considered when costs are
assessed. If the practitioner fails to pay the costs, a suspension may not
be imposed solely upon the practitioner's inability to pay the amount
assessed. The costs are limited to costs for the following:
(1) Court reporters.
(2) Transcripts.
(3) Certification of documents.
(4) Photo duplication.
(5) Witness attendance and mileage fees.
(6) Postage.
(7) Expert witnesses.
(8) Depositions.
(9) Notarizations.
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SECTION 124. IC 23-17-2-7, AS AMENDED BY P.L.245-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) "Corporation" means a public benefit,
mutual benefit, or religious corporation incorporated under or subject
to this article.
(b) The term does not include a foreign corporation.
(c) For purposes of IC 23-17-24, the term does not include a
homeowners association (as defined in IC 34-6-2-58). IC 34-6-2.1-87).
SECTION 125. IC 23-17-21-2, AS AMENDED BY P.L.118-2017,
SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) A mutual benefit corporation may purchase
the corporation's memberships if, after the purchase is completed:
(1) the corporation would be able to pay the corporation's debts as
the debts become due in the usual course of the corporation's
activities; and
(2) the corporation's total assets would at least equal the sum of
the corporation's total liabilities.
(b) Corporations may make distributions upon dissolution in
conformity with IC 23-0.5-6, IC 23-17-22, or IC 23-17-24.
(c) A corporation may, in conformity with the purposes of the
corporation, make distributions to and confer benefits on a member or
an affiliate that is a governmental entity (as defined under
IC 34-6-2-49) IC 34-6-2.1-77) or a member or an affiliate that is
another nonprofit domestic or foreign entity if, after any distribution is
completed:
(1) the corporation would be able to pay the corporation's debts as
the debts become due in the usual course of the corporation's
activities; and
(2) the corporation's total assets would at least equal the
corporation's total liabilities.
An affiliate is an entity that directly or indirectly controls, is controlled
by, or is under common control with the corporation. Control includes
the power to select the corporation's board of directors.
(d) Corporations may repay loans or advances in accordance with
and to the extent authorized under IC 23-17-7-9.
SECTION 126. IC 24-1-1-5.1, AS ADDED BY P.L.135-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5.1. The attorney general may bring an action on
behalf of the state or a political subdivision (as defined in
IC 34-6-2-110) IC 34-6-2.1-155) for injuries or damages sustained
directly or indirectly as a result of a violation of this chapter.
SECTION 127. IC 24-1-1-5.2, AS ADDED BY P.L.135-2008,
SEA 80 — CC 1
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SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5.2. (a) The attorney general may bring an action
in a county on behalf of the state or a political subdivision (as defined
in IC 34-6-2-110) IC 34-6-2.1-155) for injuries or damages sustained
directly or indirectly as a result of a violation of this chapter.
(b) An action brought under this section may be brought, without
respect to the amount in controversy, in a circuit or superior court in a
county in which the defendant resides or is engaged in business, or in
which service may be obtained.
(c) The plaintiff in an action brought under this section is entitled
to recover a penalty of threefold the damages awarded in the action,
plus reasonable costs and attorney's fees.
SECTION 128. IC 24-1-2-5.1, AS AMENDED BY P.L.6-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5.1. (a) The attorney general may bring an action
on behalf of the state or a political subdivision (as defined in
IC 34-6-2-110) IC 34-6-2.1-155) for one (1) or more of the following,
together with the costs and expenses of the suit, including reasonable
attorney's fees and expert fees, in connection with a violation of this
chapter:
(1) Appropriate injunctive or other equitable relief, including
disgorgement of any gains derived from the violation.
(2) A civil penalty, as prescribed in subsection (c).
(3) Injuries or damages sustained directly or indirectly by the state
or political subdivision as a result of the violation.
(b) The attorney general may bring an action in the name of the state
as parens patriae on behalf of one (1) or more natural persons residing
in Indiana for one (1) or more of the following, together with the costs
and expenses of the suit, including reasonable attorney's fees and
expert fees, in connection with a violation of this chapter:
(1) Appropriate injunctive or other equitable relief, including
disgorgement of any gains derived from the violation.
(2) A civil penalty, as prescribed in subsection (c).
(3) Injuries or damages sustained directly or indirectly by the one
(1) or more natural persons as a result of the violation.
(c) In an action brought under subsection (a) or (b) after June 30,
2023, the attorney general may recover a civil penalty of not more than:
(1) one hundred thousand dollars ($100,000) per violation from
any natural person who violates this chapter; or
(2) one million dollars ($1,000,000) from any other person (as
defined in section 10 of this chapter), other than a natural person,
that violates this chapter.
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SECTION 129. IC 24-1-3-3.1, AS ADDED BY P.L.135-2008,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3.1. The attorney general may bring an action on
behalf of the state or a political subdivision (as defined in
IC 34-6-2-110) IC 34-6-2.1-155) for injuries or damages sustained
directly or indirectly as a result of a:
(1) contract or combination described in section 1 of this chapter;
or
(2) violation of this chapter.
SECTION 130. IC 24-1-4-5, AS ADDED BY P.L.135-2008,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. The attorney general may bring an action on
behalf of the state or any political subdivision (as defined in
IC 34-6-2-110) IC 34-6-2.1-155) that has been directly or indirectly
injured or damaged by:
(1) an arrangement, agreement, trust, or combination described in
section 1 of this chapter; or
(2) any other violation of this chapter.
SECTION 131. IC 24-4-21-1, AS AMENDED BY P.L.190-2019,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
chapter:
(1) "Certificate of analysis" means a certificate from an
independent testing laboratory describing the results of the
laboratory's testing of a sample.
(2) "Independent testing laboratory" means a laboratory:
(A) with respect to which no person having a direct or indirect
interest in the laboratory also has a direct or indirect interest
in a facility that:
(i) processes, distributes, or sells low THC hemp extract, or
a substantially similar substance in another jurisdiction;
(ii) cultivates, processes, distributes, dispenses, or sells
marijuana; or
(iii) cultivates, processes, or distributes hemp; and
(B) that is accredited as a testing laboratory to International
Organization for Standardization (ISO) 17025 by a third party
accrediting body such as the American Association for
Laboratory Accreditation (A2LA) or Assured Calibration and
Laboratory Accreditation Select Services (ACLASS).
(3) "Low THC hemp extract" has the meaning set forth in
IC 35-48-1-17.5. IC 35-48-1.1-27.
SECTION 132. IC 24-4-22-1, AS AMENDED BY P.L.10-2019,
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SECTION 106, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this chapter, "low
THC hemp extract" has the meaning set forth in IC 35-48-1-17.5.
IC 35-48-1.1-27.
SECTION 133. IC 24-5-0.5-4, AS AMENDED BY SEA 464-2025,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) A person relying upon an uncured or
incurable deceptive act may bring an action for the damages actually
suffered as a consumer as a result of the deceptive act or five hundred
dollars ($500), whichever is greater. The court may increase damages
for a willful deceptive act in an amount that does not exceed the greater
of:
(1) three (3) times the actual damages of the consumer suffering
the loss; or
(2) one thousand dollars ($1,000).
Except as provided in subsection (k), the court may award reasonable
attorney's fees to the party that prevails in an action under this
subsection. This subsection does not apply to a consumer transaction
in real property, including a claim or action involving a construction
defect (as defined in IC 32-27-3-1(5)) brought against a construction
professional (as defined in IC 32-27-3-1(4)), except for purchases of
time shares and camping club memberships. This subsection does not
apply with respect to a deceptive act described in section 3(b)(20) of
this chapter. This subsection also does not apply to a violation of
IC 24-4.7, IC 24-5-12, IC 24-5-14, or IC 24-5-14.5. Actual damages
awarded to a person under this section have priority over any civil
penalty imposed under this chapter.
(b) Any person who is entitled to bring an action under subsection
(a) on the person's own behalf against a supplier for damages for a
deceptive act may bring a class action against such supplier on behalf
of any class of persons of which that person is a member and which has
been damaged by such deceptive act, subject to and under the Indiana
Rules of Trial Procedure governing class actions, except as herein
expressly provided. Except as provided in subsection (k), the court may
award reasonable attorney's fees to the party that prevails in a class
action under this subsection, provided that such fee shall be determined
by the amount of time reasonably expended by the attorney and not by
the amount of the judgment, although the contingency of the fee may
be considered. Except in the case of an extension of time granted by the
attorney general under IC 24-10-2-2(b) in an action subject to IC 24-10,
any money or other property recovered in a class action under this
subsection which cannot, with due diligence, be restored to consumers
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within one (1) year after the judgment becomes final shall be returned
to the party depositing the same. This subsection does not apply to a
consumer transaction in real property, except for purchases of time
shares and camping club memberships. This subsection does not apply
with respect to a deceptive act described in section 3(b)(20) of this
chapter. Actual damages awarded to a class have priority over any civil
penalty imposed under this chapter.
(c) The attorney general may bring an action to enjoin an unfair,
abusive, or deceptive act, omission, or practice in connection with a
consumer transaction, including a deceptive act described in section
3(b)(20) of this chapter, notwithstanding subsections (a) and (b).
However, the attorney general may seek to enjoin patterns of incurable
deceptive acts with respect to consumer transactions in real property.
In addition, the court may:
(1) issue an injunction;
(2) order the supplier to make payment of the money unlawfully
received from the aggrieved consumers to be held in escrow for
distribution to aggrieved consumers;
(3) for a knowing violation against a senior consumer, increase
the amount of restitution ordered under subdivision (2) in any
amount up to three (3) times the amount of damages incurred or
value of property or assets lost;
(4) order the supplier to pay to the state the reasonable costs of
the attorney general's investigation and prosecution, expert fees,
and court fees related to the action;
(5) provide for the appointment of a receiver; and
(6) order the department of state revenue to suspend the supplier's
registered retail merchant certificate, subject to the requirements
and prohibitions contained in IC 6-2.5-8-7(a)(5), if the court finds
that a violation of this chapter involved the sale or solicited sale
of a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic
drug lookalike substance (as defined in IC 35-31.5-2-321.5
(repealed)) (before July 1, 2019), a controlled substance analog
(as defined in IC 35-48-1-9.3), IC 35-48-1.1-8), or a substance
represented to be a controlled substance (as described in
IC 35-48-4-4.6).
(d) In an action under subsection (a), (b), (c), or (n) the court may
void or limit the application of contracts or clauses resulting from
deceptive acts and order restitution to be paid to aggrieved consumers.
(e) In any action under subsection (a) or (b), upon the filing of the
complaint or on the appearance of any defendant, claimant, or any
other party, or at any later time, the trial court, the supreme court, or the
SEA 80 — CC 1
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court of appeals may require the plaintiff, defendant, claimant, or any
other party or parties to give security, or additional security, in such
sum as the court shall direct to pay all costs, expenses, and
disbursements that shall be awarded against that party or which that
party may be directed to pay by any interlocutory order by the final
judgment or on appeal.
(f) Any person who violates the terms of an injunction issued under
subsection (c) or (n) shall forfeit and pay to the state a civil penalty of
not more than fifteen thousand dollars ($15,000) per violation. For the
purposes of this section, the court issuing an injunction shall retain
jurisdiction, the cause shall be continued, and the attorney general
acting in the name of the state may petition for recovery of civil
penalties. Whenever the court determines that an injunction issued
under subsection (c) or (n) has been violated, the court shall award
reasonable costs to the state.
(g) If a court finds any person has knowingly violated section 3 or
10 of this chapter, other than section 3(b)(19), 3(b)(20), or 3(b)(40) of
this chapter, the attorney general, in an action pursuant to subsection
(c), may recover from the person on behalf of the state a civil penalty
of a fine not exceeding five thousand dollars ($5,000) per violation.
(h) If a court finds that a person has violated section 3(b)(19) of this
chapter, the attorney general, in an action under subsection (c), may
recover from the person on behalf of the state a civil penalty as follows:
(1) For a knowing or intentional violation, one thousand five
hundred dollars ($1,500).
(2) For a violation other than a knowing or intentional violation,
five hundred dollars ($500).
A civil penalty recovered under this subsection shall be deposited in
the consumer protection division telephone solicitation fund
established by IC 24-4.7-3-6 to be used for the administration and
enforcement of section 3(b)(19) of this chapter.
(i) A senior consumer relying upon an uncured or incurable
deceptive act, including an act related to hypnotism, may bring an
action to recover treble damages, if appropriate.
(j) An offer to cure is:
(1) not admissible as evidence in a proceeding initiated under this
section unless the offer to cure is delivered by a supplier to the
consumer or a representative of the consumer before the supplier
files the supplier's initial response to a complaint; and
(2) only admissible as evidence in a proceeding initiated under
this section to prove that a supplier is not liable for attorney's fees
under subsection (k).
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If the offer to cure is timely delivered by the supplier, the supplier may
submit the offer to cure as evidence to prove in the proceeding in
accordance with the Indiana Rules of Trial Procedure that the supplier
made an offer to cure.
(k) A supplier may not be held liable for the attorney's fees and
court costs of the consumer that are incurred following the timely
delivery of an offer to cure as described in subsection (j) unless the
actual damages awarded, not including attorney's fees and costs, exceed
the value of the offer to cure.
(l) If a court finds that a person has knowingly violated section
3(b)(20) of this chapter, the attorney general, in an action under
subsection (c), may recover from the person on behalf of the state a
civil penalty not exceeding one thousand dollars ($1,000) per
consumer. In determining the amount of the civil penalty in any action
by the attorney general under this subsection, the court shall consider,
among other relevant factors, the frequency and persistence of
noncompliance by the debt collector, the nature of the noncompliance,
and the extent to which the noncompliance was intentional. A person
may not be held liable in any action by the attorney general for a
violation of section 3(b)(20) of this chapter if the person shows by a
preponderance of evidence that the violation was not intentional and
resulted from a bona fide error, notwithstanding the maintenance of
procedures reasonably adapted to avoid the error. A person may not be
held liable in any action for a violation of this chapter for contacting a
person other than the debtor, if the contact is made in compliance with
the Fair Debt Collection Practices Act.
(m) If a court finds that a person has knowingly or intentionally
violated section 3(b)(40) of this chapter, the attorney general, in an
action under subsection (c), may recover from the person on behalf of
the state a civil penalty in accordance with IC 24-5-14.5-12(b). As
specified in IC 24-5-14.5-12(b), a civil penalty recovered under
IC 24-5-14.5-12(b) shall be deposited in the consumer protection
division telephone solicitation fund established by IC 24-4.7-3-6 to be
used for the administration and enforcement of IC 24-5-14.5. In
addition to the recovery of a civil penalty in accordance with
IC 24-5-14.5-12(b), the attorney general may also recover reasonable
attorney fees and court costs from the person on behalf of the state.
Those funds shall also be deposited in the consumer protection division
telephone solicitation fund established by IC 24-4.7-3-6.
(n) An action that arises from, or otherwise involves, an unfair,
abusive, or deceptive act, omission, or practice in connection with a
consumer transaction described in section 2(a)(1)(D)(i) of this chapter
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may be brought and enforced only by the attorney general under this
subsection. An action that arises from, or otherwise involves, an unfair,
abusive, or deceptive act, omission, or practice in connection with a
consumer transaction described in section 2(a)(1)(D)(ii) of this chapter
may be brought and enforced only by an attorney acting on behalf of
the local law enforcement agency involved in the transaction, unless
the local unit of government served by the local law enforcement
agency requests the attorney general to bring and enforce an action
under this subsection on behalf of the local unit. In addition, the court
may:
(1) issue an injunction;
(2) order the supplier to make payment of the money unlawfully
received from the aggrieved consumers to be held in escrow for
distribution to aggrieved consumers; or
(3) order the supplier to pay to:
(A) the attorney acting on behalf of the local law enforcement
agency; or
(B) the attorney general for the state;
as applicable, the reasonable costs of the attorney's or the attorney
general's investigation and prosecution, expert fees, and court fees
related to the action.
The time for bringing an action under subsection (c), as set forth in
section 5(b) of this chapter, applies to an action brought under this
subsection.
SECTION 134. IC 25-1-1.1-2, AS AMENDED BY HEA
1167-2025, SECTION 3, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2. Notwithstanding IC 25-1-7, a
board, a commission, or a committee may suspend, deny, or revoke a
license or certificate issued under this title by the board, the
commission, or the committee without an investigation by the office of
the attorney general if the individual who holds the license or
certificate is convicted of any of the following and the board,
commission, or committee determines, after the individual has
appeared in person, that the offense affects the individual's ability to
perform the duties of the profession:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(c).
(5) Manufacture of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
SEA 80 — CC 1
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committed after June 30, 2014) under IC 35-48-4-8.1(c).
(6) Dealing in paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
its amendment on July 1, 2015).
(8) Possession of marijuana, hash oil, hashish, or salvia as a Class
D felony (for a crime committed before July 1, 2014) or a Level
6 felony (for a crime committed after June 30, 2014) under
IC 35-48-4-11.
(9) A felony offense under IC 35-48-4 involving possession of a
synthetic drug (as defined in IC 35-31.5-2-321), possession of a
controlled substance analog (as defined in IC 35-48-1-9.3),
IC 35-48-1.1-8), or possession of a synthetic drug lookalike
substance (as defined in IC 35-31.5-2-321.5 (before its repeal on
July 1, 2019)) as a:
(A) Class D felony for a crime committed before July 1, 2014;
or
(B) Level 6 felony for a crime committed after June 30, 2014;
under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
(10) Maintaining a common nuisance under IC 35-48-4-13
(repealed) or IC 35-45-1-5, if the common nuisance involves a
controlled substance.
(11) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(12) A sex crime under IC 35-42-4.
(13) A felony that reflects adversely on the individual's fitness to
hold a professional license.
SECTION 135. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. A board, a commission, or a committee shall
revoke or suspend a license or certificate issued under this title by the
board, the commission, or the committee if the individual who holds
the license or certificate is convicted of any of the following:
(1) Dealing in a controlled substance resulting in death under
IC 35-42-1-1.5.
(2) Dealing in or manufacturing cocaine or a narcotic drug under
IC 35-48-4-1.
(3) Dealing in methamphetamine under IC 35-48-4-1.1.
(4) Manufacturing methamphetamine under IC 35-48-4-1.2.
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(5) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(6) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(7) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(8) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5 (before its repeal on July 1,
2019).
(9) Knowingly or intentionally manufacturing, advertising,
distributing, or possessing with intent to manufacture, advertise,
or distribute a substance represented to be a controlled substance
under IC 35-48-4-4.6.
(10) Dealing in a counterfeit substance under IC 35-48-4-5.
(11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
under IC 35-48-4-10.
(12) An offense under IC 35-48-4 involving the manufacture or
sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
synthetic drug lookalike substance (as defined in
IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
substance analog (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8),
or a substance represented to be a controlled substance (as
described in IC 35-48-4-4.6).
(13) A violation of any federal or state drug law or rule related to
wholesale legend drug distributors licensed under IC 25-26-14.
SECTION 136. IC 25-1-9.3-3, AS ADDED BY P.L.28-2019,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. As used in this chapter, "controlled substance"
has the meaning set forth in IC 35-48-1-9. IC 35-48-1.1-7.
SECTION 137. IC 25-1-9.5-8, AS AMENDED BY SEA 473-2025,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) A prescriber may issue a prescription to a
patient who is receiving services through the use of telehealth if the
patient has not been examined previously by the prescriber in person
if the following conditions are met:
(1) The prescriber has satisfied the applicable standard of care in
the treatment of the patient.
(2) The issuance of the prescription by the prescriber is within the
prescriber's scope of practice and certification.
(3) The prescription:
(A) meets the requirements of subsection (b); and
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(B) is not for an opioid. However, an opioid may be prescribed
if the opioid:
(i) has been approved by the federal Food and Drug
Administration for the treatment of opioid addiction; and
(ii) is used to treat or manage opioid dependence.
(4) The prescription is not for an abortion inducing drug (as
defined in IC 16-18-2-1.6).
(5) If the prescription is for a medical device, including an
ophthalmic device, the prescriber must use telehealth technology
that is sufficient to allow the provider to make an informed
diagnosis and treatment plan that includes the medical device
being prescribed. However, a prescription for an ophthalmic
device is also subject to the conditions in section 13 of this
chapter.
(b) Except as provided in subsection (a), a prescriber may issue a
prescription for a controlled substance (as defined in IC 35-48-1-9)
IC 35-48-1.1-7) to a patient who is receiving services through the use
of telehealth, even if the patient has not been examined previously by
the prescriber in person, if the following conditions are met:
(1) The prescriber maintains a valid controlled substance
registration under IC 35-48-3.
(2) The prescriber meets the conditions set forth in 21 U.S.C. 829
et seq., 21 CFR 1300, 1304, and 1306, and any other regulation
enforced by the federal Drug Enforcement Agency.
(3) A practitioner acting in the usual course of the practitioner's
professional practices issues the prescription for a legitimate
medical purpose.
(4) The telehealth communication is conducted using an
audiovisual, real time, two-way interactive communication
system.
(5) The prescriber complies with the requirements of the
INSPECT program (IC 25-26-24).
(6) All other applicable federal and state laws are followed.
(c) A prescription for a controlled substance under this section must
be prescribed and dispensed in accordance with IC 25-1-9.3 and
IC 25-26-24.
SECTION 138. IC 25-1-20-2, AS ADDED BY P.L.166-2021,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. The following definitions apply throughout this
chapter:
(1) "Arising (or arises) from a (or the) state disaster emergency"
means an injury or harm:
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(A) caused by or resulting from an act or omission performed
in response to a state disaster emergency declared under
IC 10-14-3-12 to respond to COVID-19; and
(B) arising from COVID-19 (as defined by IC 34-6-2-10.4(b)).
IC 34-6-2.1-14(b)).
(2) "COVID-19" has the meaning set forth in IC 34-6-2-31.4(c).
IC 34-6-2.1-40(c).
(3) "Health care provider" has the meaning set forth in
IC 4-6-14-2.
(4) "Health care services" has the meaning set forth in
IC 34-6-2-55(b). IC 34-6-2.1-84(b).
SECTION 139. IC 25-23-1-19.5, AS AMENDED BY P.L.9-2022,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 19.5. (a) This section does not apply to certified
registered nurse anesthetists.
(b) The board shall establish a program under which advanced
practice registered nurses who meet the requirements established by
the board are authorized to prescribe drugs, including controlled
substances (as defined in IC 35-48-1-9) IC 35-48-1.1-7) in accordance
with IC 25-1-9.3.
(c) The authority granted by the board under this section:
(1) expires on October 31 of the odd-numbered year following the
year the authority was granted or renewed; and
(2) is subject to renewal indefinitely for successive periods of two
(2) years.
(d) The rules adopted under section 7 of this chapter concerning the
authority of advanced practice registered nurses to prescribe drugs
must do the following:
(1) Require an advanced practice registered nurse or a prospective
advanced practice registered nurse who seeks the authority to
submit an application to the board.
(2) Require an applicant to satisfy the following as a prerequisite
to the initial granting of the authority:
(A) Meet all the qualifications for licensure as a registered
nurse under this article.
(B) Successfully complete:
(i) education requirements determined by the board to be
appropriate to the advanced practice registered nurse's role;
and
(ii) a graduate level course in pharmacology providing at
least two (2) semester hours of academic credit.
(C) Either:
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(i) provide documentation, as requested by the board, that
the applicant has graduated before December 31, 1997, from
an advanced, organized formal education program
appropriate to the practice and that is acceptable to the
board; or
(ii) complete a graduate, postgraduate, or doctoral advanced
practice registered nurse program from an accredited college
or university.
(3) Establish requirements for an advanced practice registered
nurse to comply with national certification or the certification's
equivalence, including a portfolio equivalence, appropriate to the
advanced practice registered nurse's role.
(4) Require, as a condition of the renewal of the authority, the
completion by the advanced practice registered nurse of the
continuing education requirements set out in section 19.7 of this
chapter.
SECTION 140. IC 25-24-3-6, AS AMENDED BY P.L.56-2015,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. As used in this chapter, "legend drug" has the
meaning set forth in IC 16-18-2-199. The term does not include
controlled substances (as defined in IC 35-48-1-9) IC 35-48-1.1-7)
other than Tramadol (Ultram).
SECTION 141. IC 25-26-13-25, AS AMENDED BY P.L.247-2019,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 25. (a) All original prescriptions, whether in
written or electronic format, shall be numbered and maintained in
numerical and chronological order, or in a manner approved by the
board and accessible for at least two (2) years in the pharmacy. A
prescription transmitted from a practitioner by means of
communication other than writing must immediately be reduced to
writing or recorded in an electronic format by the pharmacist. The files
shall be open for inspection to any member of the board or the board's
duly authorized agent or representative.
(b) A prescription may be electronically transmitted from the
practitioner by computer or another electronic device to a pharmacy
that is licensed under this article or any other state or territory. An
electronic data intermediary that is approved by the board:
(1) may transmit the prescription information between the
prescribing practitioner and the pharmacy;
(2) may archive copies of the electronic information related to the
transmissions as necessary for auditing and security purposes; and
(3) must maintain patient privacy and confidentiality of all
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archived information as required by applicable state and federal
laws.
(c) Except as provided in subsection (d), a prescription for any drug,
the label of which bears either the legend, "Caution: Federal law
prohibits dispensing without prescription" or "Rx Only", may not be
refilled without written, electronically transmitted, or oral authorization
of a licensed practitioner.
(d) A prescription for any drug, the label of which bears either the
legend, "Caution: Federal law prohibits dispensing without
prescription" or "Rx Only", may be refilled by a pharmacist without the
written, electronically transmitted, or oral authorization of a licensed
practitioner if all of the following conditions are met:
(1) The pharmacist has made every reasonable effort to contact
the original prescribing practitioner or the practitioner's designee
for consultation and authorization of the prescription refill.
(2) The pharmacist believes that, under the circumstances, failure
to provide a refill would be seriously detrimental to the patient's
health.
(3) The original prescription authorized a refill but a refill would
otherwise be invalid for either of the following reasons:
(A) All of the authorized refills have been dispensed.
(B) The prescription has expired under subsection (h).
(4) The prescription for which the patient requests the refill was:
(A) originally filled at the pharmacy where the request for a
refill is received and the prescription has not been transferred
for refills to another pharmacy at any time; or
(B) filled at or transferred to another location of the same
pharmacy or its affiliate owned by the same parent corporation
if the pharmacy filling the prescription has full access to
prescription and patient profile information that is
simultaneously and continuously updated on the parent
corporation's information system.
(5) The drug is prescribed for continuous and uninterrupted use
and the pharmacist determines that the drug is being taken
properly in accordance with IC 25-26-16.
(6) The pharmacist shall document the following information
regarding the refill:
(A) The information required for any refill dispensed under
subsection (e).
(B) The dates and times that the pharmacist attempted to
contact the prescribing practitioner or the practitioner's
designee for consultation and authorization of the prescription
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refill.
(C) The fact that the pharmacist dispensed the refill without
the authorization of a licensed practitioner.
(7) The pharmacist notifies the original prescribing practitioner
of the refill and the reason for the refill by the practitioner's next
business day after the refill has been made by the pharmacist.
(8) Any pharmacist initiated refill under this subsection may not
be for more than the quantity on the most recent fill or a thirty
(30) day supply, whichever is less.
(9) Not more than one (1) pharmacist initiated refill is dispensed
under this subsection for a single prescription in a six (6) month
period.
(10) The drug prescribed is not a controlled substance.
A pharmacist may not refill a prescription under this subsection if the
practitioner has designated on the prescription form the words "No
Emergency Refill".
(e) When refilling a prescription, the refill record shall include:
(1) the date of the refill;
(2) the quantity dispensed if other than the original quantity; and
(3) the dispenser's identity on:
(A) the original prescription form; or
(B) another board approved, uniformly maintained, readily
retrievable record.
(f) The original prescription form or the other board approved
record described in subsection (e) must indicate by the number of the
original prescription the following information:
(1) The name and dosage form of the drug.
(2) The date of each refill.
(3) The quantity dispensed.
(4) The identity of the pharmacist who dispensed the refill.
(5) The total number of refills for that prescription.
(g) This subsection does not apply:
(1) unless a patient requests a prescription drug supply of more
than thirty (30) days;
(2) to the dispensing of a controlled substance (as defined in
IC 35-48-1-9); IC 35-48-1.1-7); or
(3) if a prescriber indicates on the prescription that the quantity of
the prescription may not be changed.
A pharmacist may dispense, upon request of the patient, personal or
legal representative of the patient, or guardian of the patient, not more
than a ninety (90) day supply of medication if the patient has completed
an initial thirty (30) day supply of the drug therapy and the
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prescription, including any refills, allows a pharmacist to dispense at
least a ninety (90) day supply of the medication. However, a pharmacist
shall comply with state and federal laws and regulations concerning the
dispensing limitations concerning a prescription drug. The pharmacist
shall inform the customer concerning whether the additional supply of
the prescription will be covered under the patient's insurance, if
applicable.
(h) A prescription is valid for not more than one (1) year after the
original date of issue.
(i) A pharmacist may not knowingly dispense a prescription after
the demise of the practitioner, unless in the pharmacist's professional
judgment it is in the best interest of the patient's health.
(j) A pharmacist may not knowingly dispense a prescription after
the demise of the patient.
(k) A pharmacist or a pharmacy shall not resell, reuse, or
redistribute a medication that is returned to the pharmacy after being
dispensed unless the medication:
(1) was dispensed to an individual:
(A) residing in an institutional facility (as defined in 856
IAC 1-28.1-1(6));
(B) in a hospice program under IC 16-25; or
(C) in a county jail or department of correction facility;
(2) was properly stored and securely maintained according to
sound pharmacy practices;
(3) is returned unopened and:
(A) was dispensed in the manufacturer's original:
(i) bulk, multiple dose container with an unbroken tamper
resistant seal; or
(ii) unit dose package; or
(B) was packaged by the dispensing pharmacy in a:
(i) multiple dose blister container; or
(ii) unit dose package;
(4) was dispensed by the same pharmacy as the pharmacy
accepting the return;
(5) is not expired; and
(6) is not a controlled substance (as defined in IC 35-48-1-9),
IC 35-48-1.1-7), unless the pharmacy holds a Category II permit
(as described in section 17 of this chapter).
(l) A pharmacist or a pharmacy shall not resell, reuse, or redistribute
medical devices or medical supplies used for prescription drug therapy
that have been returned to the pharmacy after being dispensed unless
the medical devices or medical supplies:
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(1) were dispensed to an individual in a county jail or department
of correction facility;
(2) are not expired; and
(3) are returned unopened and in the original sealed packaging.
(m) A pharmacist may use the pharmacist's professional judgment
as to whether to accept medication for return under this section.
(n) This subsection does not apply to a controlled substance,
compounded drug, or biological product, or if the prescriber has
indicated adaptation of a prescription is not permitted. A pharmacist,
acting in good faith, exercising reasonable care, and obtaining patient
consent, may do the following:
(1) Change the quantity of a medication prescribed if:
(A) the prescribed quantity or package size is not
commercially available;
(B) the change in quantity is related to a change in dosage
form; or
(C) the change in quantity reflects the intended day supply.
(2) Change the dosage form of the prescription if it is in the best
interest of patient care, if the prescriber's directions are also
modified to equate to an equivalent amount of drug dispensed as
prescribed.
(3) Complete missing information on a prescription if there is
sufficient evidence to support the change.
(4) Extend a maintenance drug for the limited quantity necessary
to coordinate a patient's refills in a medication synchronization
program.
A pharmacist who adapts a prescription in accordance with this
subsection must document the adaptation in the patient's record.
(o) A pharmacist who violates subsection (d) commits a Class A
infraction.
SECTION 142. IC 25-26-24-2.5, AS ADDED BY P.L.264-2019,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2.5. As used in this chapter, "controlled
substance" has the meaning set forth in IC 35-48-1-9. IC 35-48-1.1-7.
The term includes gabapentin.
SECTION 143. IC 25-26-26-7, AS ADDED BY P.L.208-2023,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) As used in this chapter, "prescription drug"
means a drug, as defined in IC 25-26-13-2, that requires a prescription
before being dispensed or administered to a patient.
(b) The term does not include:
(1) an abortion inducing drug (as defined in IC 16-18-2-1.6); or
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(2) controlled substances (as defined in IC 35-48-1-9).
IC 35-48-1.1-7).
SECTION 144. IC 25-29-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. If after a physical or
mental examination under IC 25-1-9-7 and a hearing, the board
determines that a podiatrist is impaired from practicing podiatric
medicine with reasonable skill and safety because of a mental illness,
a physical illness, or an excessive use or habitual abuse of a controlled
substance (as defined in IC 35-48-1-9) IC 35-48-1.1-7) or alcohol the
board may impose any of the following, singly or in combination:
(1) Require the podiatrist to submit to care, counseling, or
treatment that is acceptable to the board.
(2) Suspend, limit, or restrict the podiatrist's license for the
duration of the impairment.
(3) Revoke the podiatrist's license.
SECTION 145. IC 27-1-29-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. As used in this
chapter, "political subdivision" has the meaning set forth in
IC 34-6-2-110. IC 34-6-2.1-155.
SECTION 146. IC 27-1-29.1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. As used in this
chapter, "political subdivision" has the meaning set forth in
IC 34-6-2-110. IC 34-6-2.1-155.
SECTION 147. IC 27-1-45.5-2, AS ADDED BY P.L.117-2021,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. As used in this chapter, "political subdivision"
has the meaning set forth in IC 34-6-2-110. IC 34-6-2.1-155.
SECTION 148. IC 27-13-31-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) As used in this
section, "in good faith and without malice" when used to describe an
action taken or a decision or recommendation made means that:
(1) a reasonable effort has been taken to obtain the facts of the
matter;
(2) a reasonable belief exists that the action, decision, or
recommendation is warranted by the facts known; and
(3) if the action is described in IC 34-30-15-7, the action is made
in compliance with IC 34-30-15-7.
(b) As used in this section, "health care review committee" means
a peer review committee under IC 34-6-2-99 IC 34-6-2.1-145 (or
IC 34-4-12.6-1(c) before its repeal).
(c) In all actions to which this section applies, good faith shall be
presumed and malice shall be required to be proven by the person
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aggrieved.
(d) A person who, in good faith and without malice:
(1) takes any action or makes a decision or recommendation as a
member, an agent, or an employee of a health care review
committee; or
(2) furnishes any record, information, or assistance to a health
care review committee;
is not subject to liability for damages in any legal action in
consequence of that action.
(e) Neither:
(1) the health maintenance organization or limited service health
maintenance organization that established the health care review
committee; or
(2) the officers, directors, employees, or agents of the health
maintenance organization or limited service health maintenance
organization;
are liable for damages in any civil action for the activities of a person
who, in good faith and without malice, takes any action or makes a
decision or recommendation as a member, an agent, or an employee of
a health care review committee, or furnishes any record, information,
or assistance to a health care review committee.
(f) This section does not relieve any person of liability arising from
treatment of a patient or an enrollee, or from a determination of the
reimbursement to be provided under the terms of an insurance policy,
a health maintenance organization contract, or another benefit program
providing payment, reimbursement, or indemnification for health care
costs based on the appropriateness of health care services delivered to
an enrollee.
(g) A health care review committee shall comply with IC 34-6-2-99.
IC 34-6-2.1-145.
SECTION 149. IC 28-9-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. "Person" has the
meaning set forth in IC 3-5-2-36. IC 3-5-2.1-77.
SECTION 150. IC 31-9-2-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 24. "Controlled
substance", for purposes of the juvenile law, has the meaning set forth
in IC 35-48-1. IC 35-48-1.1.
SECTION 151. IC 31-9-2-97.4, AS AMENDED BY P.L.3-2016,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 97.4. "Professional health care provider", for
purposes of IC 31-19-25, has the meaning set forth in IC 34-6-2-117.
IC 34-6-2.1-165.
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SECTION 152. IC 31-19-19-4, AS AMENDED BY P.L.128-2012,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. All papers, records, and information pertaining
to the adoption, whether part of:
(1) the permanent record of the court; or
(2) a file in:
(A) the division of vital records;
(B) the department or local office;
(C) a licensed child placing agency; or
(D) a professional health care provider (as defined in
IC 34-6-2-117); IC 34-6-2.1-165);
are confidential and may be disclosed only in accordance with
IC 31-19-17, this chapter, or IC 31-19-20 through IC 31-19-25.5.
SECTION 153. IC 31-19-21-6, AS AMENDED BY P.L.3-2016,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. The following persons shall provide for the
storage and indexing of consents made under this chapter to carry out
IC 31-19-24 through IC 31-19-25.5:
(1) The state registrar.
(2) The department.
(3) County offices of family and children.
(4) Licensed child placing agencies.
(5) Professional health care providers (as defined in
IC 34-6-2-117). IC 34-6-2.1-165).
(6) Courts.
SECTION 154. IC 31-19-21-7, AS AMENDED BY P.L.128-2012,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. The following persons shall send a copy of a
consent for the release of identifying information and any signed
writing that withdraws or modifies a consent for the release of
identifying information received by the person to the state registrar:
(1) The department.
(2) A local office.
(3) A licensed child placing agency.
(4) A professional health care provider (as defined in
IC 34-6-2-117). IC 34-6-2.1-165).
(5) An attorney.
(6) A court.
SECTION 155. IC 31-19-23-1, AS AMENDED BY P.L.128-2012,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. The following persons shall release
nonidentifying information concerning an adoption in the entity's
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possession to any person described in IC 31-19-18-2(a) upon request:
(1) The state registrar.
(2) The department.
(3) A local office.
(4) A licensed child placing agency.
(5) A professional health care provider (as defined in
IC 34-6-2-117). IC 34-6-2.1-165).
(6) The attorney who arranged the adoption.
(7) A court.
SECTION 156. IC 31-19-24-1, AS AMENDED BY P.L.97-2013,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) Any interested person may file a petition
with any court with probate jurisdiction in Indiana requesting the
release of:
(1) medical information;
(2) nonidentifying information; or
(3) identifying information;
that is not available through the state registrar or not allowed to be
released by the state registrar.
(b) The contents of a petition must include to the best knowledge of
the petitioner the following:
(1) The full name and current address of the petitioner.
(2) The adopted person's:
(A) full name;
(B) sex;
(C) date of birth;
(D) place of birth, if known; and
(E) current address, if known.
(3) The county of the adoption proceeding, if known.
(4) The name and address of the agency that placed the adopted
person, if known.
(5) The full name and current address of the petitioners for
adoption, if any.
(6) The date of the adoption proceeding, if known.
(7) The full name and current address of the birth parents, if
known.
(8) The nature of the:
(A) medical;
(B) identifying; or
(C) nonidentifying;
information being sought.
(9) An affirmation:
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(A) by an attending physician, if medical information is
sought, that indicates:
(i) the nature of the illness;
(ii) that the illness is believed to be hereditary or congenital;
or
(iii) why the information to be sought or shared is necessary
for diagnosis or treatment of any person;
(B) by the petitioner, if medical, identifying, or nonidentifying
information is sought, that sets forth the reasons why the
release of the information may be beneficial to the welfare of
the adoptee, a birth parent, a relative of an adoptee, or a
relative of a birth parent; and
(C) that the medical, identifying, or nonidentifying information
sought:
(i) is not available through the state registrar; or
(ii) is not allowed to be released by the state registrar.
(10) A statement by the petitioner that the petitioner agrees to the
payment of:
(A) a reasonable fee for the services of a confidential
intermediary if a confidential intermediary is appointed under
section 2 of this chapter; and
(B) reasonable fees and any actual expenses of an attorney, a
child placing agency, or a professional health care provider (as
defined in IC 34-6-2-117) IC 34-6-2.1-165) that is requested
to search its records and release information under sections 2
through 11 of this chapter.
(11) A description of the medical, identifying, or nonidentifying
information being sought.
SECTION 157. IC 31-19-24-3, AS AMENDED BY P.L.128-2012,
SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. Whenever the court appoints a confidential
intermediary under section 2(2) of this chapter, the court shall do the
following:
(1) Consider:
(A) the highly emotional and personal issues relating to
adoption;
(B) the privacy rights of both birth parents, adoptees, and
pre-adoptive siblings;
(C) the reasons the medical, identifying, or nonidentifying
information is being sought under section 1 of this chapter;
and
(D) any irreparable harm to a birth parent, an adoptee, or a
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pre-adoptive sibling that may arise if appropriate consideration
is not given to the issues described in clauses (A) through (C).
(2) Provide the confidential intermediary with an order
authorizing the confidential intermediary to search certain records
that may include:
(A) the division of public health statistics;
(B) the department or local office;
(C) any licensed child placing agency; or
(D) any professional health care provider (as defined in
IC 34-6-2-117). IC 34-6-2.1-165).
An order under this subdivision must specify the information to
be sought by the confidential intermediary.
(3) Specify the direct contact, if any, that a confidential
intermediary may have with any person from whom the medical,
identifying, or nonidentifying information is being sought, such
as providing that the confidential intermediary may only inform
the person of the existence of the adoption history program
administered by the state registrar under IC 31-19-18 through
IC 31-19-23, this chapter, IC 31-19-25, and IC 31-19-25.5.
(4) Specify the limitations, if any, that the court considers
necessary to prevent the confidential intermediary's search under
this chapter from resulting in harm to a birth parent, an adoptee,
or a pre-adoptive sibling.
(5) Require the confidential intermediary to affirm under oath that
the confidential intermediary agrees to act in good faith and
perform its responsibilities in accordance with sections 2 through
9 of this chapter.
(6) Instruct the confidential intermediary to act as quickly as
possible.
SECTION 158. IC 31-26-5-3, AS AMENDED BY P.L.183-2017,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) Family preservation services may provide:
(1) comprehensive, coordinated, flexible, and accessible services;
(2) intervention as early as possible with emphasis on establishing
a safe and nurturing environment;
(3) services to families who have members placed in care settings
outside the nuclear family; and
(4) planning options for temporary placement outside the family
if it would endanger the child to remain in the home.
(b) Unless authorized by a juvenile court, family preservation
services may not include a temporary out-of-home placement if a
person who is currently residing in the location designated as the
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out-of-home placement has committed an act resulting in a
substantiated report of child abuse or neglect or has a juvenile
adjudication or a conviction for a nonwaivable offense, as defined in
IC 31-9-2-84.8.
(c) Before placing a child at imminent risk of placement in a
temporary out-of-home placement, the department shall conduct a
criminal history check (as defined in IC 31-9-2-22.5) for each person
described in subsection (b). However, the department is not required
to conduct a criminal history check under this section if the temporary
out-of-home placement is made to an entity or facility that is not a
residence (as defined in IC 3-5-2-42.5) IC 3-5-2.1-90) or that is
licensed by the state.
SECTION 159. IC 31-34-4-2, AS AMENDED BY P.L.46-2024,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: 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 31-9-2-84.8 or had 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.
(f) The department is not required to conduct a criminal history
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check under subsection (d) if the department makes an out-of-home
placement to an entity or a facility that is not a residence (as defined in
IC 3-5-2-42.5) 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)
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 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 31-9-2-84.8 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.
SECTION 160. IC 31-34-18-6.1, AS AMENDED BY P.L.210-2019,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6.1. (a) The predispositional report prepared by
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the department or caseworker must include the following information:
(1) A description of all dispositional options considered in
preparing the report.
(2) An evaluation of each of the options considered in relation to
the plan of care, treatment, rehabilitation, or placement
recommended under the guidelines described in section 4 of this
chapter.
(3) A description of the due diligence efforts that the department
has made to identify all adult relatives of the child.
(4) The name, occupation and position, and any relationship to the
child of each person with whom the preparer of the report
conferred as provided in section 1.1 of this chapter.
(5) The report and recommendations of the dual status assessment
team if the child is a dual status child under IC 31-41.
(b) If the department or caseworker is considering an out-of-home
placement, including placement with a blood or an adoptive relative
caretaker, the department or caseworker shall conduct a criminal
history check (as defined in IC 31-9-2-22.5) for each person who is
currently residing in the location designated as the out-of-home
placement. The results of the criminal history check must be included
in the predispositional report.
(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 3-5-2-42.5);
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.
SECTION 161. IC 31-34-20-1.5, AS AMENDED BY P.L.142-2020,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: 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
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conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
(b) The department or caseworker 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 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 3-5-2-42.5);
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)
as a felony;
(vii) a felony involving a weapon under IC 35-47;
(viii) a felony relating to controlled substances under
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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 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 162. IC 31-37-17-6.1, AS AMENDED BY P.L.101-2022,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6.1. (a) The predispositional report prepared by a
probation officer must include the following information:
(1) A validated risk and needs assessment as described in section
1 of this chapter.
(2) A description of all dispositional options considered in
preparing the report.
(3) An evaluation of each of the options considered in relation to
the plan of care, treatment, rehabilitation, or placement
recommended under the guidelines described in section 4 of this
chapter.
(4) The name, occupation and position, and any relationship to the
child of each person with whom the preparer of the report
conferred as provided in section 1.1 of this chapter.
(5) The items required under section 1 of this chapter.
(6) The results of a dual status screening tool to determine
whether the child is a dual status child as described in
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IC 31-41-1-2.
(b) If a probation officer is considering an out-of-home placement,
including placement with a relative, the probation officer must conduct
a criminal history check (as defined in IC 31-9-2-22.5) for each person
who is currently residing in the location designated as the out-of-home
placement. The results of the criminal history check must be included
in the predispositional report.
(c) A 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 3-5-2-42.5);
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.
SECTION 163. IC 31-37-19-6.5, AS AMENDED BY P.L.142-2020,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: 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
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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 3-5-2-42.5);
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
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)
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
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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 164. IC 31-37-19-13, AS AMENDED BY P.L.111-2021,
SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. (a) This section applies if a child is a
delinquent child under IC 31-37-1 due to the commission of a
delinquent act that, if committed by an adult, would be:
(1) dealing in:
(A) a controlled substance (as defined in IC 35-48-1-9);
IC 35-48-1.1-7); or
(B) a counterfeit substance (as defined in IC 35-48-1-10);
IC 35-48-1.1-9);
(2) possessing:
(A) a controlled substance (as defined in IC 35-48-1-9);
IC 35-48-1.1-7); or
(B) a prescription drug (as defined in IC 35-48-1-25);
IC 35-48-1.1-35);
for which the child does not have a prescription; or
(3) conspiring to commit an act described in subdivision (1) or
(2).
(b) The juvenile court shall, in addition to any other order or decree
the court makes under this chapter, order the bureau of motor vehicles
to invalidate the child's driver's license or permit for a period specified
by the court of at least six (6) months but not more than one (1) year
from the time the child would otherwise be eligible for a learner's
permit.
SECTION 165. IC 31-37-19-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) This section
applies if a child is a delinquent child under IC 31-37-1 due to the
commission of a delinquent act that, if committed by an adult, would
be:
(1) dealing in:
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(A) a controlled substance (as defined in IC 35-48-1-9);
IC 35-48-1.1-7); or
(B) a counterfeit substance (as defined in IC 35-48-1-10);
IC 35-48-1.1-9);
(2) possessing:
(A) a controlled substance (as defined in IC 35-48-1-9);
IC 35-48-1.1-7); or
(B) a prescription drug (as defined in IC 35-48-1-25);
IC 35-48-1.1-35);
for which the child does not have a prescription; or
(3) conspiring to commit an act described in subdivision (1) or
(2).
(b) The juvenile court shall, in addition to any other order or decree
the court makes under this chapter, order the bureau of motor vehicles
not to issue the child a learner's permit for a period specified by the
court of at least six (6) months but not more than one (1) year from the
time the child would otherwise be eligible for a learner's permit.
SECTION 166. IC 32-21-5-7, AS AMENDED BY HEA 1347-2025,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) The Indiana real estate commission
established by IC 25-34.1-2-1 shall adopt a specific disclosure form
that contains the following:
(1) Disclosure by the owner of the known condition of the
following:
(A) The foundation.
(B) The mechanical systems.
(C) The roof.
(D) The structure.
(E) The water and sewer systems.
(F) Additions that may require improvements to the sewage
disposal system.
(G) Other areas that the Indiana real estate commission
determines are appropriate.
(2) Disclosure by the owner of known:
(A) contamination caused by the manufacture of a controlled
substance (as defined by IC 35-48-1-9) IC 35-48-1.1-7) on the
property that has not been certified as decontaminated by a
qualified inspector who is certified under IC 16-19-3.1; or
(B) manufacture of methamphetamine or dumping of waste
from the manufacture of methamphetamine in a residential
structure on the property.
(3) A notice to the prospective buyer that contains substantially
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the following language:
"The prospective buyer and the owner may wish to obtain
professional advice or inspections of the property and provide for
appropriate provisions in a contract between them concerning any
advice, inspections, defects, or warranties obtained on the
property.".
(4) A notice to the prospective buyer that contains substantially
the following language:
"The representations in this form are the representations of the
owner and are not the representations of the agent, if any. This
information is for disclosure only and is not intended to be a part
of any contract between the buyer and owner.".
(5) A disclosure by the owner that an airport is located within a
geographical distance from the property as determined by the
Indiana real estate commission. The commission may consider the
differences between an airport serving commercial airlines and an
airport that does not serve commercial airlines in determining the
distance to be disclosed.
(6) A disclosure by the owner that:
(A) the property is located near a military installation, within
a state area of interest (as defined in IC 36-7-30.2-6), and may
be impacted to some degree by the effects of the installation's
military operations; and
(B) local laws may restrict use and development of the
property to promote compatibility with military installation
operations.
(7) If the owner has personal knowledge of the fact that all or a
portion of the real estate is located within a community's flood
plain boundaries, as indicated in a Federal Emergency
Management Agency Flood Insurance Rate Map, a disclosure by
the owner of that fact.
(8) A disclosure by the owner that the property is located within
a locally designated historic district under IC 36-7-11.
(9) A disclosure by the owner of a conservation easement (as
defined in IC 32-23-5-2).
(b) Responsibility for the disclosure required under subsection
(a)(6) rests solely with the owner of the property and no liability for the
owner's failure to make the required disclosure shall accrue to any third
party. Failure of the owner to make the required disclosure under
subsection (a)(6) shall not:
(1) invalidate the transfer of the property; or
(2) create any encumbrance or lien upon any legal or equitable
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title to the property.
SECTION 167. IC 32-21-13-1, AS ADDED BY P.L.5-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. The definitions in IC 3-5-2 IC 3-5-2.1 apply to
this chapter.
SECTION 168. IC 32-30-8-2, AS AMENDED BY P.L.80-2019,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (d), as
used in this chapter, "property" means a house, a building, a mobile
home, or an apartment that is leased for residential or commercial
purposes.
(b) The term includes:
(1) an entire building or complex of buildings; or
(2) a mobile home community;
and all real property of any nature appurtenant to and used in
connection with the house, building, mobile home, or apartment,
including all individual rental units and common areas.
(c) The term does not include a hotel, motel, or other guest house,
part of which is rented to a transient guest.
(d) For actions brought by the attorney general in relation to the sale
or solicited sale of a synthetic drug (as defined in IC 35-31.5-2-321),
a controlled substance analog (as defined in IC 35-48-1-9.3),
IC 35-48-1.1-8), or a substance represented to be a controlled
substance (as described in IC 35-48-4-4.6), "property" means a house,
a building, a mobile home, or an apartment that is owned or leased for
commercial or residential purposes. The term includes all real property
of any nature appurtenant to and used in connection with the house,
building, mobile home, or apartment.
SECTION 169. IC 32-30-8-10.5, AS AMENDED BY P.L.80-2019,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10.5. In addition to the remedies and penalties
specified in sections 10, 11, 12, and 13 of this chapter, the court may
do any of the following in an action brought under this chapter
concerning the sale or solicited sale of a synthetic drug (as defined in
IC 35-31.5-2-321), a controlled substance analog (as defined in
IC 35-48-1-9.3), IC 35-48-1.1-8), or a substance represented to be a
controlled substance (as described in IC 35-48-4-4.6):
(1) Issue a restraining order against the person subject to
IC 32-30-7-9 and IC 32-30-7-13.
(2) Issue a preliminary injunction, temporary forfeiture, or closure
order pending final decision on a permanent injunction subject to
IC 32-30-7-12.
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(3) Issue an order of abatement subject to IC 32-30-7-22.
SECTION 170. IC 33-23-1-4.5, AS ADDED BY P.L.252-2017,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4.5. "Drug related felony" has the meaning set
forth in IC 35-48-1-16.3. IC 35-48-1.1-17.
SECTION 171. IC 33-23-16-2, AS AMENDED BY P.L.187-2011,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. As used in this chapter, "chemical test" means
an analysis of an individual's:
(1) blood;
(2) breath;
(3) hair;
(4) sweat;
(5) saliva;
(6) urine; or
(7) other bodily substance;
to determine the presence of alcohol, a drug, or a controlled substance
(as defined in IC 35-48-1-9). IC 35-48-1.1-7).
SECTION 172. IC 33-33-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11. A judge or
candidate for judge of the Allen superior court may not:
(1) accept a contribution (as defined in IC 3-5-2-15)
IC 3-5-2.1-27) from any political party, political action committee
(as defined in IC 3-5-2-37), IC 3-5-2.1-78), or regular party
committee (as defined in IC 3-5-2-42); IC 3-5-2.1-89); or
(2) accept more than a total of ten thousand dollars ($10,000) in
contributions from all sources to pay expenses connected with the
candidate's candidacy.
SECTION 173. IC 33-33-49-13.1, AS AMENDED BY HEA
1272-2025, SECTION 30, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 13.1. (a) As used in this chapter:
(1) "close relative" has the meaning set forth in IC 33-23-11-2;
and
(2) "committee" refers to the Marion County judicial selection
committee established by subsection (b).
(b) The Marion County judicial selection committee is established
to:
(1) select nominees for the court; and
(2) make recommendations to the voters concerning the retention
of a judge on the court.
(c) The committee consists of the following fourteen (14) members:
(1) Four (4) members who reside in Marion County, appointed as
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follows:
(A) One (1) member appointed by the speaker of the house of
representatives.
(B) One (1) member appointed by the minority leader of the
house of representatives.
(C) One (1) member appointed by the president pro tempore
of the senate.
(D) One (1) member appointed by the minority leader of the
senate.
A person appointed under this subdivision may not be a member
of the general assembly.
(2) An attorney who resides in Marion County and practices
primarily in the area of criminal law, appointed by the president
of the Indianapolis bar association.
(3) An attorney who resides in Marion County and practices
primarily in the area of criminal law, appointed by the president
of the Marion County bar association.
(4) An attorney who resides in Marion County, appointed by the
president of the Indiana Trial Lawyers Association.
(5) An attorney who resides in Marion County, appointed by the
president of the Defense Trial Counsel of Indiana.
(6) Two (2) members appointed by the chairperson of each major
political party (as defined by IC 3-5-2-30(2)) IC 3-5-2.1-62(2)) in
Marion County. Each of the four (4) members appointed under
this subdivision must reside in Marion County and must reflect
the diversity and makeup of Marion County.
(7) The chief judge of the Indiana Court of Appeals or a designee
of the chief judge who is a judge of the Indiana Court of Appeals.
The chief judge or chief judge's designee serves as the vice
chairperson of the committee ex officio.
(8) The chief justice of Indiana or a designee of the chief justice
who is a justice of the Indiana Supreme Court. The chief justice
or chief justice's designee serves as the chairperson of the
committee ex officio.
(d) If a member of the committee is employed by a law firm, no
other person employed by the same law firm may be appointed to the
committee.
(e) A member of the committee may not be:
(1) a current or former judge of the Marion superior or circuit
court;
(2) a current or former judicial officer appointed by the Marion
superior or circuit court;
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(3) a current or former employee of the Marion superior or circuit
court; or
(4) a close relative of anyone described in subdivision (1), (2), or
(3).
This subsection does not apply to a member appointed under
subsection (c)(7) or (c)(8).
(f) All attorney members of the committee must be in active and
good standing with the Indiana Supreme Court.
(g) Each member of the committee who is not an ex officio member
serves a four (4) year term, beginning on July 1, 2017, and ending on
June 30, 2021. A member of the committee may be reappointed for one
(1) or more additional four (4) year terms. If a member is appointed to
fill a vacancy, the member serves during the unexpired term of the
member's predecessor and may be reappointed for one (1) or more
additional four (4) year terms.
(h) If a vacancy exists on the committee, the appointing authority
who appointed the former member whose position has become vacant
shall appoint an individual to fill the vacancy.
(i) An ex officio member of the committee ceases to be a member
of the committee at the time the person no longer holds the office that
entitles the person to be a member of the committee.
(j) A member of the committee described in subsection (c)(1)
through (c)(6) who no longer resides in Marion County is considered
to have resigned from the committee. A member of the committee who
no longer resides in Marion County shall notify the chairperson in
writing of the member's change in residence.
(k) A quorum consists of nine (9) members of the committee.
(l) The affirmative votes of nine (9) members of the committee are
required for the committee to take official action with respect to any
candidate for judicial office.
(m) The committee shall:
(1) nominate judicial candidates for the court in accordance with
section 13.4 of this chapter; and
(2) make recommendations concerning retention in accordance
with section 13.7 of this chapter.
(n) The committee meets upon the call of the chairperson.
(o) The committee shall meet in the Indiana statehouse or in any
other appropriate location in Marion County, as determined by the
chairperson.
(p) Except as otherwise provided in subsection (q) or otherwise
provided in this chapter, the committee may adopt its own policies and
operating procedures. The policies and procedures must comply with
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IC 5-14-1.5 (the open door law) and this chapter, and must include
procedures by which eligible candidates for a vacancy on the court may
submit their names to the committee. The policies and procedures are
public records, and the meetings of the committee at which the policies
and procedures are considered for initial adoption or amendment must
be publicly announced and open to the public. Applications of
candidates for judicial appointment are public records.
(q) Notwithstanding IC 5-14-1.5-2, the committee is a public agency
for the purposes of IC 5-14-1.5. The committee may meet in executive
session under IC 5-14-1.5-6.1 for the consideration of a candidate for
appointment to or retention on the court if:
(1) notice of the executive session is given in the manner
prescribed by IC 5-14-1.5-5; and
(2) all interviews of candidates are conducted at meetings open to
the public.
(r) Notwithstanding IC 5-14-3-4, all public records (as defined in
IC 5-14-3-2) of the committee are subject to IC 5-14-3-3, including
records described in IC 5-14-3-4(b)(12). However, the following
records are excepted from public inspection and copying at the
discretion of the committee:
(1) Personnel files of committee employees and members and
files of applicants for employment with the committee to the
extent permitted under IC 5-14-3-4(b)(8).
(2) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1,
unless the records are prepared for use in the consideration of a
candidate for retention or judicial appointment.
(3) Investigatory records prepared for the committee until:
(A) the records are considered in connection with the
consideration of a candidate;
(B) the records are publicly discussed by the committee in
connection with the consideration of a candidate;
(C) a candidate elects to have the records released by the
committee; or
(D) the committee elects to release the records that the
committee considers appropriate in response to publicly
disseminated statements relating to the activities or actions of
the committee;
whichever occurs first.
(4) The work product of an attorney (as defined in IC 5-14-3-2)
representing the committee.
(s) When an event described by subsection (r)(3) occurs, the
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investigatory record becomes available for public inspection and
copying under IC 5-14-3-3.
(t) A former member of the committee may not be nominated as a
judge of the court if the person has served as a member of the
committee within the previous five (5) years.
(u) On or before July 1, 2027, and July 1 biennially thereafter, the
committee shall submit a report to the executive director of the
legislative services agency, in an electronic format under IC 5-14-6, for
review by the interim committee on government in accordance with
IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the committee during the preceding two (2) years.
SECTION 174. IC 33-42-9-7, AS AMENDED BY P.L.185-2021,
SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) A notarial act may be performed by the
following individuals:
(1) Notaries public.
(2) An official court reporter acting under IC 33-41-1-6.
(3) Judges and justices of Indiana courts.
(4) The secretary of state.
(5) The clerk of the supreme court.
(6) Mayors, clerks, clerk-treasurers of towns and cities, township
trustees, in their respective towns, cities, and townships.
(7) Clerks of circuit courts and master commissioners in their
respective counties.
(8) Judges of United States district courts of Indiana, in their
respective jurisdictions.
(9) United States commissioners appointed for any United States
district court of Indiana, in their respective jurisdictions.
(10) A precinct election officer (as defined in IC 3-5-2-40.1)
IC 3-5-2.1-82) and an absentee voter board member appointed
under IC 3-11-10 or IC 3-11.5-4, for any purpose authorized
under IC 3.
(11) A member of the Indiana election commission, a co-director
of the election division, or an employee of the election division as
defined under IC 3-6-4.2.
(12) County auditors in their respective counties.
(13) County recorders in their respective counties.
(14) Any member of the Indiana general assembly anywhere in
Indiana.
(15) The adjutant general of the Indiana National Guard, specific
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active duty members, reserve duty members, or civilian
employees of the Indiana National Guard designated by the
adjutant general of the Indiana National Guard for any purpose
related to the service of an active duty or reserve member of the
Indiana National Guard.
(b) The signature and title of an individual performing a notarial act
in Indiana is prima facie evidence of the fact that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
SECTION 175. IC 34-6-2 IS REPEALED [EFFECTIVE JULY 1,
2025]. (Definitions for Civil Law Statute).
SECTION 176. IC 34-6-2.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 2.1. Definitions
Sec. 1. (a) "Actual damages", for purposes of IC 34-15-3,
includes all damages that the plaintiff may have suffered in respect
to the plaintiff's character, property, business, trade, profession, or
occupation.
(b) "Actual damages", for purposes of IC 34-15-4, means all
damages that the plaintiff may have suffered in respect to the
plaintiff's reputation, property, business, trade, profession, or
occupation.
(c) The phrase does not include any other damages.
Sec. 2. "Adult person", for purposes of IC 34-23-1-2, has the
meaning set forth in IC 34-23-1-2(a).
Sec. 3. "Advance payment", for purposes of IC 34-44-2, means
a payment made:
(1) by:
(A) the defendant in an action to recover damages for
personal injuries, wrongful death, or property damage; or
(B) the defendant's insurance company; and
(2) to or for the plaintiff or any other person.
Sec. 4. "Advanced emergency medical technician", for purposes
of IC 34-18, has the meaning set forth in IC 34-18-2-3.5.
Sec. 5. (a) "Advertiser or sponsor", for purposes of IC 34-30-22,
means a person who for political, commercial, educational,
benevolent, or charitable purposes:
(1) donates or contributes money, materials, or products; or
(2) pays fees to advertise or display trademarks;
in connection with an event.
(b) The term does not include a person who exercises primary
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control over an event.
Sec. 6. (a) "Agency", for purposes of IC 34-30-9, has the
meaning set forth in IC 4-20.5-1-3. The term includes any
institution supported by taxes.
(b) "Agency", for purposes of IC 34-52-2, refers to any elected
official or other authority exercising any of the executive, including
administrative, authority of the state. The term does not include
the legislative or judicial department of state government or a
political subdivision.
Sec. 7. "Aggrieved person", for purposes of IC 34-24-2, means
any of the following:
(1) A person who has an interest in property or in an
enterprise that:
(A) is the object of corrupt business influence
(IC 35-45-6-2); or
(B) has suffered damages or harm as a result of corrupt
business influence (IC 35-45-6-2).
(2) An individual whose personal safety is threatened by
criminal organization (as defined in section 42 of this chapter)
activity.
(3) An individual or a business whose property value or
business activity is negatively affected due to criminal
organization (as defined in section 42 of this chapter) activity.
(4) A political subdivision in which criminal organization (as
defined in section 42 of this chapter) activity negatively affects
the property values or business activity of the political
subdivision or the personal safety of the political subdivision's
residents.
(5) The state.
Sec. 8. "Agricultural product", for purposes of IC 34-30-3 and
IC 34-30-5, means a natural product of a farm, a nursery, a grove,
an orchard, a vineyard, a garden, or an apiary. The term includes
trees and firewood.
Sec. 9. "Agritourism activity", for the purposes of IC 34-31-9,
has the meaning set forth in IC 34-31-9-2.
Sec. 10. "Agritourism provider", for the purposes of IC 34-31-9,
has the meaning set forth in IC 34-31-9-3.
Sec. 11. "Ambulance service", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-4.
Sec. 12. "Annual aggregate", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-5.
Sec. 13. "Arising (or arises) from a (or the) state disaster
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emergency", for purposes of IC 34-7-8 and IC 34-30-13.5, means
an injury or harm:
(1) caused by or resulting from an act or omission performed
in response to a state disaster emergency declared under
IC 10-14-3-12 to respond to COVID-19; and
(2) arising from COVID-19.
Sec. 14. (a) "Arising from COVID-19", for purposes of
IC 34-30-32, has the meaning set forth in IC 34-30-32-2.
(b) "Arising from COVID-19", for purposes of section 13 of this
chapter, IC 34-12-5, and IC 34-13-3-3, means an injury or harm
caused by or resulting from:
(1) the actual, alleged, or possible exposure to or contraction
of COVID-19; or
(2) services, treatment, or other actions performed for
COVID-19.
(c) The definition under subsection (b) includes:
(1) the implementation of policies and procedures to:
(A) prevent or minimize the spread of COVID-19; and
(B) reallocate or procure staff or resources for COVID-19;
(2) testing in response to COVID-19;
(3) monitoring, collecting, reporting, tracking, tracing,
disclosing, or investigating COVID-19 exposure or other
COVID-19 related information;
(4) using, designing, manufacturing, providing, donating, or
servicing precautionary, diagnostic, collection, or other health
equipment or supplies, including personal protective
equipment, for COVID-19;
(5) closing or partially closing to prevent or minimize the
spread of COVID-19;
(6) delaying or modifying the scheduling or performance of a
nonemergency medical procedure or appointment due to
COVID-19;
(7) reasonable nonperformance of medical services due to
COVID-19; and
(8) providing services or products in response to government
appeal or repurposing operations to address an urgent need
for personal protective equipment, sanitation products, or
other products necessary to protect the public from
COVID-19.
Sec. 15. "Armory", for purposes of IC 34-30-8, means an
armory constructed and operated under IC 10-16-3 or IC 10-16-4.
Sec. 16. "Asbestos claim", for purposes of IC 34-31-8, has the
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meaning set forth in IC 34-31-8-1.
Sec. 17. "Assisting sheriff", for purposes of IC 34-47-4, means
the sheriff of a county other than the county in which a writ of
attachment has been issued under IC 34-47-4.
Sec. 18. "Auctioneer", for purposes of IC 34-55-6, means an
auctioneer licensed under IC 25-6.1.
Sec. 19. "Authority", for purposes of IC 34-18, has the meaning
set forth in IC 34-18-2-6.
Sec. 20. "Authorized persons", for purposes of IC 34-43-1,
include:
(1) the patient;
(2) a person authorized by the patient to request the records,
if the authorization was made in writing not more than sixty
(60) days before the date of the request for the records;
(3) physicians or other professionals within the hospital;
(4) a person entitled to request health records under
IC 16-39-1-3;
(5) a coroner who is investigating a death under IC 36-2-14-6;
and
(6) any other person designated by order of a court of
competent jurisdiction.
Sec. 21. "Basic life support" has the meaning set forth in
IC 16-18-2-33.5.
Sec. 22. "Beverages", for purposes of IC 34-30-8, includes
alcoholic beverages.
Sec. 23. "Business", for purposes of IC 34-42, means each
business, bank, industry, governmental entity, profession,
occupation, and calling of every kind.
Sec. 24. "Center", for purposes of IC 34-57-3, means a
community dispute resolution center or local program that
provides conciliation, mediation, arbitration, or other dispute
resolution services.
Sec. 25. "Certified copy of a certificate of title", for purposes of
IC 34-40-4, means a document that is:
(1) a copy of a certificate of title for a motor vehicle, by
whatever name designated, that is issued by the bureau of
motor vehicles or a governmental entity in another state;
(2) prepared from a record of the governmental entity issuing
the certificate of title; and
(3) certified by the officer having legal custody of the record
described in subdivision (2) or the officer's deputy.
Sec. 26. "Charitable entity", for purposes of IC 34-30-5, means
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any entity exempted from state gross retail tax under
IC 6-2.5-5-25(a)(1)(B).
Sec. 27. (a) "Child", for purposes of IC 34-23-2, has the meaning
set forth in IC 34-23-2.
(b) "Child", for purposes of IC 34-30-11, includes a child of any
age.
(c) "Child", for purposes of IC 34-30-29, means an individual
less than eighteen (18) years of age who does not have the capacity
to exit a motor vehicle.
(d) "Child", for purposes of IC 34-31-4, means an
unemancipated person who is less than eighteen (18) years of age.
Sec. 28. "Cognovit note", for purposes of IC 34-54-4, means a
negotiable instrument or other written contract to pay money that
contains a provision or stipulation:
(1) giving to any person a power of attorney, or authority as
attorney, for the maker, endorser, assignor, or other person
liable on the negotiable instrument or contract, and in the
name of the maker, endorser, assignor, or other obligor:
(A) to appear in any court, whether of record or inferior;
or
(B) to waive personal service of process;
in any action to enforce payment of money or any part of the
money claimed to be due;
(2) authorizing or purporting to authorize an attorney, agent,
or other representative, however designated, to confess
judgment on the instrument for a sum of money when the sum
is to be ascertained, or the judgment is to be rendered or
entered otherwise than by action of court upon a hearing after
personal service upon the debtor, whether with or without
attorney's fee; or
(3) authorizing or purporting to authorize an attorney, agent,
or representative to:
(A) release errors or the right of appeal from any
judgment; or
(B) consent to the issuance of execution on the judgment.
Sec. 29. "College, university, or junior college", for purposes of
IC 34-18, has the meaning set forth in IC 34-18-2-7.
Sec. 30. "Commissioner", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-8.
Sec. 31. "Community health center", for purposes of IC 34-18,
has the meaning set forth in IC 34-18-2-9.
Sec. 32. "Community intellectual disability center", for
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purposes of IC 34-18, has the meaning set forth in IC 34-18-2-11.
Sec. 33. "Community mental health center", for purposes of
IC 34-18, has the meaning set forth in IC 34-18-2-10.
Sec. 34. (a) "Compensation", for purposes of section 175 of this
chapter, does not include payments:
(1) to reimburse the expenses of a qualified director (as
defined in section 175 of this chapter); and
(2) for per diem.
(b) "Compensation", for purposes of IC 34-30-18, means
anything of value given as payment for performing a function. The
term does not include:
(1) payment for expenses, prizes, or trophies; or
(2) a payment to an individual of fifteen dollars ($15) or less
for performing one (1) or more functions during a day.
(c) "Compensation", for purposes of IC 34-30-19, does not
include the following:
(1) Reimbursement or payment of reasonable expenses
incurred for the benefit of a sports or leisure activity.
(2) Any award, meal, or other gift that does not exceed one
hundred dollars ($100) in value and is given as a token of
appreciation or recognition.
(3) Any per diem payment that does not exceed fifty dollars
($50) for personal services as a referee, umpire, judge, or
assistant to a referee, umpire, or judge.
Sec. 35. "Consumer", for purposes of IC 34-20, means:
(1) a purchaser;
(2) any individual who uses or consumes the product;
(3) any other person who, while acting for or on behalf of the
injured party, was in possession and control of the product in
question; or
(4) any bystander injured by the product who would
reasonably be expected to be in the vicinity of the product
during its reasonably expected use.
Sec. 36. "Corporation", for purposes of IC 34-31-8, has the
meaning set forth in IC 34-31-8-2.
Sec. 37. "Cost of the periodic payments agreement", for
purposes of IC 34-18-14, has the meaning set forth in
IC 34-18-14-1.
Sec. 38. "Costs", for purposes of this article, includes fees.
Sec. 39. (a) "Court", for purposes of IC 34-51-4, refers to the
court awarding a judgment.
(b) "Court", for purposes of IC 34-57-2, has the meaning set
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forth in IC 34-57-2-17.
Sec. 40. (a) "COVID-19", for purposes of IC 34-30-32, has the
meaning set forth in IC 34-30-32-3.
(b) "COVID-19", for purposes of IC 34-30-33, has the meaning
set forth in IC 34-30-33-2.
(c) "COVID-19", for purposes of sections 14 and 84 of this
chapter, IC 34-7-8, IC 34-12-5, IC 34-13-3-3, IC 34-30-13.5-1, and
IC 34-30-13.5-3, has the meaning set forth in IC 34-30-32-3.
Sec. 41. "COVID-19 protective product", for purposes of
IC 34-30-33, has the meaning set forth in IC 34-30-33-2.
Sec. 42. "Criminal organization", for purposes of section 7 of
this chapter, has the meaning set forth in IC 35-45-9-1.
Sec. 43. "Cyber liability" means liability related to use of
computer systems.
Sec. 44. "Daily newspaper", for purposes of IC 34-15-4, means
a newspaper that publishes five (5) or more issues each week.
Sec. 45. "Debt", for purposes of sections 63, 107, 112, 113, and
188 of this chapter and IC 34-55-10, means a legally or an
equitably enforced monetary obligation or liability of an individual
arising out of contract, tort, or otherwise.
Sec. 46. "Department", for purposes of IC 34-13-3-7, refers to
the department of correction.
Sec. 47. "Disclosure", for purposes of IC 34-21.5, has the
meaning set forth in IC 34-21.5-2-1.
Sec. 48. "Distribute", for purposes of IC 34-21.5, has the
meaning set forth in IC 34-21.5-2-1.
Sec. 49. "Domestic animal", for purposes of IC 34-30-30, has the
meaning set forth in IC 34-30-30-1.
Sec. 50. "Domestic or family violence" means, except for an act
of self-defense, the occurrence of at least one (1) of the following
acts committed by a family or household member:
(1) Attempting to cause, threatening to cause, or causing
physical harm to another family or household member.
(2) Placing a family or household member in fear of physical
harm.
(3) Causing a family or household member to involuntarily
engage in sexual activity by force, threat of force, or duress.
(4) Abusing (as described in IC 35-46-3-0.5), torturing (as
described in IC 35-46-3-0.5), mutilating (as described in
IC 35-46-3-0.5), or killing a vertebrate animal without
justification with the intent to threaten, intimidate, coerce,
harass, or terrorize a family or household member.
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For purposes of IC 34-26-5, domestic and family violence also
includes stalking (as defined in IC 35-45-10-1) or a sex offense
under IC 35-42-4, whether or not the stalking or sex offense is
committed by a family or household member.
Sec. 51. "Economically feasible", for purposes of IC 34-55-6,
means a finding by the court that:
(1) a reasonable probability exists that with the use of
auctioneer services a valid and enforceable bid will be made
at the execution for a sale price equal to or greater than the
amount of the judgment and the costs and expenses necessary
to its satisfaction, including the costs of the auctioneer; and
(2) no such probability exists without the use of an auctioneer.
Sec. 52. "Emergency", for purposes of IC 34-30-6, means an
occurrence or an imminent threat of an occurrence that involves
a hazardous substance or compressed gas and that creates the
possibility of harm to any person, to property, or to the
environment.
Sec. 53. "Emergency medical technician", for purposes of
IC 34-18, has the meaning set forth in IC 34-18-2-12.
Sec. 54. (a) "Employee" and "public employee", for purposes of
section 137 of this chapter, IC 34-13-2, IC 34-13-3, IC 34-13-4, and
IC 34-30-14, mean a person presently or formerly acting on behalf
of a governmental entity, whether temporarily or permanently or
with or without compensation, including members of boards,
committees, commissions, authorities, and other instrumentalities
of governmental entities, volunteer firefighters (as defined in
IC 36-8-12-2), and elected public officials.
(b) The term also includes attorneys at law whether employed
by the governmental entity as employees or independent
contractors and physicians licensed under IC 25-22.5 and
optometrists who provide medical or optical care to confined
offenders (as defined in IC 11-8-1) within the course of their
employment by or contractual relationship with the department of
correction. However, the term does not include:
(1) an independent contractor (other than an attorney at law,
a physician, or an optometrist described in this section);
(2) an agent or employee of an independent contractor;
(3) a person appointed by the governor to an honorary
advisory or honorary military position; or
(4) a physician licensed under IC 25-22.5 with regard to a
claim against the physician for an act or omission occurring
or allegedly occurring in the physician's capacity as an
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employee of a hospital.
(c) For purposes of IC 34-13-3 and IC 34-13-4, the term includes
a person that engages in an act or omission before July 1, 2004, in
the person's capacity as:
(1) a contractor under IC 6-1.1-4-32 (repealed);
(2) an employee acting within the scope of the employee's
duties for a contractor under IC 6-1.1-4-32 (repealed);
(3) a subcontractor of the contractor under IC 6-1.1-4-32
(repealed) that is acting within the scope of the
subcontractor's duties; or
(4) an employee of a subcontractor described in subdivision
(3) that is acting within the scope of the employee's duties.
Sec. 55. "Enterprise", for purposes of IC 34-24-2, has the
meaning set forth in IC 35-45-6-1.
Sec. 56. "Equine", for purposes of IC 34-31-5, means a horse,
pony, mule, donkey, or hinny.
Sec. 57. (a) "Equine activity", for purposes of IC 34-31-5,
includes the following:
(1) Equine shows, fairs, competitions, performances, or
parades that involve equines and any of the equine disciplines,
including dressage, hunter and jumper horse shows, grand
prix jumping, three (3) day events, combined training, rodeos,
driving, pulling, cutting, polo, steeplechasing, English and
western performance riding, endurance trail riding and
western games, and hunting.
(2) Equine training or teaching activities.
(3) Boarding equines.
(4) Riding, driving, inspecting, or evaluating an equine,
whether or not monetary consideration or anything of value
is exchanged.
(5) Rides, trips, hunts, or other equine activities of any type
(even if informal or impromptu) that are sponsored by an
equine activity sponsor.
(6) Placing or replacing horseshoes on an equine.
(b) The term does not include being a spectator at an equine
activity.
Sec. 58. "Equine activity sponsor", for purposes of IC 34-31-5,
means a person who sponsors, organizes, or provides facilities for
an equine activity.
Sec. 59. "Equine professional", for purposes of IC 34-31-5,
means a person who, for compensation:
(1) instructs a participant on riding, driving, or being a
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passenger upon an equine;
(2) rents to a participant an equine for the purpose of riding,
driving, or being a passenger upon the equine; or
(3) rents equipment or tack to a participant.
Sec. 60. (a) "Evaluation of patient care", for purposes of
IC 34-30-15, relates to:
(1) the accuracy of diagnosis;
(2) the propriety, appropriateness, quality, or necessity of
care rendered by a professional health care provider; and
(3) the reasonableness of the utilization of services,
procedures, and facilities in the treatment of individual
patients.
(b) The term does not relate to charges for services or to
methods used in arriving at diagnoses.
Sec. 61. "Event", for purposes of section 5 of this chapter and
IC 34-30-22, means:
(1) a performance;
(2) a benefit;
(3) a fundraiser;
(4) an auction;
(5) a meal;
(6) a concert;
(7) a sporting event;
(8) a festival;
(9) a parade;
(10) a reception;
(11) a trade show;
(12) a convention;
(13) an educational program; or
(14) another occasion organized by or for a federally tax
exempt organization.
Sec. 62. "Exempt", for purposes of IC 34-55-10, means
protected from a judicial lien, process, or proceeding to collect a
debt.
Sec. 63. "Exemption", for purposes of IC 34-55-10, means
protection from a judicial lien, process, or proceeding to collect a
debt.
Sec. 64. (a) "Extreme sport area", for purposes of IC 34-13-3,
means an indoor or outdoor ramp, course, or area specifically
designated for the exclusive recreational or sporting use of one (1)
or more types of extreme sport equipment.
(b) The term does not include property used at any time as a
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public sidewalk, footpath, vehicle parking lot, multiple use trail,
multiple use greenway, or other public way.
Sec. 65. "Extreme sport equipment", for purposes of section 64
of this chapter and IC 34-13-3, means any of the following
nonmotorized devices:
(1) Skateboards.
(2) Roller skates.
(3) Inline skates.
(4) Freestyle bicycles.
(5) Mountain bicycles.
(6) An apparatus that is:
(A) wheeled;
(B) recreational or sporting in nature;
(C) powered solely by the physical efforts of the user; and
(D) generally known, as the term is used in Rule 201 of the
Indiana Rules of Evidence, as an apparatus used for
extreme sport.
Sec. 66. "Family law arbitrator", for purposes of IC 34-57-5,
means:
(1) an attorney certified as a family law specialist in Indiana
by an independent certifying organization that is approved
and monitored under Rule 30 of the Rules for Admission to
the Bar;
(2) a private judge qualified under Rule 1.3 of the Indiana
Supreme Court Rules for Alternative Dispute Resolution;
(3) an individual who is a former magistrate or commissioner
of an Indiana court of record; or
(4) an attorney who is a registered domestic relations
mediator under Rule 2.5(B) of the Indiana Supreme Court
Rules for Alternative Dispute Resolution.
Sec. 67. (a) An individual is a "family or household member" of
another person if the individual:
(1) is a current or former spouse of the other person;
(2) is dating or has dated the other person;
(3) is engaged or was engaged in a sexual relationship with the
other person;
(4) is related by blood or adoption to the other person;
(5) is or was related by marriage to the other person;
(6) has or previously had an established legal relationship:
(A) as a guardian of the other person;
(B) as a ward of the other person;
(C) as a custodian of the other person;
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(D) as a foster parent of the other person; or
(E) in a capacity with respect to the other person similar to
those listed in clauses (A) through (D);
(7) has a child in common with the other person; or
(8) has adopted a child of the other person.
(b) An individual is a "family or household member" of both
persons to whom subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5),
(a)(6), (a)(7), or (a)(8) applies if the individual is a minor child of
one (1) of the persons.
Sec. 68. (a) "Fault", for purposes of IC 34-20, means an act or
omission that is negligent, willful, wanton, reckless, or intentional
toward the person or property of others. The term includes the
following:
(1) Unreasonable failure to avoid an injury or to mitigate
damages.
(2) A finding under IC 34-20-2 (or IC 33-1-1.5-3 before its
repeal) that a person is subject to liability for physical harm
caused by a product, notwithstanding the lack of negligence
or willful, wanton, or reckless conduct by the manufacturer
or seller.
(b) "Fault", for purposes of IC 34-51-2 and IC 34-51-6, includes
any act or omission that is negligent, willful, wanton, reckless, or
intentional toward the person or property of others. The term also
includes unreasonable assumption of risk not constituting an
enforceable express consent, incurred risk, and unreasonable
failure to avoid an injury or to mitigate damages.
Sec. 69. "Fees or other expenses", for purposes of IC 34-52-2,
include:
(1) the reasonable expenses of expert witnesses that are found
by a court under IC 34-52-2 to be necessary for the
preparation of the petitioner's case;
(2) the reasonable costs of any:
(A) study;
(B) analysis;
(C) engineering report; or
(D) test project;
that are found by a court under IC 34-52-2 to be necessary for
the preparation of the petitioner's case;
(3) any reasonable discovery expenses, that are found by a
court under IC 34-52-2 to be necessary for the preparation of
the petitioner's case; and
(4) reasonable attorney's fees.
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Sec. 70. "Financial interest", for purposes of IC 34-30-13.5-3,
means an ownership or investment interest through equity, debt,
or other means. The term includes an ownership or investment
interest in an entity that holds, either directly or through a
subsidiary, an ownership or investment interest.
Sec. 71. "Fire control or protection equipment", for purposes of
IC 34-30-10.5, includes vehicles, firefighting tools, protective gear,
breathing apparatuses, and other supplies, equipment, and tools
used in firefighting or emergency rescue.
Sec. 72. "Firearm", for purposes of IC 34-28-7 and IC 34-30-20,
has the meaning set forth in IC 35-47-1-5.
Sec. 73. "Food item", for purposes of IC 34-30-5, means any
item that may be ingested as a normal part of the human diet. The
term includes food that was prepared for serving by a food source
(as defined in section 74 of this chapter) but not served by the food
source.
Sec. 74. "Food source", for purposes of IC 34-30-5, means any
of the following:
(1) A restaurant.
(2) A cafeteria.
(3) A hospital.
(4) A hotel.
(5) A caterer.
(6) A public or a private school, or postsecondary educational
institution.
(7) A fraternal organization or veterans organization.
(8) Any other person that prepares and serves food to
individuals in the ordinary course of that person's business.
Sec. 75. "Foreign judgment", for purposes of IC 34-54-11,
means any judgment, decree or order of:
(1) a court of the United States; or
(2) any other court that is entitled to the full faith and credit
of Indiana.
Sec. 76. "Foreign protection order", for purposes of
IC 34-26-5-17, means a protection order issued by a tribunal of:
(1) another state; or
(2) an Indian tribe;
regardless of whether the protection order was issued in an
independent proceeding or as part of another criminal or civil
proceeding.
Sec. 77. (a) "Governmental entity", for purposes of section 137
of this chapter, IC 34-13-2, IC 34-13-3, and IC 34-13-4, means the
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state or a political subdivision of the state. For purposes of
IC 34-13-2, IC 34-13-3, and IC 34-13-4, the term includes a charter
school.
(b) "Governmental entity", for purposes of section 149(j) of this
chapter, means the state or a political subdivision of the state.
Sec. 78. "Grant recipient", for purposes of IC 34-57-3, means a
nonprofit corporation or an organization that administers a
community dispute resolution center under IC 34-57-3.
Sec. 79. (a) "Gratuitously renders emergency care", for
purposes of IC 34-30-12-1, means the giving of emergency care
(including the use of an automatic external defibrillator):
(1) that was volunteered without legal obligation on the part
of the person rendering the emergency care; and
(2) for which the person rendering the emergency care does
not expect remuneration.
(b) Emergency care may not be considered to be gratuitously
rendered emergency care solely because of the failure to send a bill
for the emergency care.
Sec. 80. (a) "Harassment", for purposes of IC 34-26-5, means
conduct directed toward a victim that includes, but is not limited
to, repeated or continuing impermissible contact:
(1) that would cause a reasonable person to suffer emotional
distress; and
(2) that actually causes the victim to suffer emotional distress.
(b) "Harassment" does not include statutorily or
constitutionally protected activity, such as lawful picketing
pursuant to labor disputes or lawful employer-related activities
pursuant to labor disputes.
Sec. 81. "Hazardous substance", for purposes of IC 34-30-6,
means:
(1) a material or waste that has been determined to be
hazardous or potentially hazardous to any individual, to
property, or to the environment by the United States
Environmental Protection Agency, the federal Nuclear
Regulatory Commission, the United States Department of
Transportation, the environmental rules board, or the United
States Occupational Safety and Health Agency or any agent
or designee of any of the above mentioned boards, agencies,
or commission; or
(2) any substance that may be potentially hazardous to any
person, to property or to the environment.
Sec. 82. "Health care", for purposes of IC 34-18, has the
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meaning set forth in IC 34-18-2-13.
Sec. 83. (a) "Health care provider", for purposes of IC 34-18,
has the meaning set forth in IC 34-18-2-14.
(b) "Health care provider", for purposes of IC 34-30-12.5, has
the meaning set forth in IC 34-30-12.5-2.
Sec. 84. (a) "Health care services":
(1) except as provided in subdivision (2), for purposes of
IC 34-30-13, has the meaning set forth in IC 27-13-1-18(a);
and
(2) for purposes of IC 34-30-13-1.2, means only noninvasive
examinations, treatments, and procedures and the following
invasive procedures:
(A) Routine dental services.
(B) Injections.
(C) Suturing of minor lacerations.
(D) Incisions of boils or superficial abscesses.
The term does not include performance of an abortion,
including abortion by surgical means, by use of an abortion
inducing drug, or by prescribing a controlled substance or
scheduled drug under IC 35-48.
(b) "Health care services", for purposes of IC 34-30-13.5,
means:
(1) any services provided by an individual licensed under:
(A) IC 25-2.5;
(B) IC 25-10;
(C) IC 25-13;
(D) IC 25-14;
(E) IC 25-19;
(F) IC 25-22.5;
(G) IC 25-23;
(H) IC 25-23.5;
(I) IC 25-23.6;
(J) IC 25-24;
(K) IC 25-26;
(L) IC 25-27;
(M) IC 25-27.5;
(N) IC 25-29;
(O) IC 25-33;
(P) IC 25-34.5; or
(Q) IC 25-35.6;
(2) services provided as the result of hospitalization, to an
individual admitted to a health facility licensed under
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IC 16-28, or to a person residing in a housing with services
establishment (as defined by IC 12-10-15-3);
(3) services incidental to the furnishing of services described
in subdivision (1) or (2);
(4) any services by individuals:
(A) licensed as paramedics;
(B) certified as advanced emergency medical technicians;
or
(C) certified as emergency medical technicians under
IC 16-31;
(5) any services provided by individuals certified as
emergency medical responders under IC 16-31;
(6) any services provided by certified health care
professionals who are registered with the Indiana department
of health, including:
(A) certified nurse aides certified under IC 16-28-1-11;
(B) qualified medication aides certified under
IC 16-28-1-11; and
(C) home health aides registered under rules adopted
under IC 16-27-1-7;
(7) any services provided by unlicensed health care
professionals who have successfully completed any applicable
training required by the Indiana department of health;
(8) any services provided by health care volunteers who are
permitted to practice during an event that is declared a
disaster emergency under IC 10-14-3-12 to respond to
COVID-19;
(9) any services provided by individuals with provisional or
temporary licenses who are permitted to practice during an
event that is declared a disaster emergency under
IC 10-14-3-12 to respond to COVID-19; or
(10) any other services or goods furnished for the purpose of
preventing, alleviating, curing, or healing human illness,
physical disability, or injury.
Sec. 85. "Health facility", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-15.
Sec. 86. "Hitchhiker", for purposes of IC 34-30-11, means a
passenger who has solicited a ride in violation of IC 9-21-17-16.
Sec. 87. "Homeowners association", for purposes of section 175
of this chapter, means a corporation or other entity that:
(1) is organized and operated exclusively for the benefit of two
(2) or more persons who each own a dwelling in fee simple;
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and
(2) acts, in accordance with the articles, bylaws, and other
documents governing the entity, to:
(A) acquire, transfer, manage, repair, maintain, or engage
in construction on or in the land and improvements on the
land related to the use of the dwellings owned by the
members of the corporation;
(B) purchase insurance to cover a casualty or an activity
on or in the land and improvements on the land;
(C) engage in an activity incidental to an activity described
in clause (A) or (B); or
(D) engage in more than one (1) of the activities described
in clauses (A) through (C).
Sec. 88. "Hospital", for purposes of IC 34-18, has the meaning
set forth in IC 34-18-2-16.
Sec. 89. "Hospital medical record", for purposes of IC 34-43-1,
means the hospital's clinical record maintained on each hospital
patient as provided in IC 16-18-2-168.
Sec. 90. "Ice skater", for purposes of IC 34-31-6.5, means a
person, including an invitee, who wears ice skates while in an ice
skating rink for the purpose of recreational or competitive ice
skating, whether or not the person pays consideration for entrance
to the skating rink.
Sec. 91. "Ice skating rink", for purposes of IC 34-31-6.5, means
a building, facility, or other property where an area specifically
designed for use for recreational or competitive ice skating is
present.
Sec. 92. "Illegal drug", for purposes of IC 34-24-4, means a drug
that is illegal to distribute under state law.
Sec. 93. "Illegal drug market", for purposes of IC 34-24-4,
means the support system of illegal drug related operations, from
production to retail sales, through which an illegal drug reaches a
drug user.
Sec. 94. "Illegal drug market target community", for purposes
of IC 34-24-4, means the following areas where a person
participates in the illegal drug market:
(1) The county in which the person's place of participation is
located if the person violates a statute concerning possession
or dealing of an illegal drug that is punishable as a Level 6
felony.
(2) The county described in subdivision (1) plus all counties
with a border contiguous to the county if the person violates
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a statute concerning possession or dealing of an illegal drug
that is punishable as a Level 5 felony.
(3) The counties described in subdivision (2) plus all counties
with a border contiguous to those counties if the person
violates a statute concerning possession or dealing of an illegal
drug that is punishable as a Level 3 or Level 4 felony.
(4) Indiana if the person violates a statute in Indiana
concerning possession or dealing of an illegal drug that is
punishable as a Level 1 or Level 2 felony.
Sec. 95. "In good faith", for purposes of IC 34-13-3 and
IC 34-30-15, refers to an act taken:
(1) without malice;
(2) after a reasonable effort to obtain the facts of the matter;
and
(3) in the reasonable belief that the action taken is warranted
by the facts known.
Sec. 96. "Incapacitated", for purposes of IC 34-13-3, has the
meaning set forth in IC 29-3-1-7.5.
Sec. 97. "Indian tribe", for purposes of sections 76, 106, and 170
of this chapter and IC 34-26-5-17, means an Indian:
(1) tribe;
(2) band;
(3) pueblo;
(4) nation; or
(5) organized group or community, including an Alaska
Native village or regional or village corporation as defined in
or established under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.);
that is recognized as eligible for the special programs and services
provided by the United States to Indians because of their special
status as Indians.
Sec. 98. "Individual drug user", for purposes of IC 34-24-4,
means an individual whose illegal drug use is the basis of an action
brought under IC 34-24-4 (or IC 34-1-70 before its repeal).
Sec. 99. "Inherent risks of agritourism activities", for the
purposes of IC 34-31-9, has the meaning set forth in IC 34-31-9-4.
Sec. 100. "Inherent risks of equine activities", for purposes of
IC 34-31-5, means the dangers or conditions that are an integral
part of equine activities, including the following:
(1) The propensity of an equine to behave in ways that may
result in injury, harm, or death to persons on or around the
equine.
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(2) The unpredictability of an equine's reaction to such things
as sound, sudden movement, unfamiliar objects, people, or
other animals.
(3) Hazards such as surface and subsurface conditions.
(4) Collisions with other equines or objects.
(5) The potential of a participant to act in a negligent manner
that may contribute to injury to the participant or others,
such as failing to maintain control over the animal or not
acting within the participant's ability.
Sec. 101. "Innocent successor corporation", for purposes of
IC 34-31-8, has the meaning set forth in IC 34-31-8-3.
Sec. 102. "Insured", for purposes of IC 34-53, means a person
insured by an insurer.
Sec. 103. (a) "Insurer", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-17.
(b) "Insurer", for purposes of IC 34-53, has the meaning set
forth in IC 27-1-2-3.
Sec. 104. "Interested party", for purposes of IC 34-50-2, has the
meaning set forth in IC 34-50-2-1.
Sec. 105. "Intimate image", for purposes of IC 34-21.5, has the
meaning set forth in IC 34-21.5-2-1.
Sec. 106. "Issuing state or Indian tribe", for purposes of
IC 34-26-5-17, means the state or Indian tribe whose tribunal
issues a protection order.
Sec. 107. "Judicial lien", for purposes of sections 63 and 113 of
this chapter, means a lien on property obtained by a judgment,
levy, or another legal or equitable process or proceeding instituted
to collect a debt.
Sec. 108. "Land", for the purposes of IC 34-31-9, has the
meaning set forth in IC 34-31-9-5.
Sec. 109. "Law", as for example "the law relating to other civil
actions", for purposes of IC 34-13-5, means the statutes, including
but not limited to IC 34-13-5 (and IC 34-4-17 before its repeal), and
any applicable rules of the Indiana supreme court on any subject.
Sec. 110. "Law enforcement costs", for purposes of IC 34-24-1,
means:
(1) expenses incurred by the law enforcement agency that
makes a seizure under IC 34-24-1 (or IC 34-4-30.1 before its
repeal) for the criminal investigation associated with the
seizure;
(2) repayment of the investigative fund of the law enforcement
agency that makes a seizure under IC 34-24-1 to the extent
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that the agency can specifically identify any part of the money
as having been expended from the fund; and
(3) expenses of the prosecuting attorney associated with the
costs of proceedings associated with the seizure and the
offenses related to the seizure.
Sec. 111. "Law enforcement officer", for purposes of
IC 34-26-5, has the meaning set forth in IC 35-31.5-2-185.
Sec. 112. "Levy", for purposes of section 107 of this chapter and
IC 34-55-10, means the seizure of property under a writ of
attachment, a garnishment, an execution, or a similar legal or
equitable process issued to collect a debt.
Sec. 113. "Lien", for purposes of section 107 of this chapter and
IC 34-55-10, means a security interest, judicial lien, statutory lien,
common law lien, or another interest in property to secure the
payment of a debt or the performance of an obligation.
Sec. 114. "Lifetime sex or violent offender", for purposes of
IC 34-28-2, has the meaning set forth in IC 34-28-2-1.5.
Sec. 115. "Livestock", for purposes of IC 34-30-5, means any
animal or fowl raised for commercial purposes.
Sec. 116. "Local law enforcement authority", for purposes of
IC 34-28-2, has the meaning set forth in IC 34-28-2-1.5.
Sec. 117. (a) "Loss", for purposes of IC 34-13-3, means injury
to or death of a person or damage to property.
(b) "Loss", for purposes of IC 34-30-6, means injury to or death
of a human being or damage to property or to the environment.
Sec. 118. "Malpractice", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-18.
Sec. 119. (a) "Manufacturer", for purposes of IC 34-20, means
a person or an entity who designs, assembles, fabricates, produces,
constructs, or otherwise prepares a product or a component part
of a product before the sale of the product to a user or consumer.
"Manufacturer" includes a seller who:
(1) has actual knowledge of a defect in a product;
(2) creates and furnishes a manufacturer with specifications
relevant to the alleged defect for producing the product or
who otherwise exercises some significant control over all or a
portion of the manufacturing process;
(3) alters or modifies the product in any significant manner
after the product comes into the seller's possession and before
it is sold to the ultimate user or consumer;
(4) is owned in whole or significant part by the manufacturer;
or
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(5) owns in whole or significant part the manufacturer.
(b) A seller who discloses the name of the actual manufacturer
of a product is not a manufacturer under this section merely
because the seller places or has placed a private label on a product.
Sec. 120. "Manufacturer or supplier", for purposes of
IC 34-30-33, has the meaning set forth in IC 34-30-33-2.
Sec. 121. "Mediation", for purposes of IC 34-57-3, means a
process where at least two (2) disputing parties choose to be guided
to a mutually agreeable solution with the aid of a mediator.
Sec. 122. "Mediator", for purposes of IC 34-57-3, means a
neutral and impartial person who assists in the resolution of a
dispute through the mediation process.
Sec. 123. "Mental health service provider", for purposes of
IC 34-30-16, means any of the following:
(1) A physician licensed under IC 25-22.5.
(2) A hospital licensed under IC 16-21.
(3) A private institution licensed under IC 12-25.
(4) A psychologist licensed under IC 25-33.
(5) A school psychologist licensed by the Indiana state board
of education.
(6) A postsecondary educational institution counseling center
under the direction of a licensed psychologist, physician, or
mental health professional.
(7) A registered nurse or licensed practical nurse licensed
under IC 25-23.
(8) A clinical social worker licensed under IC 25-23.6-5-2.
(9) A partnership, a limited liability company, a corporation,
or a professional corporation (as defined in IC 23-1.5-1-10)
whose partners, members, or shareholders are mental health
service providers described in subdivisions (1) through (6).
(10) A community mental health center (as defined in
IC 12-7-2-38).
(11) A program for the treatment, care, or rehabilitation of
alcohol abusers or drug abusers that is:
(A) certified under IC 12-23-1-6; or
(B) created and funded under IC 12-23-14 or IC 33-23-16.
(12) A state institution (as defined in IC 12-7-2-184).
(13) A provider (as defined in IC 12-7-2-149.1(5)).
Sec. 124. "Migrant health center", for purposes of IC 34-18, has
the meaning set forth in IC 34-18-2-20.
Sec. 125. "Military base", for purposes of IC 34-30-21, means
a United States or an Indiana government military installation
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that:
(1) has an area of at least sixty thousand (60,000) acres and is
used for the design, construction, maintenance, and testing of
electronic devices and ordnance;
(2) has an area of at least nine hundred (900) acres and serves
as an urban training center for military units, civilian
personnel, and first responders; or
(3) has an area of at least five thousand (5,000) acres and
serves as a joint training center for active and reserve
components of the armed forces of the United States.
Sec. 126. "Minor", for purposes of IC 34-28-3, means a person
less than eighteen (18) years of age.
Sec. 127. "Monetary consideration", for the purposes of
IC 34-31-9, has the meaning set forth in IC 34-31-9-6.
Sec. 128. (a) "Motor vehicle", for purposes of IC 34-30-29.2 and
IC 34-40-4, has the meaning set forth in IC 9-13-2-105(a).
(b) "Motor vehicle", for purposes of IC 34-30-30, has the
meaning set forth in IC 34-30-30-2.
Sec. 129. "Moving traffic violation", for purposes of IC 34-28-5,
means a violation of:
(1) a statute defining an infraction; or
(2) an ordinance;
that applies when a motor vehicle is in motion.
Sec. 130. "Municipal corporation", for purposes of IC 34-13-5,
means:
(1) a:
(A) local subdivision of the state; or
(B) public instrumentality or public corporate body
created by state law;
including but not limited to cities, towns, townships, counties,
school corporations, special taxing districts, conservancy
districts, and any other local public instrumentality or
corporation that has the right to sue and be sued;
(2) a corporate or other entity that leases a public
improvement to a municipal corporation; or
(3) the governing body of a municipal corporation and its
members and officers in their official capacity.
Sec. 131. "News service", for purposes of IC 34-15-4, means an
entity that is either a membership association or a corporation with
subscribers that:
(1) gathers and transmits news to its members or subscribers;
and
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(2) maintains an office in Indiana.
Sec. 132. "Noneconomic damages", for purposes of
IC 34-30-29.2, has the meaning set forth in IC 34-30-29.2-2.
Sec. 133. "Nonparty", for purposes of IC 34-51-2, means a
person who caused or contributed to cause the alleged injury,
death, or damage to property but who has not been joined in the
action as a defendant.
Sec. 134. "Nonprofit religious organization", for purposes of
IC 34-31-7, means an organization, a church, a body of
communicants, or a group organized primarily for religious
purposes and not for pecuniary profit that:
(1) operates:
(A) under Section 501 of the Internal Revenue Code or the
Section 501 nonprofit status of the parent organization of
the organization, church, body of communicants, or group;
and
(B) under a constitution, a charter, an article, or a bylaw
containing a clause that provides that upon dissolution, all
remaining assets must:
(i) be used for nonprofit religious purposes; or
(ii) revert to the parent organization for nonprofit
religious purposes; or
(2) operates as a place of worship and is recognized as a
nonprofit organization by the Internal Revenue Service.
Sec. 135. (a) "Offender", for purposes of IC 34-13-3-7, means a
person who is committed to the department of correction or was
committed to the department of correction.
(b) "Offender", for purposes of IC 34-58, means a person who
is committed to the department of correction or incarcerated in a
jail.
Sec. 136. "Offeror", for purposes of IC 34-50, means a party to
a civil action who makes a qualified settlement offer (as defined in
section 176 of this chapter) to a recipient (as defined in section 177
of this chapter) who is an opposing party in the civil action.
Sec. 137. (a) "Operator", for purposes of IC 34-30-3, means a
person who is an owner, a lessee, a tenant, or an occupant of land
or premises that are used in the production of agricultural
products.
(b) "Operator", for purposes of IC 34-31-6, means a person or
an entity, other than a governmental entity or an employee of a
governmental entity, that owns, manages, controls, directs, or has
operational responsibility for a roller skating rink.
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(c) "Operator", for purposes of IC 34-31-6.5, means an
approved postsecondary educational institution (as defined in
IC 21-7-13-6) that owns, manages, controls, directs, or has
operational responsibility for an ice skating rink.
(d) "Operator", for purposes of IC 34-31-11.4, means an:
(1) elementary school (as defined under IC 20-18-2-4);
(2) approved secondary school (as defined under
IC 21-12-1-5); or
(3) approved postsecondary school (as defined under
IC 21-7-13-6);
that owns, manages, controls, directs, or has operational
responsibility for a recreational facility.
Sec. 138. "Paramedic", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-21.
Sec. 139. (a) "Parents", for purposes of IC 34-28-3, means:
(1) the child's birth mother and father who:
(A) is listed as the father on the birth certificate;
(B) is presumed by law under IC 31-14-7 to be the child's
father; or
(C) has established paternity with a court order;
(2) in the case of adoption, the adopting father and mother of
a child;
(3) where custody of a child has been awarded in a court
proceeding to someone other than the mother or father, the
court appointed guardian or custodian of the child;
(4) where the child's parents are divorced, the parent to whom
the divorce decree or modification awards physical custody or
control of the child; or
(5) if the child's parents are living apart, the parent to whom
physical custody or control of the child has been awarded by
a court order.
(b) The term does not include a natural or adopting parent who
has given written consent for the child to be adopted by another (if
the child has been adopted by another), nor does the term include
a child's parent who has lost custody of the child under subsection
(a)(3), (a)(4), or (a)(5).
Sec. 140. "Partially emancipated minor", for purposes of
IC 34-28-3, means a minor who has been given certain limited
authority to contract under IC 34-28-3.
Sec. 141. (a) "Participant", for purposes of IC 34-31-5, means
a person, whether an amateur or a professional, who engages in an
equine activity, whether or not a fee is paid to participate in the
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equine activity.
(b) "Participant", for purposes of IC 34-31-9, has the meaning
set forth in 34-31-9-7.
Sec. 142. "Participate", for purposes of IC 34-28-3, means any
action a person takes:
(1) according to license or authority of the entity that
sanctions a professional automobile or motorcycle racing
event; or
(2) by direction or authority of the race organizer of a
sanctioned event;
including participation as a driver, mechanic, pit crew member, or
unpaid volunteer in and around the pit and race track area.
Sec. 143. (a) "Participate in the illegal drug market", for
purposes of IC 34-24-4, means to:
(1) distribute;
(2) possess with an intent to distribute;
(3) commit an act intended to facilitate the marketing or
distribution of; or
(4) agree to distribute;
an illegal drug.
(b) The term does not include the purchase or receipt of an
illegal drug for personal use only.
Sec. 144. "Patient", for purposes of IC 34-18, has the meaning
set forth in IC 34-18-2-22.
Sec. 145. (a) "Peer review committee", for purposes of
IC 34-30-15, means a committee that:
(1) has the responsibility of evaluation of:
(A) qualifications of professional health care providers;
(B) patient care rendered by professional health care
providers; or
(C) the merits of a complaint against a professional health
care provider that includes a determination or
recommendation concerning the complaint, and the
complaint is based on the competence or professional
conduct of an individual health care provider, whose
competence or conduct affects or could affect adversely the
health or welfare of a patient or patients; and
(2) meets the following criteria:
(A) The committee is organized:
(i) by a state, regional, or local organization of
professional health care providers or by a nonprofit
foundation created by the professional organization for
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purposes of improvement of patient care;
(ii) by the professional staff of a hospital, another health
care facility, a nonprofit health care organization (under
section 165(23) of this chapter), a professional health
care organization, or a medical school located in
Indiana;
(iii) by state or federal law or regulation;
(iv) by a governing board of a hospital, a nonprofit
health care organization (under section 165(23) of this
chapter), or professional health care organization;
(v) as a governing board or committee of the board of a
hospital, a nonprofit health care organization (under
section 165(23) of this chapter), or professional health
care organization;
(vi) by an organization, a plan, or a program described
in section 165(16) through 165(17) of this chapter;
(vii) as a hospital or a nonprofit health care organization
(under section 165(23) of this chapter) medical staff or a
section of that staff;
(viii) as a governing board or committee of the board of
a professional health care provider (as defined in section
165(16) through 165(17) of this chapter); or
(ix) by a perinatal center described in IC 16-21-13.
(B) At least fifty percent (50%) of the committee members
are:
(i) individual professional health care providers, the
governing board of a hospital, the governing board of a
nonprofit health care organization (under section
165(23) of this chapter), or professional health care
organization, or the governing board or a committee of
the board of a professional health care provider (as
defined in section 165(16) through 165(17) of this
chapter); or
(ii) individual professional health care providers and the
committee is organized as an interdisciplinary committee
to conduct evaluation of patient care services.
(b) However, "peer review committee" does not include a
medical review panel created under IC 34-18-10 (or IC 27-12-10
before its repeal).
Sec. 146. "Performance", for purposes of IC 34-30-4, means the
acts of a qualified director pertaining to the setting of policy and
the controlling or overseeing of the activities or functional
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responsibilities of the entity served by the qualified director.
Sec. 147. "Period of illegal drug use", for purposes of
IC 34-24-4, means the time:
(1) of an individual drug user's first use of an illegal drug to
the accrual of the cause of action under this chapter; and
(2) that is presumed to begin two (2) years before the cause of
action accrues unless a defendant in the action proves
otherwise by clear and convincing evidence.
Sec. 148. "Periodic payments agreement", for purposes of
IC 34-18-14, has the meaning set forth in IC 34-18-14-2.
Sec. 149. (a) "Person", for purposes of IC 34-14, has the
meaning set forth in IC 34-14-1-13.
(b) "Person", for purposes of IC 34-11-2-11.5 and IC 34-24-4,
means:
(1) an individual;
(2) a governmental entity;
(3) a corporation;
(4) a firm;
(5) a trust;
(6) a partnership; or
(7) an incorporated or unincorporated association that exists
under or is authorized by the laws of this state, another state,
or a foreign country.
(c) "Person", for purposes of section 67 of this chapter and
IC 34-30-29-1, means an adult or a minor.
(d) "Person", for purposes of IC 34-26-4, has the meaning set
forth in IC 35-31.5-2-234.
(e) "Person", for purposes of IC 34-30-5, means any of the
following:
(1) An individual.
(2) A corporation.
(3) A partnership.
(4) An unincorporated association.
(5) The state (as defined in section 193 of this chapter).
(6) A political subdivision (as defined in section 155 of this
chapter).
(7) Any other entity recognized by law.
(f) "Person", for purposes of IC 34-30-6, means an individual,
a corporation, a limited liability company, a partnership, an
unincorporated association, or a governmental entity that:
(1) has qualifications or experience in:
(A) storing, transporting, or handling a hazardous
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substance or compressed gas;
(B) fighting fires;
(C) emergency rescue; or
(D) first aid care; or
(2) is otherwise qualified to provide assistance appropriate to
remedy or contribute to the remedy of the emergency.
(g) "Person", for purposes of IC 34-30-18, includes:
(1) an individual;
(2) an incorporated or unincorporated organization or
association;
(3) the State of Indiana;
(4) a political subdivision (as defined in IC 36-1-2-13);
(5) an agency of the state or a political subdivision; or
(6) a group of such persons acting in concert.
(h) "Person", for purposes of sections 58, 59, 100, and 141of this
chapter, means an individual, an incorporated or unincorporated
organization or association, or a group of such persons acting in
concert.
(i) "Person", for purposes of IC 34-30-10.5, means the
following:
(1) A political subdivision (as defined in IC 36-1-2-13).
(2) A volunteer fire department (as defined in IC 36-8-12-2).
(3) An employee of an entity described in subdivision (1) or (2)
who acts within the scope of the employee's responsibilities.
(4) A volunteer firefighter (as defined in IC 36-8-12-2) who is
acting for a volunteer fire department.
(5) A corporation, a limited liability company, a partnership,
an unincorporated association, or any other entity recognized
by law.
(j) "Person", for purposes of IC 34-28-7, means:
(1) an individual;
(2) a governmental entity;
(3) a corporation;
(4) a firm;
(5) a trust;
(6) a partnership; or
(7) an incorporated or unincorporated association that exists
under or is authorized by the laws of this state, another state,
or a foreign country.
(k) "Person", for purposes of IC 34-31-9, has the meaning set
forth in IC 34-31-9-8.
(l) "Person", for purposes of IC 34-30-32, has the meaning set
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forth in IC 34-30-32-4.
Sec. 150. "Personnel of a peer review committee", for purposes
of IC 34-30-15, means not only members of the committee but also
all of the committee's employees, representatives, agents, attorneys,
investigators, assistants, clerks, staff, and any other person or
organization who serves a peer review committee in any capacity.
Sec. 151. (a) "Physical harm", for purposes of IC 34-20, means
bodily injury, death, loss of services, and rights arising from any
such injuries, as well as sudden, major damage to property.
(b) The term does not include gradually evolving damage to
property or economic losses from such damage.
Sec. 152. "Physician", for purposes of IC 34-18, has the meaning
set forth in IC 34-18-2-23.
Sec. 153. "Place of illegal drug activity", for purposes of
IC 34-24-4, means each county in which:
(1) an individual drug user possesses or uses an illegal drug;
or
(2) the individual drug user:
(A) resides;
(B) attends school; or
(C) is employed;
during the period of the individual drug user's illegal drug
use;
unless a defendant in an action brought under IC 34-24-4 proves
otherwise by clear and convincing evidence.
Sec. 154. "Place of participation", for purposes of IC 34-24-4,
means each county in which:
(1) a person participates in the illegal drug market; or
(2) the person:
(A) resides;
(B) attends school; or
(C) is employed;
during the period of the person's participation in the illegal
drug market.
Sec. 155. "Political subdivision", for purposes of IC 34-12-3.5
and IC 34-13-3, means a:
(1) county;
(2) township;
(3) city;
(4) town;
(5) separate municipal corporation;
(6) special taxing district;
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(7) state educational institution;
(8) city or county hospital;
(9) school corporation;
(10) board or commission of one (1) of the entities listed in
subdivisions (1) through (9);
(11) drug enforcement task force operated jointly by political
subdivisions;
(12) community correctional service program organized
under IC 12-12-1; or
(13) solid waste management district established under
IC 13-21 or IC 13-9.5-2 (before its repeal).
Sec. 156. "Position of the agency", for purposes of IC 34-52-2,
means the litigation stance taken by the state in a civil action
subject to IC 34-52-2.
Sec. 157. "Possessor of land", for purposes of IC 34-31-11, has
the meaning set forth in IC 34-31-11-1.
Sec. 158. "Practitioner", for purposes of IC 34-30-14, means a
person described in IC 16-42-19-5 who acts within the scope of the
practitioner's practice.
Sec. 159. "Prejudgment interest", for purposes of IC 34-51-4,
means interest on the amount of a judgment that is computed for
a period preceding the date that the court returns a verdict or
finding in the proceeding.
Sec. 160. "Premises", for purposes of IC 34-30-32, has the
meaning set forth in IC 34-30-32-5.
Sec. 161. "Prior civil law and procedure", for purposes of
IC 34-7, refers to the statutes that are repealed or amended in the
recodification act of the 1998 regular session of the general
assembly as the statutes existed before the effective date of the
applicable or corresponding provision of the recodification act of
the 1998 regular session of the general assembly.
Sec. 162. (a) "Product", for purposes of IC 34-20, means any
item or good that is personalty at the time it is conveyed by the
seller to another party.
(b) The term does not apply to a transaction that, by its nature,
involves wholly or predominantly the sale of a service rather than
a product.
Sec. 163. "Product liability action", for purposes of IC 34-20,
means an action that is brought:
(1) against a manufacturer or seller of a product; and
(2) for or on account of physical harm;
regardless of the substantive legal theory or theories upon which
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the action is brought.
Sec. 164. "Professional health care organization", for purposes
of IC 34-30-15, refers to an organization described in section
165(14) or 165(25) of this chapter.
Sec. 165. "Professional health care provider", for purposes of
IC 34-30-15, means:
(1) a physician licensed under IC 25-22.5;
(2) a dentist licensed under IC 25-14;
(3) a hospital licensed under IC 16-21;
(4) a podiatrist licensed under IC 25-29;
(5) a chiropractor licensed under IC 25-10;
(6) an optometrist licensed under IC 25-24;
(7) a psychologist licensed under IC 25-33;
(8) a pharmacist licensed under IC 25-26;
(9) a health facility licensed under IC 16-28-2;
(10) a registered or licensed practical nurse licensed under
IC 25-23;
(11) a physical therapist licensed under IC 25-27;
(12) a home health agency licensed under IC 16-27-1;
(13) a community mental health center (as defined in
IC 12-7-2-38);
(14) a health care organization whose members, shareholders,
subsidiaries, affiliates, or partners are:
(A) professional health care providers described in
subdivisions (1) through (13);
(B) professional corporations comprised of health care
professionals (as defined in IC 23-1.5-1-8); or
(C) professional health care providers described in
subdivisions (1) through (13) and professional corporations
comprised of persons described in subdivisions (1) through
(13);
(15) a private psychiatric hospital licensed under IC 12-25;
(16) a preferred provider organization (including a preferred
provider arrangement or reimbursement agreement under
IC 27-8-11);
(17) a health maintenance organization (as defined in
IC 27-13-1-19) or a limited service health maintenance
organization (as defined in IC 27-13-34-4);
(18) a respiratory care practitioner licensed under IC 25-34.5;
(19) an occupational therapist licensed under IC 25-23.5;
(20) a state institution (as defined in IC 12-7-2-184);
(21) a clinical social worker who is licensed under
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IC 25-23.6-5-2;
(22) a provider (as defined in IC 12-7-2-149.1(5));
(23) a nonprofit health care organization affiliated with a
hospital that is owned or operated by a religious order, whose
members are members of that religious order;
(24) a nonprofit health care organization with one (1) or more
hospital affiliates;
(25) a health care organization that owns or controls, in whole
or in part, one (1) or more entities described in subdivisions
(1) through (24);
(26) a provider organization (as defined in IC 16-18-2-296);
(27) a paramedic licensed under IC 16-31;
(28) an emergency medical technician certified under
IC 16-31;
(29) an emergency medical responder certified under
IC 16-31; or
(30) an advanced emergency medical technician certified
under IC 16-31.
Sec. 166. "Professional staff", for purposes of IC 34-30-15,
means:
(1) all individual professional health care providers
authorized to provide health care in a hospital or other health
care facility; or
(2) the multidisciplinary staff of a community mental health
center (as defined in IC 12-7-2-38).
Sec. 167. "Program", for purposes of IC 34-57-3, refers to the
community dispute resolution centers program established under
IC 34-57-3-2.
Sec. 168. (a) "Property", for purposes of IC 34-24-2, has the
meaning set forth in IC 35-31.5-2-253.
(b) "Property", for purposes of IC 34-30-9, includes the
following:
(1) Real property.
(2) Private ways.
(3) Waters.
(4) A structure located on property listed in subdivisions (1)
through (3).
Sec. 169. "Protected person" means a petitioner or a family or
household member of the petitioner who is protected by the terms
of a civil protection order issued under IC 34-26-5.
Sec. 170. (a) "Protection order" or "order for protection", for
purposes of sections 76, 169, and 182 of this chapter and
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IC 34-26-5, means an injunction or other order issued by a tribunal
of the issuing state or Indian tribe to prevent an individual from:
(1) engaging in violent or threatening acts against;
(2) engaging in harassment of;
(3) engaging in contact or communication with; or
(4) being in physical proximity to;
another person, including temporary and final orders issued by
civil and criminal courts.
(b) The term does not include a support or child custody order
issued under the dissolution and child custody laws of a state or
Indian tribe, except to the extent that the order qualifies as a
protection order under subsection (a) and is entitled to full faith
and credit under a federal law other than 18 U.S.C. 2265.
(c) The term applies to an order regardless of whether the order
is obtained by filing an independent action or as a pendente lite
order in another proceeding if any civil order was issued in
response to a complaint, petition, or motion filed by or on behalf of
a person seeking protection.
Sec. 171. "Protection order records", for purposes of
IC 34-26-7.5, has the meaning set forth in IC 34-26-7.5-2.
Sec. 172. "Psychiatric hospital", for purposes of IC 34-18, has
the meaning set forth in IC 34-18-2-24.
Sec. 173. "Public employee", for purposes of IC 34-13-2,
IC 34-13-3, and IC 34-13-4, has the meaning set forth in section 54
of this chapter.
Sec. 174. (a) "Public lawsuit", for purposes of IC 34-13-5,
means:
(1) any action in which the validity, location, wisdom,
feasibility, extent, or character of construction, financing, or
leasing of a public improvement by a municipal corporation
is questioned directly or indirectly, including but not limited
to suits for declaratory judgments or injunctions to declare
invalid or to enjoin the construction, financing, or leasing;
and
(2) any action to declare invalid or enjoin the creation,
organization, or formation of any municipal corporation.
(b) The definition of "public lawsuit", as used in IC 34-13-5,
shall not be construed to broaden any right of action as is validly
limited by applicable law.
Sec. 175. "Qualified director", for purposes of IC 34-30-4,
means any of the following individuals:
(1) An individual who serves without compensation for
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personal services as a member of a board or commission of
the state or a political subdivision for the purpose of setting
policy, controlling, or otherwise overseeing the activities or
functional responsibilities of that board or commission.
(2) An individual who serves without compensation for
personal services as a director or an officer for the purpose of
setting policy, controlling, or otherwise overseeing the
activities or functional responsibilities of a nonprofit
corporation operating under IC 12-29, except IC 12-29-3-6 or
an agency providing services under IC 12-12-3, or a nonprofit
corporation that has one (1) of the following purposes:
(A) Religion.
(B) Charity.
(C) Benevolence.
(D) Providing goods or services at no charge to the general
public.
(E) Education.
(F) Scientific activity.
(G) Developing or providing hospital services.
(H) Medical research.
(I) Developing or providing ambulance services or
emergency medical treatment services.
(3) An individual who serves without compensation for
personal services as a director for the purpose of setting
policy, controlling, or otherwise overseeing the activities or
functional responsibilities of an organization that acts as an
advocate for its members and that has as its members
individuals or organizations that are:
(A) members of a particular trade or industry; or
(B) members of the business community of a particular
municipality or area of the state.
(4) An individual who serves without compensation for
personal services as a director of a national, regional, or local
fraternity or sorority that is connected with, and under the
supervision of, a postsecondary educational institution located
within Indiana.
(5) An individual who serves the purpose of setting policy,
controlling, or otherwise overseeing the activities or
functional responsibilities of a homeowners association (as
defined in section 87 of this chapter).
(6) An individual who serves without compensation for
personal services as a director for the purpose of setting
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policy, controlling, or otherwise overseeing the activities or
functional responsibilities of the Special Olympics or the Pan
American Games.
"Compensation", for purposes of this section, has the meaning set
forth in section 34(a) of this chapter.
Sec. 176. "Qualified settlement offer", for purposes of IC 34-50,
means an offer of full and final settlement to resolve all claims and
defenses at issue between the offeror (as defined in section 136 of
this chapter) and the recipient (as defined in section 177 of this
chapter).
Sec. 177. "Recipient", for purposes of IC 34-50, means a party
to a civil action who receives a qualified settlement offer (as
defined in section 176 of this chapter) from an offeror (as defined
in section 136 of this chapter) who is an opposing party in the civil
action.
Sec. 178. "Recreation", for purposes of IC 34-31-11.4, includes
physical exercise, leisure, or sports.
Sec. 179. "Recreational facility", for purposes of IC 34-31-11.4,
means a building, location, or area primarily designed and used for
purposes of recreation. The term includes:
(1) a gymnasium;
(2) a park;
(3) a playground;
(4) a swimming pool;
(5) a fieldhouse;
(6) a beach;
(7) a stadium;
(8) a golf course;
(9) a campground;
(10) a boat launching site;
(11) an arboretum;
(12) a bicycle path;
(13) a bridle path;
(14) a community center;
(15) a bowling alley;
(16) a billiard hall;
(17) a court, field, or other area designated for sports; and
(18) any other building, location, or area specifically set aside
for recreation.
Sec. 180. "Recreational user", for purposes of IC 34-31-11.4,
means an authorized user of a recreational facility who is using the
facility for the recreational purpose for which it was primarily
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designed. However, the term does not include a person
participating in or attending an intercollegiate or interscholastic
event.
Sec. 181. "Representative", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-25.
Sec. 182. "Respondent", for purposes of IC 34-26-5, means the
individual against whom the enforcement of a protection order is
sought.
Sec. 183. "Retirement plan", for purposes of IC 34-55-10,
includes:
(1) a stock bonus, a pension, a profit sharing, an annuity, or
a similar plan or arrangement, including a retirement plan
for self-employed individuals or a simplified employee pension
plan;
(2) a government or church retirement plan or contract; or
(3) an individual retirement annuity or individual retirement
account;
that is intended in good faith to qualify as a retirement plan under
applicable provisions of the Internal Revenue Code of 1986, as
amended.
Sec. 184. "Risk", for purposes of IC 34-18, has the meaning set
forth in IC 34-18-2-26.
Sec. 185. "Risk manager", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-27.
Sec. 186. "Roller skater", for purposes of IC 34-31-6, means a
person, including an invitee, who wears roller skates while in a
roller skating rink for the purpose of recreational or competitive
roller skating, whether or not the person pays consideration for
entrance to the roller skating rink.
Sec. 187. "Roller skating rink", for purposes of IC 34-31-6,
means a building, facility, or other property where an area
specifically designed for use by the public for recreational or
competitive roller skating is present.
Sec. 188. "Security interest", for purposes of section 113 of this
chapter, means an interest in property created by a contract to
secure the payment of a debt or the performance of an obligation.
Sec. 189. "Seller", for purposes of IC 34-20, means a person
engaged in the business of selling or leasing a product for resale,
use, or consumption.
Sec. 190. "Session of the general assembly", for purposes of
IC 34-13-1-6, does not include a regular technical session.
Sec. 191. "Sheriff", for purposes of IC 34-47-4, means the
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sheriff of the county in which a court issues a writ of attachment
under IC 34-47-4 (or IC 34-4-9 before its repeal).
Sec. 192. "Sports or leisure activity", for purposes of
IC 34-30-19, means:
(1) an athletic or sports competition, exhibition, or event; and
(2) an activity conducted for a recreational purpose.
Sec. 193. "State":
(1) for purposes of section 77(b) of this chapter and
IC 34-13-3, means Indiana and its state agencies; and
(2) for purposes of sections 76 and 106 of this chapter and
IC 34-26-5, has the meaning set forth in IC 1-1-4-5.
Sec. 194. "State agency", for purposes of IC 34-13-3, means:
(1) a board;
(2) a commission;
(3) a department;
(4) a division;
(5) a governmental subdivision, including a soil and water
conservation district;
(6) a bureau;
(7) a committee;
(8) an authority;
(9) a military body; or
(10) another instrumentality;
of the state. However, the term does not include a political
subdivision.
Sec. 195. "Stepchild", for purposes of IC 34-30-11, includes a
stepchild of any age.
Sec. 196. "Structured settlement", for purposes of IC 34-50-2,
has the meaning set forth in IC 34-50-2-2.
Sec. 197. "Successor asbestos related liability", for purposes of
IC 34-31-8, has the meaning set forth in IC 34-31-8-4.
Sec. 198. "Telecommunications", for purposes of IC 34-30-21,
means the transmission of any document, picture, datum, sound, or
other symbol by television, radio, microwave, optical, or other
electromagnetic signal.
Sec. 199. "Tort", for purposes of IC 34-18, has the meaning set
forth in IC 34-18-2-28.
Sec. 200. "Transfer", for purposes of IC 34-50-2, has the
meaning set forth in IC 34-50-2-3.
Sec. 201. "Transferee", for purposes of IC 34-50-2, has the
meaning set forth in IC 34-50-2-4.
Sec. 202. "Transferor corporation", for purposes of IC 34-31-8,
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has the meaning set forth in IC 34-31-8-5.
Sec. 203. "Trespasser", for purposes of IC 34-31-11, has the
meaning set forth in IC 34-31-11-2.
Sec. 204. "Trial", for purposes of IC 34-35-5, includes the
impaneling of the jury, the actual trial, or other evidentiary
hearing where witnesses are sworn and testify, hearings on motions
for summary judgment, and entries of final disposition of a cause
of action.
Sec. 205. "Tribunal", for purposes of sections 76 and 170 of this
chapter and IC 34-26-5, means a court, an agency, or another
entity authorized by law to issue or modify a protection order.
Sec. 206. "Uninsured motorist with a previous violation", for
purposes of IC 34-30-29.2, has the meaning set forth in
IC 27-7-5.1-4.
Sec. 207. "Unit", for purposes of IC 34-24-1 and IC 34-24-2, has
the meaning specified in IC 36-1-2-23.
Sec. 208. "Unreasonably dangerous", for purposes of IC 34-20,
refers to any situation in which the use of a product exposes the
user or consumer to a risk of physical harm to an extent beyond
that contemplated by the ordinary consumer who purchases the
product with the ordinary knowledge about the product's
characteristics common to the community of consumers.
Sec. 209. "User", for purposes of IC 34-20, has the same
meaning as the term "consumer", which is set forth in section 35
of this chapter.
Sec. 210. "Vehicle", for purposes of IC 34-24-3, has the meaning
set forth in IC 35-31.5-2-346.
Sec. 211. "Victim", for purposes of IC 34-60-1, has the meaning
set forth in IC 34-60-1-1.
Sec. 212. "Victim advocate", for purposes of IC 34-60-1, has the
meaning set forth in IC 34-60-1-2.
Sec. 213. "Victim notification capabilities" means, with respect
to a GPS tracking device, the ability of the device to do the
following:
(1) Immediately notify law enforcement or other supervisory
personnel if the device enters a forbidden area.
(2) Notify the victim in real time or near real time if the device
enters a forbidden area.
(3) Allow a law enforcement officer or other supervisory
officer to contact the offender immediately if the device enters
a forbidden area.
(4) Activate an alarm to warn others of the device's presence
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in a forbidden area.
Sec. 214. "Victim service provider", for purposes of IC 34-60-1,
has the meaning set forth in IC 34-60-1-3.
Sec. 215. "Volunteer", for purposes of IC 34-30-19, means an
individual who, without compensation, engages in or provides
other personal services for a sports or leisure activity such as
baseball, basketball, football, soccer, hockey, volleyball,
cheerleading, or other similar sports or leisure activities involving
children who are less than sixteen (16) years of age.
Sec. 216. "Weekly newspaper", for purposes of IC 34-15-4,
means a newspaper that publishes one (1), two (2), three (3), or
four (4) issues each week.
SECTION 177. IC 34-11-2-11.5, AS ADDED BY P.L.154-2011,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11.5. (a) As used in this chapter, "person" has the
meaning set forth in IC 34-6-2-103(b). IC 34-6-2.1-149(b).
(b) Subject to subsections (c), (d), and (e), a person may seek to
recover the following in an action brought on or after the effective date
of this section under IC 13-30-9-2 or IC 13-23-13-8(b) to recover costs
incurred for a removal action, a remedial action, or a corrective action:
(1) The costs incurred not more than ten (10) years before the date
the action is brought, even if the person or any other person also
incurred costs more than ten (10) years before the date the action
is brought.
(2) The costs incurred on or after the date the action is brought.
(c) Costs are eligible for recovery under subsection (b) regardless
of whether any part of the costs is incurred before the effective date of
this section.
(d) This section does not permit a person to revive or raise new
claims in an action brought under IC 13-30-9-2 or IC 13-23-13-8(b)
that was finally adjudicated or settled before the effective date of this
section.
(e) Any person that brought an action under IC 13-30-9-2 or
IC 13-23-13-8(b) that was not finally adjudicated or settled prior to the
effective date of this section may not amend that action, or bring a new
action, under this section.
SECTION 178. IC 34-12-3.5-2, AS ADDED BY P.L.170-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. The following definitions apply throughout this
chapter:
(1) "Ammunition" has the meaning set forth in IC 35-47-1-2.5.
(2) "Firearm" has the meaning set forth in 18 U.S.C. 921(a)(3).
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(3) "Political subdivision" has the meaning set forth in
IC 34-6-2-110. IC 34-6-2.1-155.
(4) "Trade association" means a corporation, unincorporated
association, federation, business league, professional
organization, or business organization that meets all of the
following requirements:
(A) The entity is not organized or operated for profit.
(B) No part of the net earnings of the entity inures to the
benefit of a private shareholder or individual.
(C) The entity is an organization:
(i) described in 26 U.S.C. 501(c)(6); and
(ii) exempt from taxation under 26 U.S.C. 501(a).
(D) Two (2) or more members of the entity are manufacturers
or dealers in firearms or ammunition.
SECTION 179. IC 34-12-5-3, AS ADDED BY P.L.166-2021,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. As used in this chapter, "arising from
COVID-19" has the meaning set forth in IC 34-6-2-10.4.
IC 34-6-2.1-14.
SECTION 180. IC 34-12-5-5, AS ADDED BY P.L.166-2021,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. As used in this chapter, "covered entity" means:
(1) a governmental entity (as defined by IC 34-6-2-49),
IC 34-6-2.1-77), including a political subdivision (as defined in
IC 34-6-2-110); IC 34-6-2.1-155); and
(2) an approved postsecondary educational institution (as defined
by IC 21-7-13-6).
SECTION 181. IC 34-12-5-6, AS ADDED BY P.L.166-2021,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. As used in this chapter, "COVID-19" has the
meaning set forth in IC 34-6-2-31.4. IC 34-6-2.1-40.
SECTION 182. IC 34-13-3-3, AS AMENDED BY P.L.135-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) A governmental entity or an employee
acting within the scope of the employee's employment is not liable if
a loss results from the following:
(1) The natural condition of unimproved property.
(2) The condition of a reservoir, dam, canal, conduit, drain, or
similar structure when used by a person for a purpose that is not
foreseeable.
(3) The temporary condition of a public thoroughfare or extreme
sport area that results from weather.
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(4) The condition of an unpaved road, trail, or footpath, the
purpose of which is to provide access to a recreation or scenic
area.
(5) The design, construction, control, operation, or normal
condition of an extreme sport area, if all entrances to the extreme
sport area are marked with:
(A) a set of rules governing the use of the extreme sport area;
(B) a warning concerning the hazards and dangers associated
with the use of the extreme sport area; and
(C) a statement that the extreme sport area may be used only
by persons operating extreme sport equipment.
This subdivision shall not be construed to relieve a governmental
entity from liability for the continuing duty to maintain extreme
sports areas in a reasonably safe condition.
(6) The initiation of a judicial or an administrative proceeding.
(7) The performance of a discretionary function; however, the
provision of medical or optical care as provided in IC 34-6-2-38
IC 34-6-2.1-54 shall be considered as a ministerial act.
(8) The adoption and enforcement of or failure to adopt or
enforce:
(A) a law (including rules and regulations); or
(B) in the case of a public school or charter school, a policy;
unless the act of enforcement constitutes false arrest or false
imprisonment.
(9) An act or omission performed in good faith and without
malice under the apparent authority of a statute which is invalid
if the employee would not have been liable had the statute been
valid.
(10) The act or omission of anyone other than the governmental
entity or the governmental entity's employee.
(11) The issuance, denial, suspension, or revocation of, or failure
or refusal to issue, deny, suspend, or revoke any permit, license,
certificate, approval, order, or similar authorization, where the
authority is discretionary under the law.
(12) Failure to make an inspection, or making an inadequate or
negligent inspection, of any property, other than the property of
a governmental entity, to determine whether the property
complied with or violates any law or contains a hazard to health
or safety.
(13) Entry upon any property where the entry is expressly or
impliedly authorized by law.
(14) Misrepresentation if unintentional.
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(15) Theft by another person of money in the employee's official
custody, unless the loss was sustained because of the employee's
own negligent or wrongful act or omission.
(16) Injury to the property of a person under the jurisdiction and
control of the department of correction if the person has not
exhausted the administrative remedies and procedures provided
by section 7 of this chapter.
(17) Injury to the person or property of a person under supervision
of a governmental entity and who is:
(A) on probation;
(B) assigned to an alcohol and drug services program under
IC 12-23, a minimum security release program under
IC 11-10-8, a pretrial conditional release program under
IC 35-33-8, or a community corrections program under
IC 11-12; or
(C) subject to a court order requiring the person to be escorted
by a county police officer while on or in a government
building (as defined in IC 36-9-13-3) owned by a county
building authority under IC 36-9-13, unless the injury is the
result of an act or omission amounting to:
(i) gross negligence;
(ii) willful or wanton misconduct; or
(iii) intentional misconduct.
(18) Design of a highway (as defined in IC 9-13-2-73), toll road
project (as defined in IC 8-15-2-4(4)), tollway (as defined in
IC 8-15-3-7), or project (as defined in IC 8-15.7-2-14) if the
claimed loss occurs at least twenty (20) years after the public
highway, toll road project, tollway, or project was designed or
substantially redesigned; except that this subdivision shall not be
construed to relieve a responsible governmental entity from the
continuing duty to provide and maintain public highways in a
reasonably safe condition.
(19) Development, adoption, implementation, operation,
maintenance, or use of an enhanced emergency communication
system.
(20) Injury to a student or a student's property by an employee of
a school corporation if the employee is acting reasonably under a:
(A) discipline policy adopted under IC 20-33-8-12; or
(B) restraint and seclusion plan adopted under IC 20-20-40-14.
(21) An act or omission performed in good faith under the
apparent authority of a court order described in IC 35-46-1-15.1
or IC 35-46-1-15.3 that is invalid, including an arrest or
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imprisonment related to the enforcement of the court order, if the
governmental entity or employee would not have been liable had
the court order been valid.
(22) An act taken to investigate or remediate hazardous
substances, petroleum, or other pollutants associated with a
brownfield (as defined in IC 13-11-2-19.3) unless:
(A) the loss is a result of reckless conduct; or
(B) the governmental entity was responsible for the initial
placement of the hazardous substances, petroleum, or other
pollutants on the brownfield.
(23) The operation of an off-road vehicle (as defined in
IC 14-8-2-185) by a nongovernmental employee, or by a
governmental employee not acting within the scope of the
employment of the employee, on a public highway in a county
road system outside the corporate limits of a city or town, unless
the loss is the result of an act or omission amounting to:
(A) gross negligence;
(B) willful or wanton misconduct; or
(C) intentional misconduct.
This subdivision shall not be construed to relieve a governmental
entity from liability for the continuing duty to maintain highways
in a reasonably safe condition for the operation of motor vehicles
licensed by the bureau of motor vehicles for operation on public
highways.
(24) Any act or omission rendered in connection with a request,
investigation, assessment, or opinion provided under
IC 36-9-28.7.
(b) This subsection applies to a cause of action that accrues during
a period of a state disaster emergency declared under IC 10-14-3-12 to
respond to COVID-19, if the state of disaster emergency was declared
after February 29, 2020, and before April 1, 2022. A governmental
entity or an employee acting within the scope of the employee's
employment is not liable for an act or omission arising from COVID-19
unless the act or omission constitutes gross negligence, willful or
wanton misconduct, or intentional misrepresentation. If a claim
described in this subsection is:
(1) a claim for injury or death resulting from medical malpractice;
and
(2) not barred by the immunity provided under this subsection;
the claimant is required to comply with all of the provisions of
IC 34-18 (medical malpractice act).
SECTION 183. IC 34-18-3-4 IS AMENDED TO READ AS
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FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) As used in this
section, "employee of a governmental entity" has the meaning set forth
in IC 34-6-2-38. IC 34-6-2.1-54.
(b) As used in this section, "governmental entity" has the meaning
set forth in IC 34-6-2-49. IC 34-6-2.1-77.
(c) A claim against a governmental entity or an employee of a
governmental entity based on an occurrence of malpractice is governed
exclusively by this article if the governmental entity or employee is
qualified under this article.
SECTION 184. IC 34-24-1-1, AS AMENDED BY SEA 26-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) The following may be seized:
(1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
or are intended for use by the person or persons in possession of
them to transport or in any manner to facilitate the transportation
of the following:
(A) A controlled substance for the purpose of committing,
attempting to commit, or conspiring to commit any of the
following:
(i) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1).
(ii) Dealing in methamphetamine (IC 35-48-4-1.1).
(iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
(iv) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(v) Dealing in a schedule IV controlled substance (IC
35-48-4-3).
(vi) Dealing in a schedule V controlled substance (IC
35-48-4-4).
(vii) Dealing in a counterfeit substance (IC 35-48-4-5).
(viii) Possession of cocaine or a narcotic drug (IC
35-48-4-6).
(ix) Possession of methamphetamine (IC 35-48-4-6.1).
(x) Dealing in paraphernalia (IC 35-48-4-8.5).
(xi) Dealing in marijuana, hash oil, hashish, or salvia (IC
35-48-4-10).
(xii) An offense under IC 35-48-4 involving a synthetic drug
(as defined in IC 35-31.5-2-321), a synthetic drug lookalike
substance (as defined in IC 35-31.5-2-321.5 (before its
repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
repeal on July 1, 2019), a controlled substance analog (as
defined in IC 35-48-1-9.3), IC 35-48-1.1-8), or a substance
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represented to be a controlled substance (as described in
IC 35-48-4-4.6).
(B) Any stolen (IC 35-43-4-2 or IC 35-43-4-2.2) or converted
property (IC 35-43-4-3) if the retail or repurchase value of that
property is one hundred dollars ($100) or more.
(C) Any hazardous waste in violation of IC 13-30-10-1.5.
(D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
mass destruction (as defined in IC 35-31.5-2-354) used to
commit, used in an attempt to commit, or used in a conspiracy
to commit a felony terrorist offense (as defined in
IC 35-50-2-18) or an offense under IC 35-47 as part of or in
furtherance of an act of terrorism (as defined by
IC 35-31.5-2-329).
(2) All money, negotiable instruments, securities, weapons,
communications devices, or any property used to commit, used in
an attempt to commit, or used in a conspiracy to commit a felony
terrorist offense (as defined in IC 35-50-2-18) or an offense under
IC 35-47 as part of or in furtherance of an act of terrorism or
commonly used as consideration for a violation of IC 35-48-4
(other than items subject to forfeiture under IC 16-42-20-5 or
IC 16-6-8.5-5.1, before its repeal):
(A) furnished or intended to be furnished by any person in
exchange for an act that is in violation of a criminal statute;
(B) used to facilitate any violation of a criminal statute; or
(C) traceable as proceeds of the violation of a criminal statute.
(3) Any portion of real or personal property purchased with
money that is traceable as a proceed of a violation of a criminal
statute.
(4) A vehicle that is used by a person to:
(A) commit, attempt to commit, or conspire to commit;
(B) facilitate the commission of; or
(C) escape from the commission of;
murder (IC 35-42-1-1), dealing in a controlled substance resulting
in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
(IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
under IC 35-47 as part of or in furtherance of an act of terrorism.
(5) Real property owned by a person who uses it to commit any of
the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
felony:
(A) Dealing in or manufacturing cocaine or a narcotic drug (IC
35-48-4-1).
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(B) Dealing in methamphetamine (IC 35-48-4-1.1).
(C) Manufacturing methamphetamine (IC 35-48-4-1.2).
(D) Dealing in a schedule I, II, or III controlled substance (IC
35-48-4-2).
(E) Dealing in a schedule IV controlled substance (IC
35-48-4-3).
(F) Dealing in marijuana, hash oil, hashish, or salvia (IC
35-48-4-10).
(G) Dealing in a synthetic drug (as defined in
IC 35-31.5-2-321) or synthetic drug lookalike substance (as
defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
2019).
(H) Dealing in a controlled substance resulting in death (IC
35-42-1-1.5).
(6) Equipment and recordings used by a person to commit fraud
under IC 35-43-5.
(7) Recordings sold, rented, transported, or possessed by a person
in violation of IC 24-4-10.
(8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
defined by IC 35-45-6-1) that is the object of a corrupt business
influence violation (IC 35-45-6-2).
(9) Unlawful telecommunications devices (as defined in
IC 35-45-13-6) and plans, instructions, or publications used to
commit an offense under IC 35-45-13.
(10) Any equipment, including computer equipment and cellular
telephones, used for or intended for use in preparing,
photographing, recording, videotaping, digitizing, printing,
copying, or disseminating matter in violation of IC 35-42-4.
(11) Destructive devices used, possessed, transported, or sold in
violation of IC 35-47.5.
(12) Tobacco products that are sold in violation of IC 24-3-5,
tobacco products that a person attempts to sell in violation of
IC 24-3-5, and other personal property owned and used by a
person to facilitate a violation of IC 24-3-5.
(13) Property used by a person to commit counterfeiting or
forgery in violation of IC 35-43-5-2.
(14) After December 31, 2005, if a person is convicted of an
offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
following real or personal property:
(A) Property used or intended to be used to commit, facilitate,
or promote the commission of the offense.
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(B) Property constituting, derived from, or traceable to the
gross proceeds that the person obtained directly or indirectly
as a result of the offense.
(15) Except as provided in subsection (e), a vehicle used by a
person who operates the vehicle:
(A) while intoxicated, in violation of IC 9-30-5-1 through
IC 9-30-5-5, if in the previous five (5) years the person has two
(2) or more prior unrelated convictions for operating a motor
vehicle while intoxicated in violation of IC 9-30-5-1 through
IC 9-30-5-5; or
(B) on a highway while the person's driving privileges are
suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
if in the previous five (5) years the person has two (2) or more
prior unrelated convictions for operating a vehicle while
intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
If a court orders the seizure of a vehicle under this subdivision,
the court shall transmit an order to the bureau of motor vehicles
recommending that the bureau not permit a vehicle to be
registered in the name of the person whose vehicle was seized
until the person possesses a current driving license (as defined in
IC 9-13-2-41).
(16) The following real or personal property:
(A) Property used or intended to be used to commit, facilitate,
or promote the commission of an offense specified in
IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
IC 30-2-13-38(f).
(B) Property constituting, derived from, or traceable to the
gross proceeds that a person obtains directly or indirectly as a
result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
IC 30-2-10-9(b), or IC 30-2-13-38(f).
(17) Real or personal property, including a vehicle, that is used by
a person to:
(A) commit, attempt to commit, or conspire to commit;
(B) facilitate the commission of; or
(C) escape from the commission of;
a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
trafficking) or IC 35-45-4-4 (promoting prostitution).
(18) A signal jammer (as defined in IC 35-31.5-2-305.5) that is
used by a person to commit unlawful use of a signal jammer
under IC 35-45-2-6.
(b) A vehicle used by any person as a common or contract carrier in
the transaction of business as a common or contract carrier is not
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subject to seizure under this section, unless it can be proven by a
preponderance of the evidence that the owner of the vehicle knowingly
permitted the vehicle to be used to engage in conduct that subjects it to
seizure under subsection (a).
(c) Equipment under subsection (a)(10) may not be seized unless it
can be proven by a preponderance of the evidence that the owner of the
equipment knowingly permitted the equipment to be used to engage in
conduct that subjects it to seizure under subsection (a)(10).
(d) Money, negotiable instruments, securities, weapons,
communications devices, or any property commonly used as
consideration for a violation of IC 35-48-4 found near or on a person
who is committing, attempting to commit, or conspiring to commit any
of the following offenses shall be admitted into evidence in an action
under this chapter as prima facie evidence that the money, negotiable
instrument, security, or other thing of value is property that has been
used or was to have been used to facilitate the violation of a criminal
statute or is the proceeds of the violation of a criminal statute:
(1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
death).
(2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
narcotic drug).
(3) IC 35-48-4-1.1 (dealing in methamphetamine).
(4) IC 35-48-4-1.2 (manufacturing methamphetamine).
(5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
substance).
(6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
(7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
as a Level 4 felony.
(8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
Level 3, Level 4, or Level 5 felony.
(9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
3, Level 4, or Level 5 felony.
(10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
salvia) as a Level 5 felony.
(11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
in a synthetic drug or synthetic drug lookalike substance) as a
Level 5 felony or Level 6 felony (or as a Class C felony or Class
D felony under IC 35-48-4-10 before its amendment in 2013).
(e) A vehicle operated by a person who is not:
(1) an owner of the vehicle; or
(2) the spouse of the person who owns the vehicle;
is not subject to seizure under subsection (a)(15) unless it can be
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proven by a preponderance of the evidence that the owner of the
vehicle knowingly permitted the vehicle to be used to engage in
conduct that subjects it to seizure under subsection (a)(15).
SECTION 185. IC 34-28-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. A minor who has
been partially emancipated under this chapter (or IC 34-4-44.2 before
its repeal) may not avoid a contract, a liability release, or an indemnity
agreement referred to in a court order issued under this chapter (or
IC 34-4-44.2 before its repeal) by alleging that the minor was under a
legal disability by reason of the minor's age. No parent of a minor who
has been partially emancipated under this chapter (or IC 34-4-44.2
before its repeal) may seek to have a contract, a liability release, or an
indemnity agreement signed by the partially emancipated minor as
allowed under this chapter set aside by reason of the minor's age at the
time the minor entered into the contract, regardless of whether the
parent participates in the partial emancipation proceeding or fits the
definition of a parent under IC 34-6-2-93. IC 34-6-2.1-139.
SECTION 186. IC 34-28-7-3, AS ADDED BY P.L.90-2010,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) An individual who believes that the
individual has been harmed by a violation of section 2 of this chapter
may bring a civil action against the person who is alleged to have
violated section 2 of this chapter, other than a person set forth in
IC 34-6-2-103(j)(2). IC 34-6-2.1-149(j)(2).
(b) If a person is found by a court, in an action brought under
subsection (a), to have violated section 2 of this chapter, the court may
do the following:
(1) Award:
(A) actual damages; and
(B) court costs and attorney's fees;
to the prevailing individual.
(2) Enjoin further violations of this chapter.
SECTION 187. IC 34-30-5-0.2, AS ADDED BY P.L.220-2011,
SECTION 564, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 0.2. The amendments made to
IC 34-4-12.5-1 and IC 34-4-13.5-2 (before their repeal, now codified
at section 1 of this chapter and at IC 34-6-2 (before its repeal and
relocation to IC 34-6-2.1)) by P.L.144-1991 apply only to a gift of a
food item made after June 30, 1991.
SECTION 188. IC 34-30-15-8, AS AMENDED BY P.L.79-2016,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) Communications to, the records of, and
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determinations of a peer review committee may only be disclosed to:
(1) the peer review committee of:
(A) a hospital;
(B) a nonprofit health care organization (described in
IC 34-6-2-117(23)); IC 34-6-2.1-165(23));
(C) a preferred provider organization (including a preferred
provider arrangement or reimbursement agreement under
IC 27-8-11);
(D) a health maintenance organization (as defined in
IC 27-13-1-19) or a limited service health maintenance
organization (as defined in IC 27-13-34-4);
(E) a provider organization (as defined in IC 16-18-2-296) that
is not owned by a hospital that includes the provider
organization's provision of services as part of the hospital's
peer review committee review;
(F) another health facility; or
(G) a medical school located in Indiana of which the
professional health care provider who is the subject of the peer
review is a faculty member;
(2) the disciplinary authority of the professional organization of
which the professional health care provider under question is a
member; or
(3) the appropriate state board of registration and licensure that
the committee considers necessary for recommended disciplinary
action;
and shall otherwise be kept confidential for use only within the scope
of the committee's work, unless the professional health care provider
has filed a prior written waiver of confidentiality with the peer review
committee.
(b) However, if a conflict exists between this section and
IC 27-13-31, the provisions of IC 27-13-31 control.
SECTION 189. IC 34-30-15-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. There is no liability
on the part of, and no action of any nature shall arise against, the
personnel of a peer review committee for any act, statement made in
the confines of the committee, or proceeding of the committee made in
good faith in regard to evaluation of patient care as that term is defined
and limited in IC 34-6-2-44. IC 34-6-2.1-60.
SECTION 190. IC 34-30-15-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. The personnel of a
peer review committee shall be immune from any civil action arising
from any determination made in good faith in regard to evaluation of
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patient care as that term is defined and limited in IC 34-6-2-44.
IC 34-6-2.1-60.
SECTION 191. IC 34-30-15-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. No restraining
order or injunction shall be issued against a peer review committee or
any of the personnel thereof to interfere with the proper functions of the
committee acting in good faith in regard to evaluation of patient care
as that term is defined and limited in IC 34-6-2-44. IC 34-6-2.1-60.
SECTION 192. IC 34-43-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. When a:
(1) subpoena coupled with a request under Rule 34 of the Indiana
Rules of Trial Procedure;
(2) subpoena coupled with a patient's written authorization under
IC 34-6-2-15(2) IC 34-6-2.1-20(2) (or IC 34-3-15.5-4 before its
repeal); or
(3) court order;
requiring the production of a hospital medical record is served upon
any hospital employee, the hospital employee with custody of the
original hospital medical record may elect, instead of personally
appearing and producing the original hospital medical record, to
furnish the requesting party or the party's attorney with a photostatic
copy of the hospital medical record, certified in accordance with
section 7 of this chapter.
SECTION 193. IC 34-51-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. This chapter does not
impose liability for prejudgment interest on the state or any political
subdivision (as those terms are defined in IC 34-6-2-140
IC 34-6-2.1-193 and IC 34-6-2-110). IC 34-6-2.1-155).
SECTION 194. IC 34-55-6-5, AS AMENDED BY P.L.94-2014,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The auctioneer's fee shall be a reasonable
amount stated in the court's order.
(b) This subsection does not apply to a partition action. If the sale
by use of an auctioneer has not been agreed to by the creditors in the
proceedings and the sale price is less than the sale price described in
IC 34-6-2-35, IC 34-6-2.1-51, the auctioneer is entitled only to the
auctioneer's advertising expenses plus one hundred dollars ($100).
(c) The amount due the auctioneer for the auctioneer's expenses and
fee, if any, shall be paid as a cost of the sale from the sale proceeds
before the payment of any other payment from the sale proceeds.
SECTION 195. IC 35-31.5-2-4, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2025]: Sec. 4. "Administer", for purposes of IC 35-48, has the
meaning set forth in IC 35-48-1-3. IC 35-48-1.1-3.
SECTION 196. IC 35-31.5-2-12, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. (a) Except as provided in subsection (b),
"agent" means an operator, a manager, an adult employee, or a security
agent employed by a store.
(b) "Agent", for purposes of IC 35-48, has the meaning set forth in
IC 35-48-1-5. IC 35-48-1.1-4.
SECTION 197. IC 35-31.5-2-44.8, AS ADDED BY P.L.13-2013,
SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 44.8. "Cocaine", for purposes of IC 35-48, has the
meaning set forth in IC 35-48-1-7. IC 35-48-1.1-6.
SECTION 198. IC 35-31.5-2-64, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 64. "Controlled substance", for purposes of
IC 35-48, has the meaning set forth in IC 35-48-1-9. IC 35-48-1.1-7.
SECTION 199. IC 35-31.5-2-65, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 65. "Controlled substance analog", for purposes
of IC 35-48, has the meaning set forth in IC 35-48-1-9.3.
IC 35-48-1.1-8.
SECTION 200. IC 35-31.5-2-68, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 68. "Counterfeit substance", for purposes of
IC 35-48, has the meaning set forth in IC 35-48-1-10. IC 35-48-1.1-9.
SECTION 201. IC 35-31.5-2-89, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 89. "Delivery", for purposes of IC 35-48, has the
meaning set forth in IC 35-48-1-11. IC 35-48-1.1-10.
SECTION 202. IC 35-31.5-2-96, AS AMENDED BY P.L.51-2019,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 96. "Dispense", for purposes of IC 35-48, has the
meaning set forth in IC 35-48-1-12. IC 35-48-1.1-11.
SECTION 203. IC 35-31.5-2-97, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 97. "Dispenser", for purposes of IC 35-48, has the
meaning set forth in IC 35-48-1-13. IC 35-48-1.1-12.
SECTION 204. IC 35-31.5-2-100, AS AMENDED BY P.L.49-2020,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 100. (a) "Distribute", for purposes of
IC 35-45-4-8, has the meaning set forth in IC 35-45-4-8.
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219
(b) "Distribute", for purposes of IC 35-46-1-10, has the meaning set
forth in IC 35-46-1-10(f).
(c) "Distribute", for purposes of IC 35-46-1-10.2, has the meaning
set forth in IC 35-46-1-10.2(g).
(d) "Distribute", for purposes of IC 35-47.5, has the meaning set
forth in IC 35-47.5-2-6.
(e) "Distribute", for purposes of IC 35-48, has the meaning set forth
in IC 35-48-1-14. IC 35-48-1.1-13.
(f) "Distribute", for purposes of IC 35-49, has the meaning set forth
in IC 35-49-1-2.
SECTION 205. IC 35-31.5-2-101, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 101. "Distributor", for purposes of IC 35-48, has
the meaning set forth in IC 35-48-1-15. IC 35-48-1.1-14.
SECTION 206. IC 35-31.5-2-104, AS AMENDED BY
P.L.158-2013, SECTION 367, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 104. "Drug", for
purposes of IC 35-48, has the meaning set forth in IC 35-48-1-16.
IC 35-48-1.1-15.
SECTION 207. IC 35-31.5-2-117.5, AS ADDED BY P.L.158-2013,
SECTION 369, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 117.5. "Enhancing circumstance",
for purposes of IC 35-48, has the meaning set forth in IC 35-48-1-16.5.
IC 35-48-1.1-18.
SECTION 208. IC 35-31.5-2-127.5, AS ADDED BY P.L.182-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 127.5. "Facility", for purposes of IC 35-48-1-16.5,
IC 35-48-1.1-18, has the meaning set forth in IC 35-48-1-16.5.
IC 35-48-1.1-18.
SECTION 209. IC 35-31.5-2-130.5, AS ADDED BY P.L.119-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 130.5. "Fentanyl related substance", for purposes
of IC 35-48, has the meaning set forth in IC 35-48-1-16.6.
IC 35-48-1.1-20.
SECTION 210. IC 35-31.5-2-130.6, AS ADDED BY P.L.48-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 130.6. "Fentanyl containing substance", for
purposes of IC 35-48, has the meaning set forth in IC 35-48-1-16.7.
IC 35-48-1.1-19.
SECTION 211. IC 35-31.5-2-150, AS AMENDED BY
P.L.266-2019, SECTION 12, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 150. (a) "Harassment",
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for purposes of IC 35-45-10, has the meaning set forth in
IC 35-45-10-2.
(b) "Harassment", for purposes of IC 35-42-4-4, IC 35-46-1-15.1,
and IC 35-49-3-4, has the meaning set forth in IC 34-6-2-51.5.
IC 34-6-2.1-80.
SECTION 212. IC 35-31.5-2-150.5, AS ADDED BY P.L.153-2018,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 150.5. "Hashish", for purposes of IC 35-48, has
the meaning set forth in IC 35-48-1-16.8. IC 35-48-1.1-21.
SECTION 213. IC 35-31.5-2-150.6, AS ADDED BY P.L.153-2018,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 150.6. "Hash oil", for purposes of IC 35-48, has
the meaning set forth in IC 35-48-1-16.9. IC 35-48-1.1-22.
SECTION 214. IC 35-31.5-2-165, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 165. "Immediate precursor", for purposes of
IC 35-48, has the meaning set forth in IC 35-48-1-17. IC 35-48-1.1-25.
SECTION 215. IC 35-31.5-2-171.5, AS ADDED BY P.L.61-2020,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 171.5. "Isomer", for purposes of IC 35-48, has the
meaning set forth in IC 35-48-1-17.4. IC 35-48-1.1-26.
SECTION 216. IC 35-31.5-2-189.9, AS ADDED BY P.L.153-2018,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 189.9. "Low THC hemp extract", for purposes of
IC 35-48, has the meaning set forth in IC 35-48-1-17.5.
IC 35-48-1.1-27.
SECTION 217. IC 35-31.5-2-192, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 192. "Manufacture", for purposes of IC 35-48, has
the meaning set forth in IC 35-48-1-18. IC 35-48-1.1-28.
SECTION 218. IC 35-31.5-2-195, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 195. "Marijuana", for purposes of IC 35-48, has
the meaning set forth in IC 35-48-1-19. IC 35-48-1.1-29.
SECTION 219. IC 35-31.5-2-209, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 209. "Narcotic drug", for purposes of IC 35-48,
has the meaning set forth in IC 35-48-1-20. IC 35-48-1.1-30.
SECTION 220. IC 35-31.5-2-220, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 220. "Opiate", for purposes of IC 35-48, has the
meaning set forth in IC 35-48-1-21. IC 35-48-1.1-31.
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SECTION 221. IC 35-31.5-2-221, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 221. "Opium poppy", for purposes of IC 35-48,
has the meaning set forth in IC 35-48-1-22. IC 35-48-1.1-32.
SECTION 222. IC 35-31.5-2-239, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 239. "Poppy straw", for purposes of IC 35-48, has
the meaning set forth in IC 35-48-1-23. IC 35-48-1.1-33.
SECTION 223. IC 35-31.5-2-242, AS AMENDED BY P.L.51-2019,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 242. "Practitioner", for purposes of IC 35-48, has
the meaning set forth in IC 35-48-1-24. IC 35-48-1.1-34.
SECTION 224. IC 35-31.5-2-244, AS AMENDED BY
P.L.168-2014, SECTION 51, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 244. "Prescription
drug", for purposes of IC 35-48, has the meaning set forth in
IC 35-48-1-25. IC 35-48-1.1-35.
SECTION 225. IC 35-31.5-2-248.2, AS ADDED BY P.L.13-2013,
SECTION 127, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 248.2. "Production", for purposes
of IC 35-48, has the meaning set forth in IC 35-48-1-26.
IC 35-48-1.1-36.
SECTION 226. IC 35-31.5-2-321, AS AMENDED BY P.L.48-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 321. "Synthetic drug" means the following:
(1) A substance containing one (1) or more of the following
chemical compounds, including an analog of the compound:
(A) JWH-015 ((2-Methyl-1-propyl-1H-
indol-3-yl)-1-naphthalenylmethanone).
(B) JWH-018 (1-pentyl-3-(1-naphthoyl)indole).
(C) JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole).
(D) JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone).
(E) JWH-081 (4-methoxynaphthalen- 1-yl- (1-pentylindol-
3-yl)methanone).
(F) JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
(G) JWH-200 ((1-(2-morpholin-4-ylethyl)indol-3-yl)-
naphthalen-1-yl-methanone).
(H) JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole).
(I) JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole).
(J) JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole).
(K) HU-210 ((6aR,10aR)- 9-(Hydroxymethyl)- 6,6-dimethyl-
3-(2-methyloctan-2-yl)-
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6a,7,10,10a-tetrahydrobenzo [c]chromen- 1-ol).
(L) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)- 6,6-dimethyl-
3-(2-methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo
[c]chromen-1-ol).
(M) HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-
(2-methyloctan- 2-yl)phenyl]-
7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl] methanol).
(N) HU-331 (3-hydroxy-2- [(1R,6R)-3-methyl-6-
(1-methylethenyl)-2 -cyclohexen-1-yl]-5
-pentyl-2,5-cyclohexadiene-1,4-dione).
(O) CP 55,940
(2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]-
5- (2-methyloctan-2-yl)phenol).
(P) CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5-
(2-methyloctan-2-yl)phenol) and its homologues, or
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)
phenol), where side chain n=5, and homologues where side
chain n=4, 6, or 7.
(Q) WIN 55212-2
((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)
pyrrolo [1,2,3-de)- 1,4- benzoxazin-
6-yl]-1-napthalenylmethanone).
(R) RCS-4 ((4-methoxyphenyl)
(1-pentyl-1H-indol-3-yl)methanone).
(S) RCS-8 (1-(1-(2-cyclohexylethyl)-1H-
indol-3-yl)-2-(2-methoxyphenyl)ethanone).
(T) 4-Methylmethcathinone. Other name: mephedrone.
(U) 3,4-Methylenedioxymethcathinone. Other name:
methylone.
(V) Fluoromethcathinone.
(W) 4-Methoxymethcathinone. Other name: methedrone.
(X) 4-Ethylmethcathinone (4-EMC).
(Y) Methylenedioxypyrovalerone. Other name: MDPV.
(Z) JWH-007, or 1-pentyl-2-methyl-3-(1-naphthoyl)indole.
(AA) JWH-098, or
1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole.
(BB) JWH-164, or
1-pentyl-3-(7-methoxy-1-naphthoyl)indole.
(CC) JWH-210, or 1-pentyl-3-(4-ethyl-1-naphthoyl)indole.
(DD) JWH-201, or
1-pentyl-3-(4-methoxyphenylacetyl)indole.
(EE) JWH-203, or 1-pentyl-3-(2-chlorophenylacetyl)indole.
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(FF) AM-694, or
1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole.
(GG) CP 50,556-1, or
[(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpe
ntan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1
-yl] acetate.
(HH) Dimethylheptylpyran, or DMHP.
(II) 4-Methyl-alpha-pyrrolidinobutiophenone, or MPBP.
(JJ) 6-APB [6-(2-aminopropyl)benzofuran].
(LL) 7-hydroxymitragynine.
(MM) á-PPP [á-pyrrolidinopropiophenone].
(NN) á-PVP (desmethylpyrovalerone).
(OO) AM-251.
(PP) AM-1241.
(QQ) AM-2201.
(RR) AM-2233.
(SS) Buphedrone (á-methylamino-butyrophenone (MABP)).
(TT) Butylone.
(UU) CP-47,497-C7.
(VV) CP-47,497-C8.
(WW) Desoxypipradol.
(XX) Ethylone.
(YY) Eutylone.
(ZZ) Flephedrone.
(AAA) JWH-011.
(BBB) JWH-020.
(CCC) JWH-022.
(DDD) JWH-030.
(EEE) JWH-182.
(FFF) JWH-302.
(GGG) MDAI [5,6-methylenedioxy-2-aminoindane].
(HHH) Mitragynine.
(III) Naphyrone.
(JJJ) Pentedrone.
(LLL) Pentylone.
(MMM) A796,260 [1-(2-morpholin-4-ylethyl)-1H-indol-3-yl]-
(2,2,3,3-tetramethylcyclopropyl)methanone].
(NNN) AB-001[(1s,3s)-admantan-1-yl)
(1-pentyl-1H-indol-3-yl)methanone] or [1-Pentyl-3-
(1-adamantoyl)indole].
(OOO) AM-356 [Methanandamide].
(PPP) AM 1248 [1-[(1-methyl-2- piperidinyl) methyl]-
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224
1H-indol-3-yl] tricyclo[3.3.1.13,7] dec-1-yl-methanone]or
[(1-[(N-methylpiperindin-2-yl)
Methyl]-3-(Adamant-1-oyl)indole)].
(QQQ) AM 2233 Azepane isomer [(2-iodophenyl)
(1-(1-methylazepan-3-yl)- 1H-indol-3-yl)methanone].
(RRR) CB-13 [1-Naphthalenyl
[4-(pentyoxy)- 1-naphthalenyl]methanone].
(SSS) UR-144 [(1-pentyl-1H-indol-3-yl)
(2,2,3,3-tetramethylcyclopropyl)-methanone].
(TTT) URB 597 [(3'-(aminocarbonyl) [1,1'-biphenyl]-3-yl)-
cyclohexylcarbamate].
(UUU) URB602 [[1,1'-biphenyl]- 3-yl-carbamic acid,
cyclohexyl ester].
(VVV) URB 754 [6-methyl-2-[(4-methylphenyl)
amino]-1-benzoxazin-4-one].
(WWW) XLR-11 or 5-fluoro UR-144
(1-(5-fluoropentyl)-1H-indol-3-yl)
(2,2,3,3-tetramethylcyclopropyl)methanone].
(XXX) AKB48 (Other names include:
N-Adamantyl-1-pentyl-1H-Indazole-3-carboxamide;
1-pentyl-N-tricyclo[3.3.1.13.7]dec-1-yl-1H-indazole-3-
carboxamide).
(YYY) 25I-NBOMe (Other names include:
4-Iodo-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]-
benzeneethanamine);
2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)
methyl]ethanamine).
(ZZZ) 2C-C-NBOMe (Other names include: 25C-NBOMe;
2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)
methyl]ethanamine;
2,5-Dimethoxy-4-chloro-N-(2-methoxybenzyl)
phenethylamine).
(AAAA) 2NE-1 (Other names include: 1-Pentyl-3-
(1-adamantylamido)indole).
(BBBB) STS-135 (Other names include:
N-Adamantyl-1-fluoropentylindole-3- carboxamide
(1-5-fluoropentyl)-N-tricyclo[3.3.1.13.7]dec-1-yl-1H-
indole-3-carboxamide).
(CCCC) PB-22 (Other names include: 1-Pentyl-8-quinolinlyl
ester-1H-indole-2-carboxylic acid).
(DDDD) 5-Fluoro-PB-22 (Other names include:
1-(5-Fluropentyl)-8-quinolinyl ester1H-indole-3-carboxylic
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225
acid).
(EEEE) Benocyclidine (Other names include: BCP, BTCP,
and Benzothiophenylcyclohexylpiperidine).
(FFFF) 25B-NBOMe (Other names include: 2C-B-NBOMe
and 4-Bromo-2,
5-dimenthoxy-N-[(2-Methozyphenyl)methyl]
benzeneethanamine).
(GGGG) APB (Other names include: (2-Aminopropyl)
Benzofuran).
(HHHH) AB-PINACA
(N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-
indazole-3-carboxamide.
(IIII) AB-FUBINACA
(N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-
1H-indazole-3-carboxamide).
(JJJJ) ADB-PINACA
(N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-
indaole-3-carboxamide).
(KKKK) Fluoro ADBICA (N-(1-Amino-3,3-
dimethyl-1-oxobutan-2-yl)-(fluoropentyl)-1H-indole-3-
carboxamide).
(LLLL) APDB (Other names include: -EMA, -Desoxy-MDA,
and (2-Aminopropyl)-2,3-
dihydrobenzofuran).
(MMMM) THJ-2201 (Other names include: AM2201 indazole
analog, Fluoropentyl-JWH-018 indazole, and
5-Fluoro-THJ-018).
(NNNN) AM 2201 benzimidazole analog (Other names
include: FUBIMINA, FTHJ, and (1-(5-fluoropentyl)-1H-
benzo[d]imidazol-2-yl)(naphthalene-1-yl)methanone).
(OOOO) MN-25 (Other names include: 7-methoxy-1-
[2-(4-morpholinyl)ethyl]-N-[1S, 2S, 4R)-1,3,3-
trimethylbicyclo[2.2.1]hept-2-yl]-1H-indole-3-carboxamide
and UR-12).
(PPPP) FUB-PB-22 (Other names include:
Quinolin-8-yl-1-(4-fluorobenzyl)-1H-indole-3-carboxylate).
(QQQQ) FUD-PB-22 (Other names include:
Naphthalen-1-yl-1-(4-fluorobenzyl)-1H-indole-3-carboxylate).
(RRRR) 5-Fluoro-AB-PINACA (Other names include:
AB-PINACA 5-fluoro analog and N-(1-amino-3-methyl1-
oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-
carboxaminde).
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(SSSS) 4-MePPP (Other names include:
4-methyl-alpha-pyrrolidinopropiophenone).
(TTTT) alpha-PBP (Other names include:
Alpha-pyrrolidinobutiophenone).
(UUUU) AB-CHMINACA (Other names include:
(N-[1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethy
l)-1H-indazole-3-carboxamide).
(VVVV) Mexedrone
(3-methoxy-2-(methylamino)-1-(p-tolyl)propan-1-one).
(WWWW) MT-45,
(1-cyclohexyl-4-(1,2-diphenylethyl)piperazine).
(XXXX) methyl 2-(1-(5-fluoropentyl)- 1H-indazole-3-
carboxamido) -3,3-dimethylbutanoate [5F-ADB;
5F-MDMB-PINACA].
(YYYY) methyl 2-(1-(5-fluoropentyl)-1H- indazole-3-
carboxamido)-3-methylbutanoate [5F-AMB].
(ZZZZ) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)
-1-(4-fluorobenzyl)- 1H-indazole-3-carboxamide
[ADB-FUBINACA].
(AAAAA) N-(adamantan-1-yl)-1-(5-fluoropentyl)-
1H-indazole-3- carboxamide [5F-APINACA, 5F-AKB48].
(BBBBB) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-
carboxamido)-3,3-dimethylbutanoate [MDMB-CHMICA,
MMB-CHMINACA].
(CCCCC) methyl 2-(1-(4-fluorobenzyl)-
1H-indazole-3-carboxamido)- 3,3-dimethylbutanoate
[MDMB-FUBINACA].
(DDDDD) N-(1-amino-3,3-dimethyl-1 -oxobutan-2-yl)-1-
(cyclohexylmethyl)- 1H-indazole-3-carboxamide
[MAB-CHMINACA and ADB-CHMINACA].
(EEEEE) Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-
3-carboxamido)- 3-methylbutanoate [FUB-AMB,
MMB-FUBINACA, AMB-FUBINACA].
(FFFFF) 3,4-dichloro-N-[(1dimethylamino)cyclohexylme
thyl]benzamide) [AH7921].
(GGGGG) Naphthalen-1-yl 1-(5-fluoropentyl)-1
H-indole-3-carboxylate (trivial name: NM2201; CBL2201)
(HHHHH) 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1
H-indazole-3-carboxamide (trivial name:
4-CN-CUMYL-BUTINACA; 4-cyano-CUMYL-BUTINA CA;
4-CN-CUMYL BINACA; CUMYL-4CN-BINACA; SGT-78).
(IIIII) methyl 2-(1-(cyclohexylmethyl)-1
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227
H-indole-3-carboxamido)-3-methylbutanoate (trivial names:
MMB-CHMICA, AMB-CHMICA).
(JJJJJ) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1
H-pyrrolo[2,3-b]pyridine-3-carboxamide (trivial name:
5F-CUMYL-P7AICA).
(KKKKK) N-1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-1-p
entanone (N-ethylpentylone, ephylone).
(LLLLL) Synthetic cathinone, 1-(1,3-benzodioxol-5-yl)-2-
(ethylamino)- pentan-1-one (N-ethylpentylone, ephylone) and
its optical, positional, and geometric isomers, salts, and salts
of isomers.
(MMMMM) ethyl
2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-
dimethylbutanoate (trivial name: 5F-EDMB-PINACA).
(NNNNN) methyl 2-(1-(5- fluoropentyl)-1H-indole-3-
carboxamido)-3,3-dimethylbutanoate (trivial name:
5F-MDMB-PICA).
(OOOOO) N- (adamantan- 1-yl)- 1-(4-fluorobenzyl)-
1H-indazole-3-carboxamide (trivial names: FUB-AKB48;
FUB-APINACA; AKB48 N- (4-FLUOROBENZYL)).
(PPPPP) 1-(5- fluoropentyl)-N-(2-phenylpropan-2-yl)-
1H-indazole-3-carboxamide (trivial names:
5F-CUMYL-PINACA; SGT-25).
(QQQQQ) (1-(4-fluorobenzyl)-1H-indol-3-
yl)(2,2,3,3-tetramethylcyclopropyl) methanone (trivial name:
FUB-144).
(RRRRR) 4F-MDMB-BINACA.
(SSSSS) N-ethylhexedrone
(2-(ethylamino)-1-phenylhexan-1-one).
(TTTTT) alpha-pyrrolidinohexanophenone
(1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one.
(UUUUU) alpha-pyrrolidinohexiophenone; trivial name:
a-PHP.
(VVVVV) 4'-methyl-alpha-pyrrolidinohexiophenone
(1-(4-methylphenyl)-2-(pyrrolidin-1-yl)hexan-1-one.
(WWWWW) 4-methyl-alphaethylaminopentiophenone
(2-(ethylamino)-1-(4-methylphenyl)pentan-1-one; trivial
name: 4–MEAP.
(XXXXX) 4'-methyl-alphapyrrolidinohexanophenone; trivial
name: MPHP.
(YYYYY) alphapyrrolidinoheptaphenone
(1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one; trivial name: PV8.
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(ZZZZZ) 4'-chloro-alphapyrrolidinovalerophenone (1-(4-
chlorophenyl)-2-(pyrrolidin-1- yl)pentan-1-one.
(AAAAAA) 4'-chloro-alphapyrrolidinopentiophenone; trivial
name: 4-chloro-a-PVP.
(BBBBBB) MDMB-4en-PINACA; Methyl
3,3-dimethyl-2-(1-(pent-4-en-1-yl)-1H[1]indazole-3-carboxa
mido)butanoate.
(CCCCCC) 4F-MDMB-BICA; 4-fluoro MDMB-BICA;
4F-MDMB-BUTICA; Methyl
2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,
3-dimethyl-butanoate. Other name: 4-fluoro MDMB-BICA.
(2) Any compound structurally derived from
3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by
substitution at the nitrogen atom of the indole ring by alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or
1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
or not further substituted in the indole ring to any extent and
whether or not substituted in the naphthyl ring to any extent.
(3) Any compound structurally derived from 3-(1-naphthoyl)
pyrrole by substitution at the nitrogen atom of the pyrrole ring by
alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3- morpholinyl)methyl, or tetrahydropyranylmethyl
group, whether or not further substituted in the pyrrole ring to any
extent and whether or not substituted in the naphthyl ring to any
extent.
(4) Any compound structurally derived from
1-(1-naphthylmethyl)indene by substitution at the 3-position of
the indene ring by alkyl, haloalkyl, cyanoalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or
1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
or not further substituted in the indene ring to any extent and
whether or not substituted in the naphthyl ring to any extent.
(5) Any compound structurally derived from 3-phenylacetylindole
by substitution at the nitrogen atom of the indole ring with alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or
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1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
or not further substituted in the indole ring to any extent and
whether or not substituted in the phenyl ring to any extent.
(6) Any compound structurally derived from
2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position
of the phenolic ring by alkyl, haloalkyl, cyanoalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or
1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
or not substituted in the cyclohexyl ring to any extent.
(7) Any compound containing a 3-(benzoyl)indole structure with
substitution at the nitrogen atom of the indole ring by alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or
1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-
morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
or not further substituted in the indole ring to any extent and
whether or not substituted in the phenyl ring to any extent.
(8) Any compound, except bupropion or a compound listed under
a different schedule, structurally derived from
2-aminopropan-1-one by substitution at the 1-position with either
phenyl, naphthyl, or thiophene ring systems, whether or not the
compound is further modified:
(A) by substitution in the ring system to any extent with alkyl,
alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide
substituents, whether or not further substituted in the ring
system by one or more other univalent substituents;
(B) by substitution at the 3-position with an acyclic alkyl
substituent;
(C) by substitution at the 2-amino nitrogen atom with alkyl,
dialkyl, benzyl, or methoxybenzyl groups; or
(D) by inclusion of the 2-amino nitrogen atom in a cyclic
structure.
(9) Any compound structurally derived from 3-tetramethyl
cyclopropanoylindole with substitution at the nitrogen atom of the
indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl) ethyl,
1-(N-methyl-2-pyrrolidinyl) methyl, 1-(N-methyl-3-
morpholinyl)methyl, or tetrahydropyranylmethyl group, whether
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or not further substituted in the indole ring to any extent and
whether or not substituted in the tetramethylcyclopropyl ring to
any extent.
(10) Any compound containing a N-(1-adamantyl)-
1H-indazole-3-carboxamide structure with substitution at the
nitrogen atom of the indazole ring by an alkyl, haloalkyl,
cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2- piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
1-(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl
group, whether or not further substituted at the nitrogen atom of
the carboxamide to any extent, whether or not further substituted
in the indazole ring to any extent, and whether or not further
substituted on the adamantyl ring system to any extent. An
example of this structural class includes AKB48.
(11) Any compound containing a N-(1-adamantyl)-
1H-indole-3-carboxamide structure with substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl,
cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2- piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
1-(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl
group, whether or not further substituted at the nitrogen atom of
the carboxamide to any extent, whether or not further substituted
in the indole ring to any extent, and whether or not further
substituted on the adamantyl ring system to any extent. An
example of this structural class includes STS-135.
(12) Any compound containing a 3-(1-adamantoyl)indole
structure with substitution at the nitrogen atom of the indole ring
by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, 1-(N-methyl-2- pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl
group, whether or not further substituted on the adamantyl ring
system to any extent. An example of this structural class includes
AM-1248.
(13) Any compound determined to be a synthetic drug by rule
adopted under IC 25-26-13-4.1.
SECTION 227. IC 35-31.5-2-339, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 339. "Ultimate user", for purposes of IC 35-48,
has the meaning set forth in IC 35-48-1-27. IC 35-48-1.1-39.
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SECTION 228. IC 35-33-1-1, AS AMENDED BY P.L.112-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) A law enforcement officer may arrest a
person when the officer has:
(1) a warrant commanding that the person be arrested;
(2) probable cause to believe the person has committed or
attempted to commit, or is committing or attempting to commit,
a felony;
(3) probable cause to believe the person has violated the
provisions of IC 9-26-1-1.1 or IC 9-30-5;
(4) probable cause to believe the person is committing or
attempting to commit a misdemeanor in the officer's presence;
(5) probable cause to believe the person has committed a:
(A) battery resulting in bodily injury under IC 35-42-2-1; or
(B) domestic battery under IC 35-42-2-1.3.
The officer may use an affidavit executed by an individual alleged
to have direct knowledge of the incident alleging the elements of
the offense of battery to establish probable cause;
(6) probable cause to believe that the person violated
IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
(7) probable cause to believe that the person violated
IC 35-47-2-1.5 (unlawful carrying of a handgun) or IC 35-47-2-22
(counterfeit handgun license);
(8) probable cause to believe that the person is violating or has
violated an order issued under IC 35-50-7;
(9) probable cause to believe that the person is violating or has
violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
device);
(10) probable cause to believe that the person is:
(A) violating or has violated IC 35-45-2-5 (interference with
the reporting of a crime); and
(B) interfering with or preventing the reporting of a crime
involving domestic or family violence (as defined in
IC 34-6-2-34.5); IC 34-6-2.1-50);
(11) probable cause to believe that the person has committed theft
(IC 35-43-4-2);
(12) a removal order issued for the person by an immigration
court;
(13) a detainer or notice of action for the person issued by the
United States Department of Homeland Security; or
(14) probable cause to believe that the person has been indicted
for or convicted of one (1) or more aggravated felonies (as
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defined in 8 U.S.C. 1101(a)(43)).
(b) A person who:
(1) is employed full time as a federal enforcement officer;
(2) is empowered to effect an arrest with or without warrant for a
violation of the United States Code; and
(3) is authorized to carry firearms in the performance of the
person's duties;
may act as an officer for the arrest of offenders against the laws of this
state where the person reasonably believes that a felony has been or is
about to be committed or attempted in the person's presence.
(c) A law enforcement officer who arrests a child or takes a child
into custody as described in IC 31-37-4-3.5 shall make a reasonable
attempt to notify:
(1) the child's parent, guardian, or custodian; or
(2) the emergency contact listed on the child's school record;
that the child has been arrested or taken into custody.
SECTION 229. IC 35-38-1-7.5, AS AMENDED BY P.L.142-2020,
SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7.5. (a) As used in this section, "sexually violent
predator" means a person who suffers from a mental abnormality or
personality disorder that makes the individual likely to repeatedly
commit a sex offense (as defined in IC 11-8-8-5.2). The term includes
a person convicted in another jurisdiction who is identified as a
sexually violent predator under IC 11-8-8-20. The term does not
include a person no longer considered a sexually violent predator under
subsection (g).
(b) A person who:
(1) being at least eighteen (18) years of age, commits an offense
described in:
(A) IC 35-42-4-1;
(B) IC 35-42-4-2 (before its repeal);
(C) IC 35-42-4-3 as a Class A or Class B felony (for a crime
committed before July 1, 2014) or a Level 1, Level 2, Level 3,
or Level 4 felony (for a crime committed after June 30, 2014);
(D) IC 35-42-4-5(a)(1);
(E) IC 35-42-4-5(a)(2);
(F) IC 35-42-4-5(a)(3) (before that provision was redesignated
by P.L.158-2013, SECTION 441);
(G) IC 35-42-4-5(b)(1) as a Class A or Class B felony (for a
crime committed before July 1, 2014) or Level 2, Level 3, or
Level 4 felony (for a crime committed after June 30, 2014);
(H) IC 35-42-4-5(b)(2); or
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(I) IC 35-42-4-5(b)(3) as a Class A or Class B felony (for a
crime committed before July 1, 2014) or a Level 2, Level 3, or
Level 4 felony (for a crime committed after June 30, 2014);
(2) commits a sex offense (as defined in IC 11-8-8-5.2) while
having a previous unrelated conviction for a sex offense for which
the person is required to register as a sex or violent offender under
IC 11-8-8;
(3) commits a sex offense (as defined in IC 11-8-8-5.2) while
having had a previous unrelated adjudication as a delinquent child
for an act that would be a sex offense if committed by an adult, if,
after considering expert testimony, a court finds by clear and
convincing evidence that the person is likely to commit an
additional sex offense; or
(4) commits a sex offense (as defined in IC 11-8-8-5.2) while
having had a previous unrelated adjudication as a delinquent child
for an act that would be a sex offense if committed by an adult, if
the person was required to register as a sex or violent offender
under IC 11-8-8-5(b)(2);
is a sexually violent predator. Except as provided in subsection (g) or
(h), a person is a sexually violent predator by operation of law if an
offense committed by the person satisfies the conditions set forth in
subdivision (1) or (2) and the person was released from incarceration,
secure detention, probation, or parole for the offense after June 30,
1994.
(c) This section applies whenever a court sentences a person or a
juvenile court issues a dispositional decree for a sex offense (as defined
in IC 11-8-8-5.2) for which the person is required to register with the
local law enforcement authority under IC 11-8-8.
(d) At the sentencing hearing, the court shall indicate on the record
whether the person has been convicted of an offense that makes the
person a sexually violent predator under subsection (b).
(e) If a person is not a sexually violent predator under subsection
(b), the prosecuting attorney may request the court to conduct a hearing
to determine whether the person (including a child adjudicated to be a
delinquent child) is a sexually violent predator under subsection (a). If
the court grants the motion, the court shall appoint two (2)
psychologists or psychiatrists who have expertise in criminal
behavioral disorders to evaluate the person and testify at the hearing.
After conducting the hearing and considering the testimony of the two
(2) psychologists or psychiatrists, the court shall determine whether the
person is a sexually violent predator under subsection (a). A hearing
conducted under this subsection may be combined with the person's
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sentencing hearing.
(f) If a person is a sexually violent predator:
(1) the person is required to register with the local law
enforcement authority as provided in IC 11-8-8; and
(2) the court shall send notice to the department of correction.
(g) This subsection does not apply to a person who has two (2) or
more unrelated convictions for an offense described in IC 11-8-8-4.5
for which the person is required to register under IC 11-8-8. A person
who is a sexually violent predator may petition the court to consider
whether the person should no longer be considered a sexually violent
predator. The person may file a petition under this subsection not
earlier than ten (10) years after:
(1) the sentencing court or juvenile court makes its determination
under subsection (e); or
(2) the person is released from incarceration or secure detention.
A person may file a petition under this subsection not more than one
(1) time per year. A court may dismiss a petition filed under this
subsection or conduct a hearing to determine if the person should no
longer be considered a sexually violent predator. If the court conducts
a hearing, the court shall appoint two (2) psychologists or psychiatrists
who have expertise in criminal behavioral disorders to evaluate the
person and testify at the hearing. After conducting the hearing and
considering the testimony of the two (2) psychologists or psychiatrists,
the court shall determine whether the person should no longer be
considered a sexually violent predator under subsection (a). If a court
finds that the person should no longer be considered a sexually violent
predator, the court shall send notice to the department of correction that
the person is no longer considered a sexually violent predator or an
offender against children. Notwithstanding any other law, a condition
imposed on a person due to the person's status as a sexually violent
predator, including lifetime parole or GPS monitoring, does not apply
to a person no longer considered a sexually violent predator.
(h) A person is not a sexually violent predator by operation of law
under subsection (b)(1) if all of the following conditions are met:
(1) The victim was not less than twelve (12) years of age at the
time the offense was committed.
(2) The person is not more than four (4) years older than the
victim.
(3) The relationship between the person and the victim was a
dating relationship or an ongoing personal relationship. The term
"ongoing personal relationship" does not include a family
relationship.
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(4) The offense committed by the person was not any of the
following:
(A) Rape (IC 35-42-4-1).
(B) Criminal deviate conduct (IC 35-42-4-2) (before its
repeal).
(C) An offense committed by using or threatening the use of
deadly force or while armed with a deadly weapon.
(D) An offense that results in serious bodily injury.
(E) An offense that is facilitated by furnishing the victim,
without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
furnished with the drug or controlled substance without the
victim's knowledge.
(5) The person has not committed another sex offense (as defined
in IC 11-8-8-5.2) (including a delinquent act that would be a sex
offense if committed by an adult) against any other person.
(6) The person did not have a position of authority or substantial
influence over the victim.
(7) The court finds that the person should not be considered a
sexually violent predator.
SECTION 230. IC 35-38-1-10.5, AS AMENDED BY P.L.56-2023,
SECTION 319, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 10.5. (a) The court:
(1) shall order that a person undergo a screening test for the
human immunodeficiency virus (HIV) if the person is:
(A) 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) convicted of an offense relating to controlled substances
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
risk of transmission of HIV by involving percutaneous contact;
and
(2) may order that a person undergo a screening test for a serious
disease (as defined in IC 16-41-8-5) in accordance with
IC 16-41-8-5.
(b) If the screening test required by this section indicates the
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presence of antibodies to HIV, the court shall order the person to
undergo a confirmatory test.
(c) If the confirmatory test confirms the presence of the HIV
antibodies, the court shall report the results to the Indiana department
of health and require a probation officer to conduct a presentence
investigation to:
(1) obtain the medical record of the convicted person from the
Indiana department of health under IC 16-41-8-1(b)(3); and
(2) determine whether the convicted person had received risk
counseling that included information on the behavior that
facilitates the transmission of HIV.
(d) A person who, in good faith:
(1) makes a report required to be made under this section; or
(2) testifies in a judicial proceeding on matters arising from the
report;
is immune from both civil and criminal liability due to the offering of
that report or testimony.
(e) The privileged communication between a husband and wife or
between a health care provider and the health care provider's patient is
not a ground for excluding information required under this section.
(f) A mental health service provider (as defined in IC 34-6-2-80)
IC 34-6-2.1-123) who discloses information that must be disclosed to
comply with this section is immune from civil and criminal liability
under Indiana statutes that protect patient privacy and confidentiality.
SECTION 231. IC 35-38-2-2.3, AS AMENDED BY HEA
1687-2025, SECTION 2, 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
responsibilities.
(6) Make restitution or reparation to the victim of the crime for
damage or injury that was sustained by the victim. When
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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
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
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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). IC 35-48-1.1-7). 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
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
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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
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.
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(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 232. IC 35-42-1-1.5, AS AMENDED BY P.L.80-2019,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1.5. (a) A person who knowingly or intentionally
manufactures or delivers a controlled substance or controlled substance
analog, in violation of:
(1) IC 35-48-4-1 (dealing in cocaine or a narcotic drug);
(2) IC 35-48-4-1.1 (dealing in methamphetamine);
(3) IC 35-48-4-1.2 (manufacturing methamphetamine); or
(4) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
substance);
that, when the controlled substance is used, injected, inhaled, absorbed,
or ingested, results in the death of a human being who used the
controlled substance, commits dealing in a controlled substance
resulting in death, a Level 1 felony.
(b) A person who knowingly or intentionally manufactures or
delivers a controlled substance, in violation of IC 35-48-4-3, that, when
the controlled substance is used, injected, inhaled, absorbed, or
ingested, results in the death of a human being who used the controlled
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substance, commits dealing in a controlled substance resulting in death,
a Level 2 felony.
(c) A person who knowingly or intentionally manufactures or
delivers a controlled substance, in violation of IC 35-48-4-4, an offense
under IC 35-48-4 involving a synthetic drug (as defined in
IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in
IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
substance analog (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8), or a
substance represented to be a controlled substance (as described in
IC 35-48-4-4.6), that, when the controlled substance is used, injected,
inhaled, absorbed, or ingested, results in the death of a human being
who used the controlled substance, commits dealing in a controlled
substance resulting in death, a Level 3 felony.
(d) It is not a defense to an offense described in this section that the
human being died:
(1) after voluntarily using, injecting, inhaling, absorbing, or
ingesting a controlled substance or controlled substance analog;
or
(2) as a result of using the controlled substance or controlled
substance analog in combination with alcohol or another
controlled substance or with any other compound, mixture,
diluent, or substance.
SECTION 233. IC 35-42-3.5-1.2, AS ADDED BY P.L.144-2018,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1.2. (a) A person who knowingly or intentionally
recruits, entices, harbors, or transports a child less than eighteen (18)
years of age with the intent of causing the child to engage in:
(1) prostitution or juvenile prostitution; or
(2) a performance or incident that includes sexual conduct in
violation of IC 35-42-4-4(b) or IC 35-42-4-4(c) (child
exploitation);
commits promotion of child sexual trafficking, a Level 3 felony.
(b) It is not a defense to a prosecution under this section that the:
(1) child consented to engage in prostitution or juvenile
prostitution or to participate in sexual conduct; or
(2) intended victim of the offense is a law enforcement officer.
(c) A person who knowingly or intentionally recruits, entices,
harbors, or transports a child less than sixteen (16) years of age with
the intent of inducing or causing the child to participate in sexual
conduct commits promotion of sexual trafficking of a younger child, a
Level 3 felony. It is a defense to a prosecution under this subsection if:
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(1) the child is at least fourteen (14) years of age but less than
sixteen (16) years of age and the person is less than eighteen (18)
years of age; or
(2) all the following apply:
(A) The person is not more than four (4) years older than the
victim.
(B) The relationship between the person and the victim was a
dating relationship or an ongoing personal relationship. The
term "ongoing personal relationship" does not include a family
relationship.
(C) The crime:
(i) was not committed by a person who is at least twenty-one
(21) years of age;
(ii) was not committed by using or threatening the use of
deadly force;
(iii) was not committed while armed with a deadly weapon;
(iv) did not result in serious bodily injury;
(v) was not facilitated by furnishing the victim, without the
victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim
was furnished with the drug or controlled substance without
the victim's knowledge; and
(vi) was not committed by a person having a position of
authority or substantial influence over the victim.
(D) The person has not committed another sex offense (as
defined in IC 11-8-8-5.2), including a delinquent act that
would be a sex offense if committed by an adult, against any
other person.
(E) The person is not promoting prostitution (as defined in
IC 35-45-4-4) with respect to the victim even though the
person has not been charged with or convicted of the offense.
SECTION 234. IC 35-42-4-1, AS AMENDED BY P.L.105-2022,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b), a
person who knowingly or intentionally has sexual intercourse with
another person or knowingly or intentionally causes another person to
perform or submit to other sexual conduct (as defined in
IC 35-31.5-2-221.5) when:
(1) the other person is compelled by force or imminent threat of
force;
(2) the other person is unaware that the sexual intercourse or other
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sexual conduct (as defined in IC 35-31.5-2-221.5) is occurring;
(3) the other person is so mentally disabled or deficient that
consent to sexual intercourse or other sexual conduct (as defined
in IC 35-31.5-2-221.5) cannot be given; or
(4) the person disregarded the other person's attempts to
physically, verbally, or by other visible conduct refuse the
person's acts;
commits rape, a Level 3 felony.
(b) An offense described in subsection (a) is a Level 1 felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon;
(3) it results in serious bodily injury to a person other than a
defendant; or
(4) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
furnished with the drug or controlled substance without the
victim's knowledge.
(c) In addition to any other penalty imposed for a violation of this
section, the court shall order the person to pay restitution under
IC 35-50-5-3 for expenses related to pregnancy and childbirth if the
pregnancy is a result of the offense.
SECTION 235. IC 35-42-4-3, AS AMENDED BY P.L.78-2022,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) A person who, with a child under fourteen
(14) years of age, knowingly or intentionally performs or submits to
sexual intercourse or other sexual conduct (as defined in
IC 35-31.5-2-221.5) commits child molesting, a Level 3 felony.
However, the offense is a Level 1 felony if:
(1) it is committed by a person at least twenty-one (21) years of
age;
(2) it is committed by using or threatening the use of deadly force
or while armed with a deadly weapon;
(3) it results in serious bodily injury;
(4) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
furnished with the drug or controlled substance without the
victim's knowledge; or
(5) it results in the transmission of a serious sexually transmitted
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disease and the person knew that the person was infected with the
disease.
(b) A person who, with a child under fourteen (14) years of age,
performs or submits to any fondling or touching, of either the child or
the older person, with intent to arouse or to satisfy the sexual desires of
either the child or the older person, commits child molesting, a Level
4 felony. However, the offense is a Level 2 felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
furnished with the drug or controlled substance without the
victim's knowledge.
(c) A person may be convicted of attempted child molesting of an
individual at least fourteen (14) years of age if the person believed the
individual to be a child under fourteen (14) years of age at the time the
person attempted to commit the offense.
(d) It is a defense to a prosecution under this section that the
accused person reasonably believed that the child was sixteen (16)
years of age or older at the time of the conduct, unless:
(1) the offense is committed by using or threatening the use of
deadly force or while armed with a deadly weapon;
(2) the offense results in serious bodily injury; or
(3) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
furnished with the drug or controlled substance without the
victim's knowledge.
(e) In addition to any other penalty imposed for a violation of this
section, the court shall order the person to pay restitution under
IC 35-50-5-3 for expenses related to pregnancy and childbirth if the
pregnancy is a result of the offense.
SECTION 236. IC 35-42-4-5, AS AMENDED BY P.L.158-2013,
SECTION 441, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 5. (a) A person eighteen (18) years
of age or older who knowingly or intentionally directs, aids, induces,
or causes a child under the age of sixteen (16) to touch or fondle
himself or herself or another child under the age of sixteen (16) with
intent to arouse or satisfy the sexual desires of a child or the older
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person commits vicarious sexual gratification, a Level 5 felony.
However, the offense is:
(1) a Level 4 felony if a child involved in the offense is under the
age of fourteen (14); and
(2) a Level 3 felony if:
(A) the offense is committed by using or threatening the use of
deadly force or while armed with a deadly weapon;
(B) the commission of the offense is facilitated by furnishing
the victim, without the victim's knowledge, with a drug (as
defined in IC 16-42-19-2(1)) or a controlled substance (as
defined in IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the
victim was furnished with the drug or controlled substance
without the victim's knowledge; or
(C) the commission of the offense results in serious bodily
injury.
(b) A person eighteen (18) years of age or older who knowingly or
intentionally directs, aids, induces, or causes a child under the age of
sixteen (16) to:
(1) engage in sexual intercourse with another child under sixteen
(16) years of age;
(2) engage in sexual conduct with an animal other than a human
being; or
(3) engage in other sexual conduct (as defined in
IC 35-31.5-2-221.5) with another person;
with intent to arouse or satisfy the sexual desires of a child or the older
person commits vicarious sexual gratification, a Level 4 felony.
However, the offense is a Level 3 felony if any child involved in the
offense is less than fourteen (14) years of age, and the offense is a
Level 2 felony if the offense is committed by using or threatening the
use of deadly force, if the offense is committed while armed with a
deadly weapon, if the offense results in serious bodily injury, or if the
commission of the offense is facilitated by furnishing the victim,
without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
furnished with the drug or controlled substance without the victim's
knowledge.
(c) A person eighteen (18) years of age or older who knowingly or
intentionally:
(1) engages in sexual intercourse;
(2) engages in other sexual conduct (as defined in
IC 35-31.5-2-221.5); or
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(3) touches or fondles the person's own body;
in the presence of a child less than fourteen (14) years of age with the
intent to arouse or satisfy the sexual desires of the child or the older
person commits performing sexual conduct in the presence of a minor,
a Level 6 felony.
SECTION 237. IC 35-42-4-8, AS AMENDED BY P.L.158-2013,
SECTION 444, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 8. (a) A person who, with intent to
arouse or satisfy the person's own sexual desires or the sexual desires
of another person:
(1) touches another person when that person is:
(A) compelled to submit to the touching by force or the
imminent threat of force; or
(B) so mentally disabled or deficient that consent to the
touching cannot be given; or
(2) touches another person's genitals, pubic area, buttocks, or
female breast when that person is unaware that the touching is
occurring;
commits sexual battery, a Level 6 felony.
(b) An offense described in subsection (a) is a Level 4 felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
furnished with the drug or controlled substance without the
victim's knowledge.
SECTION 238. IC 35-42-4-9, AS AMENDED BY P.L.40-2019,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. (a) A person at least eighteen (18) years of age
who knowingly or intentionally performs or submits to sexual
intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5)
with a child less than sixteen (16) years of age, commits sexual
misconduct with a minor, a Level 5 felony. However, the offense is:
(1) a Level 4 felony if it is committed by a person at least
twenty-one (21) years of age; and
(2) a Level 1 felony if it is committed by using or threatening the
use of deadly force, if it is committed while armed with a deadly
weapon, if it results in serious bodily injury, or if the commission
of the offense is facilitated by furnishing the victim, without the
victim's knowledge, with a drug (as defined in IC 16-42-19-2(1))
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or a controlled substance (as defined in IC 35-48-1-9)
IC 35-48-1.1-7) or knowing that the victim was furnished with
the drug or controlled substance without the victim's knowledge.
(b) A person at least eighteen (18) years of age who knowingly or
intentionally performs or submits to any fondling or touching with a
child less than sixteen (16) years of age with intent to arouse or to
satisfy the sexual desires of either the child or the older person,
commits sexual misconduct with a minor, a Level 6 felony. However,
the offense is:
(1) a Level 5 felony if it is committed by a person at least
twenty-one (21) years of age; and
(2) a Level 2 felony if it is committed by using or threatening the
use of deadly force, while armed with a deadly weapon, or if the
commission of the offense is facilitated by furnishing the victim,
without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
furnished with the drug or controlled substance without the
victim's knowledge.
(c) It is a defense that the accused person reasonably believed that
the child was at least sixteen (16) years of age at the time of the
conduct. However, this subsection does not apply to an offense
described in subsection (a)(2) or (b)(2).
(d) It is a defense that the child is or has ever been married.
However, this subsection does not apply to an offense described in
subsection (a)(2) or (b)(2).
(e) It is a defense to a prosecution under this section if all the
following apply:
(1) The person is not more than four (4) years older than the
victim.
(2) The relationship between the person and the victim was a
dating relationship or an ongoing personal relationship. The term
"ongoing personal relationship" does not include a family
relationship.
(3) The crime:
(A) was not committed by a person who is at least twenty-one
(21) years of age;
(B) was not committed by using or threatening the use of
deadly force;
(C) was not committed while armed with a deadly weapon;
(D) did not result in serious bodily injury;
(E) was not facilitated by furnishing the victim, without the
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victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) IC 35-48-1.1-7) or knowing that the victim was
furnished with the drug or controlled substance without the
victim's knowledge; and
(F) was not committed by a person having a position of
authority or substantial influence over the victim.
(4) The person has not committed another sex offense (as defined
in IC 11-8-8-5.2) (including a delinquent act that would be a sex
offense if committed by an adult) against any other person.
(5) The person is not promoting prostitution (as defined in
IC 35-45-4-4) with respect to the victim even though the person
has not been charged with or convicted of the offense.
SECTION 239. IC 35-43-2-2, AS AMENDED BY SEA 219-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) As used in this section, "authorized person"
means a person authorized by an agricultural operation or a scientific
research facility to act on behalf of the agricultural operation or the
scientific research facility.
(b) A person who:
(1) not having a contractual interest in the property, knowingly or
intentionally enters the real property of another person after
having been denied entry by the other person, that person's agent,
or a law enforcement officer acting on behalf of the other person
or that person's agent;
(2) not having a contractual interest in the property, knowingly or
intentionally refuses to leave the real property of another person
after having been asked to leave by the other person, that person's
agent, or a law enforcement officer acting on behalf of the other
person or that person's agent;
(3) accompanies another person in a vehicle, with knowledge that
the other person knowingly or intentionally is exerting
unauthorized control over the vehicle;
(4) knowingly or intentionally interferes with the possession or
use of the property of another person without the person's consent;
(5) not having a contractual interest in the property, knowingly or
intentionally enters the:
(A) property of an agricultural operation that is used for the
production, processing, propagation, packaging, cultivation,
harvesting, care, management, or storage of an animal, plant,
or other agricultural product, including any pasturage or land
used for timber management, without the consent of the owner
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of the agricultural operation or an authorized person; or
(B) dwelling of another person without the person's consent;
(6) knowingly or intentionally:
(A) travels by train without lawful authority or the railroad
carrier's consent; and
(B) rides on the outside of a train or inside a passenger car,
locomotive, or freight car, including a boxcar, flatbed, or
container without lawful authority or the railroad carrier's
consent;
(7) not having a contractual interest in the property, knowingly or
intentionally enters or refuses to leave the property of another
person after having been prohibited from entering or asked to
leave the property by a law enforcement officer when the property
is:
(A) vacant real property (as defined in IC 36-7-36-5) or a
vacant structure (as defined in IC 36-7-36-6); or
(B) designated by a municipality or county enforcement
authority to be:
(i) abandoned property or an abandoned structure (as
defined in IC 36-7-36-1); or
(ii) an unsafe building or an unsafe premises (as described
in IC 36-7-9);
(8) not having a contractual interest in the property, knowingly or
intentionally enters the real property of an agricultural operation
(as defined in IC 32-30-6-1) without the permission of the owner
of the agricultural operation or an authorized person, and
knowingly or intentionally engages in conduct that causes
property damage to:
(A) the owner of or a person having a contractual interest in
the agricultural operation;
(B) the operator of the agricultural operation; or
(C) a person having personal property located on the property
of the agricultural operation;
(9) not having a contractual interest in the property, knowingly or
intentionally enters the real property of a scientific research
facility (as defined in IC 35-31.5-2-287) without the permission
of, or with permission which was fraudulently obtained from, the
owner of the scientific research facility or an authorized person,
and knowingly or intentionally engages in conduct that causes
property damage to:
(A) the owner of or a person having a contractual interest in
the scientific research facility;
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(B) the operator of the scientific research facility; or
(C) a person having personal property located on the property
of the scientific research facility;
(10) knowingly or intentionally enters the property of another
person after being denied entry by a court order that has been
issued to the person or issued to the general public by
conspicuous posting on or around the premises in areas where a
person can observe the order when the property has been
designated by a municipality or county enforcement authority to
be:
(A) a vacant property;
(B) an abandoned property;
(C) an abandoned structure (as defined in IC 36-7-36-1); or
(D) an unsafe building or an unsafe premises (as described in
IC 36-7-9);
(11) knowingly or intentionally enters or refuses to leave the polls
(as defined in IC 3-5-2-39) IC 3-5-2.1-80) or chute (as defined in
IC 3-5-2-10) IC 3-5-2.1-21) after having been prohibited from
entering or asked to leave the polls or chute by a precinct election
officer (as defined in IC 3-5-2-40.1) IC 3-5-2.1-82) or a law
enforcement officer acting on behalf of a precinct election officer;
or
(12) knowingly or intentionally:
(A) without permission or prior authorization, enters an area
of property that is locked; or
(B) refuses to leave an area of a property that is otherwise not
accessible to the public, after being asked to leave the area of
a property by a law enforcement officer or an employee or
agent of the owner or operator of the property;
commits criminal trespass, a Class A misdemeanor. However, the
offense is a Level 6 felony if it is committed on a scientific research
facility, on a facility belonging to a public utility (as defined in
IC 32-24-1-5.9(a)), on school property, or on a school bus or the person
has a prior unrelated conviction for an offense under this section
concerning the same property. The offense is a Level 6 felony, for
purposes of subdivision (8), if the property damage is more than seven
hundred fifty dollars ($750) and less than fifty thousand dollars
($50,000). The offense is a Level 5 felony, for purposes of subdivisions
(8) and (9), if the property damage is at least fifty thousand dollars
($50,000).
(c) A person has been denied entry under subsection (b)(1) when the
person has been denied entry by means of:
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(1) personal communication, oral or written;
(2) posting or exhibiting a notice at the main entrance in a manner
that is either prescribed by law or likely to come to the attention
of the public;
(3) a hearing authority or court order under IC 32-30-6,
IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36; or
(4) posting the property by placing identifying purple marks on
trees or posts around the area where entry is denied.
(d) For the purposes of subsection (c)(4):
(1) each purple mark must be readily visible to any person
approaching the property and must be placed:
(A) on a tree:
(i) as a vertical line of at least eight (8) inches in length and
with the bottom of the mark at least three (3) feet and not
more than five (5) feet from the ground; and
(ii) not more than one hundred (100) feet from the nearest
other marked tree; or
(B) on a post:
(i) with the mark covering at least the top two (2) inches of
the post, and with the bottom of the mark at least three (3)
feet and not more than five (5) feet six (6) inches from the
ground; and
(ii) not more than thirty-six (36) feet from the nearest other
marked post; and
(2) before a purple mark that would be visible from both sides of
a fence shared by different property owners or lessees may be
applied, all of the owners or lessees of the properties must agree
to post the properties with purple marks under subsection (c)(4).
(e) A law enforcement officer may not deny entry to property or ask
a person to leave a property under subsection (b)(7) unless there is
reasonable suspicion that criminal activity has occurred or is occurring.
(f) A person described in subsection (b)(7) or (b)(10) violates
subsection (b)(7) or (b)(10), as applicable, unless the person has the
written permission of the owner, the owner's agent, an enforcement
authority, or a court to come onto the property for purposes of
performing maintenance, repair, or demolition.
(g) A person described in subsection (b)(10) violates subsection
(b)(10) unless the court that issued the order denying the person entry
grants permission for the person to come onto the property.
(h) Subsections (b), (c), and (g) do not apply to the following:
(1) A passenger on a train.
(2) An employee of a railroad carrier while engaged in the
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performance of official duties.
(3) A law enforcement officer, firefighter, or emergency response
personnel while engaged in the performance of official duties.
(4) A person going on railroad property in an emergency to rescue
a person or animal from harm's way or to remove an object that
the person reasonably believes poses an imminent threat to life or
limb.
(5) A person on the station grounds or in the depot of a railroad
carrier:
(A) as a passenger; or
(B) for the purpose of transacting lawful business.
(6) A:
(A) person; or
(B) person's:
(i) family member;
(ii) invitee;
(iii) employee;
(iv) agent; or
(v) independent contractor;
going on a railroad's right-of-way for the purpose of crossing at a
private crossing site approved by the railroad carrier to obtain
access to land that the person owns, leases, or operates.
(7) A person having written permission from the railroad carrier
to go on specified railroad property.
(8) A representative of the Indiana department of transportation
while engaged in the performance of official duties.
(9) A representative of the federal Railroad Administration while
engaged in the performance of official duties.
(10) A representative of the National Transportation Safety Board
while engaged in the performance of official duties.
SECTION 240. IC 35-45-6-1, AS AMENDED BY P.L.185-2023,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) The definitions in this section apply
throughout this chapter.
(b) "Documentary material" means any document, drawing,
photograph, recording, or other tangible item containing compiled data
from which information can be either obtained or translated into a
usable form.
(c) "Enterprise" means:
(1) a sole proprietorship, corporation, limited liability company,
partnership, business trust, or governmental entity; or
(2) a union, an association, or a group, whether a legal entity or
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merely associated in fact.
(d) "Pattern of racketeering activity" means engaging in at least two
(2) incidents of racketeering activity that have the same or similar
intent, result, accomplice, victim, or method of commission, or that are
otherwise interrelated by distinguishing characteristics that are not
isolated incidents. However, the incidents are a pattern of racketeering
activity only if at least one (1) of the incidents occurred after August
31, 1980, and if the last of the incidents occurred within five (5) years
after a prior incident of racketeering activity.
(e) "Racketeering activity" means to commit, to attempt to commit,
to conspire to commit a violation of, or aiding and abetting in a
violation of any of the following:
(1) A provision of IC 23-19, or of a rule or order issued under
IC 23-19.
(2) A violation of IC 35-45-9.
(3) A violation of IC 35-47.
(4) A violation of IC 35-49-3.
(5) Murder (IC 35-42-1-1).
(6) Battery as a Class C felony before July 1, 2014, or a Level 5
felony after June 30, 2014 (IC 35-42-2-1).
(7) Kidnapping (IC 35-42-3-2).
(8) Human and sexual trafficking crimes (IC 35-42-3.5).
(9) Child exploitation (IC 35-42-4-4).
(10) Robbery (IC 35-42-5-1).
(11) Carjacking (IC 35-42-5-2) (before its repeal).
(12) Arson (IC 35-43-1-1).
(13) Burglary (IC 35-43-2-1).
(14) Theft (IC 35-43-4-2).
(15) Receiving stolen property (IC 35-43-4-2) (before its
amendment on July 1, 2018).
(16) Forgery (IC 35-43-5-2).
(17) An offense under IC 35-43-5.
(18) Bribery (IC 35-44.1-1-2).
(19) Official misconduct (IC 35-44.1-1-1).
(20) Conflict of interest (IC 35-44.1-1-4).
(21) Perjury (IC 35-44.1-2-1).
(22) Obstruction of justice (IC 35-44.1-2-2).
(23) Intimidation (IC 35-45-2-1).
(24) Promoting prostitution (IC 35-45-4-4).
(25) Professional gambling (IC 35-45-5-3).
(26) Maintaining a professional gambling site
(IC 35-45-5-3.5(b)).
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(27) Promoting professional gambling (IC 35-45-5-4).
(28) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1).
(29) Dealing in methamphetamine (IC 35-48-4-1.1).
(30) Manufacturing methamphetamine (IC 35-48-4-1.2).
(31) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(32) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(34) Dealing in marijuana, hash oil, hashish, or salvia
(IC 35-48-4-10).
(35) Money laundering (IC 35-45-15-5).
(36) A violation of IC 35-47.5-5.
(37) A violation of any of the following:
(A) IC 23-14-48-9.
(B) IC 30-2-9-7(b).
(C) IC 30-2-10-9(b).
(D) IC 30-2-13-38(f).
(38) Practice of law by a person who is not an attorney
(IC 33-43-2-1).
(39) An offense listed in IC 35-48-4 involving the manufacture or
sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
synthetic drug lookalike substance (as defined in
IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
substance analog (as defined in IC 35-48-1-9.3), IC 35-48-1.1-8),
or a substance represented to be a controlled substance (as
described in IC 35-48-4-4.6).
(40) Dealing in a controlled substance resulting in death
(IC 35-42-1-1.5).
(41) Organized retail theft (IC 35-43-4-2.2).
SECTION 241. IC 35-45-21-5, AS ADDED BY P.L.158-2013,
SECTION 547, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 5. (a) The following definitions
apply throughout this section:
(1) "Health care provider" refers to a health care provider (as
defined in IC 16-18-2-163(a), IC 16-18-2-163(b), or
IC 16-18-2-163(c)) or a qualified medication aide as described in
IC 16-28-1-11.
(2) "Licensed health professional" has the meaning set forth in
IC 25-23-1-27.1.
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(3) "Practitioner" has the meaning set forth in IC 16-42-19-5.
However, the term does not include a veterinarian.
(4) "Prescription drug" has the meaning set forth in
IC 35-48-1-25. IC 35-48-1.1-35.
(b) A person who knowingly or intentionally physically interrupts,
obstructs, or alters the delivery or administration of a prescription drug:
(1) prescribed or ordered by a practitioner for a person who is a
patient of the practitioner; and
(2) without the prescription or order of a practitioner;
commits interference with medical services, a Class A misdemeanor,
except as provided in subsection (c).
(c) An offense described in subsection (b) is:
(1) a Level 6 felony if the offense results in bodily injury;
(2) a Level 5 felony if it is committed by a person who is a
licensed health care provider or licensed health professional;
(3) a Level 4 felony if it results in serious bodily injury to the
patient; and
(4) a Level 2 felony if it results in the death of the patient.
(d) A person is justified in engaging in conduct otherwise prohibited
under this section if the conduct is performed by:
(1) a health care provider or licensed health professional who acts
in good faith within the scope of the person's practice or
employment; or
(2) a person who is rendering emergency care at the scene of an
emergency or accident in a good faith attempt to avoid or
minimize serious bodily injury to the patient.
SECTION 242. IC 35-46-1-8, AS AMENDED BY P.L.252-2017,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) A person at least eighteen (18) years of age
who knowingly or intentionally encourages, aids, induces, or causes a
child to commit an act of delinquency (as defined by IC 31-37-1 or
IC 31-37-2) commits contributing to delinquency, a Class A
misdemeanor, except as provided in subsections (b) through (e).
(b) If the delinquent act described in subsection (a) would be a
felony if committed by an adult, the offense described in subsection (a)
is a felony of the same level as the delinquent act would be if
committed by an adult.
(c) The offense described in subsection (a) is a Level 5 felony if:
(1) the person committing the offense is at least twenty-one (21)
years of age and knowingly or intentionally furnishes:
(A) an alcoholic beverage to a child in violation of
IC 7.1-5-7-8 when the person committing the offense knew or
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reasonably should have known that the person furnished the
alcoholic beverage was a child; or
(B) a controlled substance (as defined in IC 35-48-1-9)
IC 35-48-1.1-7) or a drug (as defined in IC 9-13-2-49.1) in
violation of Indiana law; and
(2) the consumption, ingestion, or use of the alcoholic beverage,
controlled substance, or drug is the proximate cause of the death
of any person.
(d) Except as provided in subsection (c), the offense described in
subsection (a) is a Level 6 felony if:
(1) the person committing the offense is at least twenty-one (21)
years of age;
(2) the child who commits the delinquent act is less than sixteen
(16) years of age; and
(3) the act would be a misdemeanor if committed by an adult.
(e) If the person who commits the offense described in subsection
(a) is at least twenty-one (21) years of age, and the child who commits
the delinquent act is less than sixteen (16) years of age, the offense is:
(1) a Level 5 felony if the delinquent act would be a Level 6
felony if committed by an adult;
(2) a Level 4 felony if the delinquent act would be a Level 5
felony if committed by an adult;
(3) a Level 3 felony if the delinquent act would be a Level 4
felony if committed by an adult;
(4) a Level 2 felony if the delinquent act would be a Level 3
felony if committed by an adult;
(5) a Level 1 felony if the delinquent act would be a Level 1 or 2
felony if committed by an adult; or
(6) punishable under IC 35-50-2-3(a) (penalty for murder) if the
delinquent act would be murder if committed by an adult.
SECTION 243. IC 35-46-1-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 20. A law enforcement
officer shall enforce a foreign protection order (as defined in
IC 34-6-2-48.5) IC 34-6-2.1-76) in conformity with the procedures in
IC 34-26-5-17.
SECTION 244. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) Except as provided in subsections (b) and
(c), a person who operates a motorboat while:
(1) having an alcohol concentration equivalent (as defined in
IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
per:
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(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
(2) having a controlled substance listed in schedule I or II of
IC 35-48-2 or its metabolite in the person's body; or
(3) intoxicated;
commits a Class C misdemeanor.
(b) The offense is a Level 6 felony if:
(1) the person has a previous conviction under:
(A) IC 14-1-5 (repealed);
(B) IC 14-15-8-8 (repealed); or
(C) this chapter; or
(2) the offense results in serious bodily injury to another person.
(c) The offense is a Level 5 felony if the offense results in the death
or catastrophic injury of another person.
(d) It is a defense to a prosecution under subsection (a)(2) that the
accused person consumed the controlled substance in accordance with
a valid prescription or order of a practitioner (as defined in
IC 35-48-1-24) IC 35-48-1.1-34) who acted in the course of the
practitioner's professional practice.
SECTION 245. IC 35-47-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. "Drug abuser" means
an individual who has had two (2) or more violations of IC 35-48-1
(before its repeal), IC 35-48-1.1, IC 35-48-2, IC 35-48-3, or
IC 35-48-4, any one (1) of which resulted in conviction by a court or
treatment in a drug abuse facility within five (5) years prior to the date
of application.
SECTION 246. IC 35-47-11.1-1, AS ADDED BY P.L.152-2011,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. This chapter applies to a political subdivision
(as defined in IC 3-5-2-38). IC 3-5-2.1-79).
SECTION 247. IC 35-47-16-1, AS ADDED BY P.L.147-2014,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. A judicial officer:
(1) may possess and use a firearm in the same locations that a law
enforcement officer who is authorized to carry a firearm under
IC 5-2-1 may possess a firearm while the law enforcement officer
is engaged in the execution of the law enforcement officer's
official duties; and
(2) may not be prohibited from possessing a firearm on land or in
buildings and other structures owned or leased by:
(A) the state or any agency of state government; or
(B) a political subdivision (as defined in IC 3-5-2-38).
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IC 3-5-2.1-79).
SECTION 248. IC 35-48-1 IS REPEALED [EFFECTIVE JULY 1,
2025]. (Definitions for Controlled Substances Law).
SECTION 249. IC 35-48-1.1 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]:
Chapter 1.1. Definitions
Sec. 1. Section 8 of this chapter (formerly IC 35-48-1-9.3, as
added by P.L.225-2003) applies only to a controlled substance
offense under IC 35-48-4 that occurs after June 30, 2003.
Sec. 2. The definitions in this chapter apply throughout this
article.
Sec. 3. "Administer" means the direct application of a
controlled substance, whether by injection, inhalation, ingestion, or
any other means, to the body of a patient or research subject by:
(1) a practitioner or by the practitioner's authorized agent; or
(2) the patient or research subject at the direction and in the
presence of the practitioner.
Sec. 4. "Agent" means an authorized person who acts on behalf
of, or at the direction of, a manufacturer, distributor, or dispenser,
but it does not include a common or contract carrier, public
warehouseman, or employee of the carrier or warehouseman.
Sec. 5. "Board" refers to the Indiana state board of pharmacy.
Sec. 6. "Cocaine" includes coca leaves and any salt, compound,
or derivative of coca leaves, and any salt, compound, isomer,
derivative, or preparation which is chemically equivalent or
identical to any of these substances. However, decocainized coca
leaves or extraction of coca leaves that do not contain cocaine or
ecgonine are not included.
Sec. 7. "Controlled substance" means a drug, substance, or
immediate precursor in schedule I, II, III, IV, or V under:
(1) IC 35-48-2-4, IC 35-48-2-6, IC 35-48-2-8, IC 35-48-2-10, or
IC 35-48-2-12, if IC 35-48-2-14 does not apply; or
(2) a rule adopted by the board, if IC 35-48-2-14 applies.
The term does not include low THC hemp extract.
Sec. 8. (a) "Controlled substance analog" means a substance
that, due to its chemical structure and potential for abuse or
misuse, meets the following criteria:
(1) The substance is substantially similar to a controlled
substance classified under IC 35-48-2.
(2) The substance has a narcotic, stimulant, depressant, or
hallucinogenic effect on the central nervous system or is
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represented or intended to have a narcotic, stimulant,
depressant, or hallucinogenic effect on the central nervous
system substantially similar to or greater than that of a
controlled substance classified under IC 35-48-2.
(b) The definition set forth in subsection (a) does not include:
(1) a controlled substance;
(2) a legend drug;
(3) a substance for which there is an approved new drug
application;
(4) any compound, mixture, or preparation that contains any
controlled substance, that is not for administration to a
human being or an animal, and that is packaged in a form or
concentration, or with adulterants or denaturants, such that
as packaged it does not present any significant potential for
abuse;
(5) a substance to which an investigational exemption applies
under Section 505 of the federal Food, Drug and Cosmetic Act
(chapter 675, 52 Stat. 1052 (21 U.S.C. 355)), but only to the
extent that conduct with respect to the substance is pursuant
to the exemption; or
(6) low THC hemp extract.
(c) For purposes of subsection (a), "substantially similar", as it
applies to the chemical structure of a substance, means that the
chemical structure of the substance, when compared to the
structure of a controlled substance, has a single difference in the
structural formula that substitutes one (1) atom or functional
group for another, including:
(1) one (1) halogen for another halogen;
(2) one (1) hydrogen for a halogen;
(3) one (1) halogen for a hydrogen; or
(4) an alkyl group added or deleted:
(A) as a side chain to or from a molecule; or
(B) from a side chain of a molecule.
Sec. 9. "Counterfeit substance" means a controlled substance
which, or the container or labeling of which, without authorization,
bears the trademark, trade name, or other identifying mark,
imprint, number, or device, or any likeness thereof, of a
manufacturer, distributor, or dispenser other than the person who
in fact manufactured, distributed, or dispensed the substance.
Sec. 10. "Delivery" means:
(1) an actual or constructive transfer from one (1) person to
another of a controlled substance, whether or not there is an
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agency relationship; or
(2) the organizing or supervising of an activity described in
subdivision (1).
Sec. 11. "Dispense" means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the lawful
order of a practitioner and includes the prescribing, administering,
packaging, labeling, or compounding necessary to prepare the
substance for that delivery.
Sec. 12. "Dispenser" means a practitioner who dispenses.
Sec. 13. "Distribute" means to deliver other than by
administering or dispensing a controlled substance.
Sec. 14. "Distributor" means a person who distributes.
Sec. 15. (a) Except as provided in subsection (b), "drug" has the
meaning set forth in IC 16-42-19-2. It does not include devices or
their components, parts, or accessories, nor does it include food.
(b) For purposes of IC 35-48-4, "drug":
(1) has the meaning set forth in subsection (a); and
(2) includes a controlled substance (as defined in section 7 of
this chapter) and a controlled substance analog (as defined in
section 8 of this chapter).
Sec. 16. "Drug offense" means a felony or misdemeanor
involving the production, delivery, sale, or possession of a
controlled substance.
Sec. 17. "Drug related felony" means a felony conviction for an
offense described in:
(1) IC 35-48-4-1 through IC 35-48-4-11.5 (repealed); or
(2) IC 35-48-4-13 (repealed) through IC 35-48-4-14.7.
Sec. 18. "Enhancing circumstance" means one (1) or more of
the following:
(1) The person has a prior conviction for dealing in a
controlled substance that is not marijuana, hashish, hash oil,
or salvia divinorum.
(2) The person committed the offense while in possession of a
firearm.
(3) The person committed the offense:
(A) on a school bus; or
(B) in, on, or within five hundred (500) feet of:
(i) school property while a person under eighteen (18)
years of age was reasonably expected to be present; or
(ii) a public park while a person under eighteen (18)
years of age was reasonably expected to be present.
(4) The person delivered or financed the delivery of the drug
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to a person under eighteen (18) years of age at least three (3)
years junior to the person.
(5) The person manufactured or financed the manufacture of
the drug.
(6) The person committed the offense in the physical presence
of a child less than eighteen (18) years of age, knowing that
the child was present and might be able to see or hear the
offense.
(7) The person committed the offense on the property of a:
(A) penal facility; or
(B) juvenile facility (as defined in IC 35-44.1-3-5).
(8) The person knowingly committed the offense in, on, or
within one hundred (100) feet of a facility. For purposes of
this subdivision, "facility" means a place that is:
(A) created and funded under IC 12-23-14 or IC 33-23-16;
(B) certified under IC 12-23-1-6; or
(C) used for the purpose of conducting a recovery or
support group meeting;
and at which a drug abuser (as defined in IC 12-7-2-73) may
be provided with treatment, care, or rehabilitation.
Sec. 19. "Fentanyl containing substance" means one (1) or more
of the following substances, including their isomers, esters, ethers,
salts, and salts of isomers, esters, and ethers:
(1) 4-fluoroisobutyryl fentanyl.
(2) Acetyl fentanyl (Other names include:
N-(1-phenethylpiperidin-4-yl)- N- phenylacetamide).
(3) Cyclopentyl fentanyl. Other name:
N-(1-phenethylpiperidin- 4-yl)-N-
phenylcyclopentanecarboxamide.
(4) Fentanyl related substances.
(5) Furanyl fentanyl.
(6) Isobutyryl fentanyl. Other name: N-(1-phenethylpiperidin-
4-yl)-N- phenylisobutyramide.
(7) Methoxyacetyl fentanyl. Other name:
2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide.
(8) 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
piperidyl] - N-phenyl-propanimide] (9813).
(9) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide) (9833).
(10) N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl)
isobutyramide (para-chloroisobutyryl fentanyl).
(11) N-(2-fluorophenyl)-2-methoxy-
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N-(1-phenethylpiperidin-4-yl) acetamide (ocfentanil).
(12) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl)
butyramide (para-fluorobutyryl fentanyl).
(13) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also
known as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide,
(butyryl fentanyl).
(14) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide
(valeryl fentanyl).
(15) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl)
butyramide (para-methoxybutyryl fentanyl).
(16) N-[1-(2-thienyl)methyl-4-piperidyl]-
N-phenylpropanamide (thenylfentanyl), including any
isomers, salts, or salts of isomers (9834).
(17) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
(isobutyryl fentanyl).
(18) N-(1-phenethylpiperidin-4-yl)-
Nphenylcyclopentanecarboxamide (cyclopentyl fentanyl).
(19) Para-chloroisobutyryl fentanyl. Other name:
N-(4-chlorophenyl)- N-(1-phenethylpiperidin- 4-yl)
isobutyramide.
(20) Para-fluorobutyryl fentanyl. Other name: N-(4-
fluorophenyl)-N- (1-phenethylpiperidin- 4-yl)butyramide.
(21) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-
(2-phenethyl)- 4-piperidinyl] propanamide (9812).
(22) Para-methoxybutyryl fentanyl. Other name: N-(4-
methoxyphenyl)-N- (1-phenethylpiperidin-4-yl)butyramide.
(23) Tetrahydrofuranyl fentanyl. Other name:
N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-c
arb oxamide.
(24) Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
piperidinyl] -propanamide) (9835).
(25) Valeryl fentanyl. Other name:
N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide.
(26) Fentanyl.
(27) An immediate precursor to fentanyl: 4-Anilino-
N-Phenethyl-4-Piperidine (ANPP).
(28) Carfentanil.
Sec. 20. "Fentanyl related substance" means any substance not
listed in schedule I through V of IC 35-48-2 that is structurally
related to fentanyl by one (1) or more of the following
modifications:
(1) Replacement of the phenyl portion of the phenethyl group
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by any monocycle, whether or not further substituted in or on
the monocycle.
(2) Substitution in or on the phenethyl group with alkyl,
alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro
groups.
(3) Substitution in or on the piperidine ring with alkyl,
alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino,
or nitro groups.
(4) Replacement of the aniline ring with any aromatic
monocycle whether or not further substituted in or on the
aromatic monocycle.
(5) Replacement of the N-propionyl group by another acyl
group.
Sec. 21. "Hashish" does not include low THC hemp extract.
Sec. 22. "Hash oil" does not include low THC hemp extract.
Sec. 23. (a) "Hemp bud" means the harvested immature
reproductive organ of the female hemp plant.
(b) The term does not include agricultural hemp seed.
Sec. 24. (a) "Hemp flower" means the harvested reproductive
organ, whether immature or mature, of the female hemp plant.
(b) The term does not include agricultural hemp seed.
Sec. 25. "Immediate precursor" means a substance which the
board has found to be and by rule designates as being the principal
compound commonly used or produced primarily for use, and
which is an immediate chemical intermediate used or likely to be
used in the manufacture of a controlled substance, the control of
which is necessary to prevent, curtail, or limit manufacture.
Sec. 26. (a) Except as provided in subsections (b) and (c),
"isomer" means an optical isomer.
(b) "Isomer", as used in IC 35-48-2-4(d), means an optical,
positional, or geometric isomer.
(c) "Isomer", as used in section 6 of this chapter, means an
optical or geometric isomer.
Sec. 27. (a) "Low THC hemp extract" means a substance or
compound that:
(1) is derived from or contains any part of the plant Cannabis
sativa L. that meets the definition of hemp under
IC 15-15-13-6;
(2) contains not more than three-tenths percent (0.3%) total
delta-9-tetrahydrocannabinol (THC), including precursors, by
weight; and
(3) contains no other controlled substances.
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(b) The term does not include:
(1) the harvested reproductive organ, whether immature or
mature, of the female hemp plant; or
(2) smokable hemp.
Sec. 28. "Manufacture" means the following:
(1) For offenses not involving marijuana, hashish, or hash oil:
(A) the production, preparation, propagation,
compounding, conversion, or processing of a controlled
substance, either directly or indirectly by extraction from
substances of natural origin, independently by means of
chemical synthesis, or by a combination of extraction and
chemical synthesis, and includes any packaging or
repackaging of the substance or labeling or relabeling of its
container. It does not include the preparation,
compounding, packaging, or labeling of a controlled
substance:
(i) by a practitioner as an incident to administering or
dispensing of a controlled substance in the course of a
professional practice; or
(ii) by a practitioner, or by the practitioner's authorized
agent under the practitioner's supervision, for the
purpose of, or as an incident to, research, teaching, or
chemical analysis and not for sale; or
(B) the organizing or supervising of an activity described
in clause (A).
(2) For offenses involving marijuana, hashish, or hash oil:
(A) the preparation, compounding, conversion, or
processing of marijuana, hashish, or hash oil, either
directly or indirectly by extraction from substances of
natural origin, independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of
the marijuana, hashish, or hash oil, or labeling or
relabeling of its container. It does not include planting,
growing, cultivating, or harvesting a plant, or the
preparation, compounding, packaging, or labeling of
marijuana, hashish, or hash oil:
(i) by a practitioner as an incident to lawfully
administering or dispensing of marijuana, hashish, or
hash oil in the course of a professional practice; or
(ii) by a practitioner, or by the practitioner's authorized
agent under the practitioner's supervision, for the
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purpose of, or as an incident to, research, teaching, or
chemical analysis and not for sale; or
(B) the organizing or supervising of an activity described
in clause (A).
Sec. 29. (a) "Marijuana" means any part of the plant genus
Cannabis whether growing or not; the seeds thereof; the resin
extracted from any part of the plant, including hashish and hash
oil; any compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds or resin.
(b) The term does not include:
(1) the mature stalks of the plant;
(2) fiber produced from the stalks;
(3) oil or cake made from the seeds of the plant;
(4) any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks (except the resin
extracted therefrom);
(5) the sterilized seed of the plant which is incapable of
germination;
(6) hemp (as defined by IC 15-15-13-6);
(7) low THC hemp extract; or
(8) smokable hemp.
Sec. 30. "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances of
vegetable origin, independently by means of chemical synthesis, or
by a combination of extraction and chemical synthesis:
(1) Opium, opiates, derivatives of opium and opiates,
including their isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers, whenever the existence of these
isomers, esters, ethers, and salts is possible within the specific
chemical designation. The term does not include the
isoquinoline alkaloids of opium.
(2) Opium poppy and poppy straw.
(3) Any compound, mixture, or preparation which contains
any quantity of any of the substances referred to in this
section.
Sec. 31. "Opiate" or "opioid" means a drug or other substance
having an addiction-forming or addiction-sustaining liability
similar to morphine or being capable of conversion into a drug
having addiction-forming or addiction-sustaining liability. It does
not include, unless specifically designated as controlled under
IC 35-48-2, the dextrorotatory isomer of
3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
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It does include its racemic and levorotatory forms.
Sec. 32. "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
Sec. 33. "Poppy straw" means any part, except the seeds, of the
opium poppy, after mowing.
Sec. 34. "Practitioner" means a physician, dentist, veterinarian,
scientific investigator, pharmacy, hospital, or other institution or
individual licensed, registered, or otherwise permitted to
distribute, dispense, conduct research with respect to, or
administer a controlled substance in the course of professional
practice or research in Indiana.
Sec. 35. "Prescription drug" means a controlled substance or a
legend drug (as defined in IC 16-18-2-199).
Sec. 36. "Production" includes the manufacture, planting,
cultivation, growing, or harvesting of a controlled substance.
Sec. 37. "Sale to a minor" means delivery or financing the
delivery of a drug to a person less than eighteen (18) years of age
and at least three (3) years junior to the person making the
delivery or financing.
Sec. 38. (a) Except as provided in subsection (b), "smokable
hemp" means a product containing not more than three-tenths
percent (0.3%) delta-9-tetrahydrocannabinol (THC), including
precursors and derivatives of THC, in a form that allows THC to
be introduced into the human body by inhalation of smoke. The
term includes:
(1) hemp bud; and
(2) hemp flower.
(b) The term does not include:
(1) a hemp plant that is; or
(2) parts of a hemp plant that are;
grown or handled by a licensee for processing or manufacturing
into a legal hemp product.
Sec. 39. "Ultimate user" means a person who lawfully possesses
a controlled substance for the person's own use, for the use of a
member of the person's household, or for administering to an
animal owned by the person or by a member of the person's
household.
SECTION 250. IC 35-48-2-4, AS AMENDED BY HEA 1056-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) The controlled substances listed in this
section are included in schedule I.
(b) Opiates. Any of the following opiates, including their isomers,
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esters, ethers, salts, and salts of isomers, esters, and ethers, unless
specifically excepted by rule of the board or unless listed in another
schedule, whenever the existence of these isomers, esters, ethers, and
salts is possible within the specific chemical designation:
4-fluoroisobutyryl fentanyl.
Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
piperidinyl]-N-phenylacetamide) (9815).
Acetyl fentanyl (Other names include:
N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide).
Acetylmethadol (9601).
Acrylfentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-
N-phenylacrylamide.
Allylprodine (9602).
Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832).
Alphacetylmethadol (9603).
Alphameprodine (9604).
Alphamethadol (9605).
Alpha'-Methyl butyryl fentanyl (2-methyl-N-(1-
phenethylpiperidin- 4-yl)-N-phenylbutanamide) (9864).
Alphamethylfentanyl (9814).
Benzethidine (9606).
Beta-hydroxy-3-methylfentanyl (9831). Other name:
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
]-N-phenylpropanamide.
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830).
Betacetylmethadol (9607).
Betameprodine (9608).
Betamethadol (9609).
Betaprodine (9611).
Brorphine (9098). Other name:
1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2
H-benzo[d]imidazol-2-one.
2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1yl)-N,N-dieth
ylethan-1-amine (butonitazene); other name: butoxynitazene
(9751).
Clonitazene (9612).
Cyclopentyl fentanyl. Other name:
N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxami
de.
Dextromoramide (9613).
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Diampromide (9615).
Diethylthiambutene (9616).
N,N-diethyl-2-(2-(4-flourobenzyl)-5-nitro-1H-benzimidazol-1-y
l)ethan-1-amine (flunitazene) (9756).
N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)eth
an-1-amine (metodesnitazene) (9764).
N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-
1-yl)ethan-1-amine (metonitazene).
N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-
1-yl)ethan-1-amine (protonitazene); other name: pronitazene.
Difenoxin (9168).
Dimenoxadol (9617).
Dimepheptanol (9618).
2',5'-Dimethoxyfentanyl (N-(1- (2,5-dimethoxyphenethyl)
piperidin-4-yl)- N-phenylpropionamide) (9861).
Dimethylthiambutene (9619).
Dioxaphetyl butyrate (9621).
Dipipanone (9622).
2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1yl)-N,N-diethylethan-
1-amine (etodesnitazene; etazene).
2-(4-ethnoxybenzyl)5-nitro-1(2-(pyrorolidin-1-yl)ethyl)-1H-ben
zimidazol (N-pyrrolidino etonizatene; etonitazepyne).
Ethylmethylthiambutene (9623).
Etonitazene (9624).
Etoxeridine (9625).
Fentanyl related substances.
Furanyl fentanyl (N-(1-phenethylpiperidin- 4-yl)- N-phenylfuran-
2-carboxamide) (9834).
3-Furanyl fentanyl (N-(1-phenethylpiperidin- 4-yl)-
N-phenylfuran- 3- carboxamide) (9860).
Furethidine (9626).
Hydroxypethidine (9627).
Isobutyryl fentanyl. Other name:
N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide.
Isotonitazene. Other name: N,N-diethyl-2-
(2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-
1-yl)ethan-1-amine).
Isovaleryl fentanyl (3-methyl- N-(1-phenethylpiperidin-4-yl)- N-
phenylbutanamide) (9862).
Ketobemidone (9628).
Levomoramide (9629).
Levophenacylmorphan (9631).
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Meta-Fluorofentanyl (N-(3- fluorophenyl)- N-
(1-phenethylpiperidin-4-yl) propionamide) (9857).
Meta-Fluoroisobutyryl fentanyl (N-(3-fluorophenyl)- N-
(1-phenethylpiperidin-4-yl) isobutyramide) (9858).
Methoxyacetyl fentanyl. Other name:
2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide.
2-Methyl AP-237
(1-(2-methyl-4-(3-phenylprop-2-en-1-yl)piperazin-1-yl)butan-1
-one) (9664).
3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
piperidyl]-N-phenyl-propanimide](9813).
3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide) (9833).
Metonitazene
(N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol
-1-yl)ethan-1-amine) (9757).
MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961).
Morpheridine (9632).
N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
including any isomers, salts, or salts of isomers (9818).
N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] 25 piperidin-4-yl]-
N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-
(2-thienyl)ethyl] -4- piperidinyl]- N-phenylpropanamide,
(beta-hydroxythiofentanyl).
N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide
(para-chloroisobutyryl fentanyl).
N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
acetamide (ocfentanil).
N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide
(para-fluorobutyryl fentanyl).
N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known
as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl
fentanyl).
N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
fentanyl).
N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide
(para-methoxybutyryl fentanyl).
N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
(thenylfentanyl), including any isomers, salts, or salts of isomers
(9834).
N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl
fentanyl).
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N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide
(cyclopentyl fentanyl).
Noracymethadol (9633).
Norlevorphanol (9634).
Normethadone (9635).
Norpipanone (9636).
Ocfentanil. Other name:
N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
acetamide.
Ortho-fluorofentanyl or 2-fluorofentanyl. Other name:
N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide.
Ortho-Fluorofuranyl fentanyl (N-(2-fluorophenyl)- N-
(1-phenethylpiperidin-4-yl)furan-2-carboxamide) (9863).
Para-chloroisobutyryl fentanyl. Other name:
N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide.
Para-fluorobutyryl fentanyl. Other name:
N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide.
Para-fluorofentanyl (N-(4-fluorophenyl)-N-
[1-(2-phenethyl)-4-piperidinyl] propanamide (9812).
Para-methoxybutyryl fentanyl. Other name:
N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide.
Para-Methoxyfuranyl fentanyl (N-(4-methoxyphenyl)- N-
(1-phenethylpiperidin-4-yl) furan-2-carboxamide (9859).
Para-Methylcyclopropyl fentanyl (N-(4-methylphenyl)- N-
(1-phenethylpiperidin- 4-yl)cyclopropanecarboxamide) (9865).
Phenadoxone (9637).
Phenampromide (9638).
Phenomorphan (9647).
Phenoperidine (9641).
PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663).
Piritramide (9642).
Proheptazine (9643).
Properidine (9644).
Propiram (9649).
Racemoramide (9645).
Tetrahydrofuranyl fentanyl. Other name:
N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb
oxamide.
Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
piperidinyl]-propanamide) (9835).
Tianeptine (7-[(3-chloro-6-methyl-5,5-dioxo-11H-benzo[c]
[2,1]benzothiazepin-11-yl)amino]heptanoic acid).
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Tilidine (9750).
Trimeperidine (9646).
U47700 (3,4-dichloro- N- [2-dimethylamino)cyclohexyl]-
N-methyl- benzamide).
Valeryl fentanyl. Other name:
N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide.
Zipeprol (1-methoxy-3- [4-(2-methoxy-2-phenylethyl) piperazin-
1-yl]- 1- phenylpropan- 2-ol) (9873).
(c) Opium derivatives. Any of the following opium derivatives, their
salts, isomers, and salts of isomers, unless specifically excepted by rule
of the board or unless listed in another schedule, whenever the
existence of these salts, isomers, and salts of isomers is possible within
the specific chemical designation:
Acetorphine (9319).
Acetyldihydrocodeine (9051).
Benzylmorphine (9052).
Codeine methylbromide (9070).
Codeine-N-Oxide (9053).
Cyprenorphine (9054).
Desomorphine (9055).
Dihydromorphine (9145).
Drotebanol (9335).
Etorphine (except hydrochloride salt) (9056).
Heroin (9200).
Hydromorphinol (9301).
Methyldesorphine (9302).
Methyldihydromorphine (9304).
Morphine methylbromide (9305).
Morphine methylsulfonate (9306).
Morphine-N-Oxide (9307).
Myrophine (9308).
Nicocodeine (9309).
Nicomorphine (9312).
Normorphine (9313).
Pholcodine (9314).
Thebacon (9315).
(d) Hallucinogenic substances. Unless specifically excepted or
unless listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
hallucinogenic, psychedelic, or psychogenic substances, their salts,
isomers, and salts of isomers whenever the existence of these salts,
isomers, and salts of isomers is possible within the specific chemical
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designation (for purposes of this subsection only, the term "isomer"
includes the optical, position, and geometric isomers):
(1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
TCPy.
(2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or
other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine;
4-Bromo-2, 5-DMA.
(3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade
or other names:
2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
alpha-desmethyl DOB; 2C-B, Nexus.
(4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
DOET.
(5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
Other name: 2C-T-7.
(6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
(7) 4-Methoxyamphetamine (7411). Some trade or other names:
4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine;
PMA.
(8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other
Name: MMDA.
(9) 5-Methoxy-N, N-diisopropyltryptamine, including any
isomers, salts, or salts of isomers (7439). Other name:
5-MeO-DIPT.
(10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
and other names: 4-methyl-2,
5-dimethoxy-a-methylphenethylamine; DOM; and STP.
(11) 3, 4-methylenedioxy amphetamine (7400). Other name:
MDA.
(12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
phenethylamine; N-ethyl MDA; MDE; and MDEA.
(13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
(14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.
(15) Alpha-ethyltryptamine (7249). Some trade and other names:
Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine;
3-(2-aminobutyl) indole; [alpha]-ET; and AET.
(16) Alpha-methyltryptamine (7432). Other name: AMT.
(17) Bufotenine (7433). Some trade and other names:
3-(B-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
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5-hydroxy-N, N-dimethyltryptamine; mappine.
(18) Diethyltryptamine (7434). Some trade or other names: N,
N-Diethyltryptamine; DET.
(19) Dimethyltryptamine (7435). Some trade or other names:
DMT.
(20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b,
7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido
(1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.
(21) Lysergic acid diethylamide (7315). Other name: LSD.
(22) Marijuana (7360).
(23) Mescaline (7381).
(24) Methoxetamine[2-(ethylamino)-2-(3-methoxyphenyl)
cyclohexan-1-one or 2-(3-methoxyphenyl)-2-(ethylamino)-
cyclohexanone].
(25) Parahexyl (7374). Some trade or other names:
3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
(26) Peyote (7415), including:
(A) all parts of the plant that are classified botanically as
lophophora williamsii lemaire, whether growing or not;
(B) the seeds thereof;
(C) any extract from any part of the plant; and
(D) every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or extracts.
(27) N-ethyl-3-piperidyl benzilate (7482). Other name: DMZ.
(28) N-hydroxy-3,4-methylenedioxyamphetamine (7402). Other
names: N-hydroxy-alpha-methyl-3,4
(methylenedioxy)phenethylamine; and N-hydroxy MDA.
(29) N-methyl-3-piperidyl benzilate (7484). Other name: LBJ.
(30) Psilocybin (7437).
(31) Psilocyn (7438).
(32) Tetrahydrocannabinols (7370), including synthetic
equivalents of the substances contained in the plant, or in the
resinous extractives of Cannabis, sp. and synthetic substances,
derivatives, and their isomers with similar chemical structure and
pharmacological activity such as:
(A) ð1 cis or trans tetrahydrocannabinol, and their optical
isomers;
(B) ð6 cis or trans tetrahydrocannabinol, and their optical
isomers; and
(C) ð3, cis or trans tetrahydrocannabinol, and their optical
4
isomers.
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Since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of
numerical designation of atomic positions are covered. Other
name: THC.
(33) Ethylamine analog of phencyclidine (7455). Some trade or
other names: N-Ethyl-1-phenylcyclohexylamine;
(1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
ethylamine; cyclohexamine; PCE.
(34) Pyrrolidine analog of phencyclidine (7458). Some trade or
other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy; PHP.
(35) Thiophene analog of phencyclidine (7470). Some trade or
other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
Analog of Phencyclidine; TPCP.
(36) Salvia divinorum or salvinorin A, including:
(A) all parts of the plant that are classified botanically as salvia
divinorum, whether growing or not;
(B) the seeds of the plant;
(C) any extract from any part of the plant; and
(D) every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or extracts.
(37) 5-Methoxy-N,N-Dimethyltryptamine. Some trade or other
names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole;
5-MeO-DMT.
(38) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
(39) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
(40) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C).
(41) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I).
(42) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] ethanamine (2C-T-2).
(43) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl] ethanamine
(2C-T-4).
(44) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).
(45) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).
(46) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine (2C-P).
(47) Deschloroketamine (2-Phenyl-2-
(methylamino)cyclohexanone).
(48) 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-
ethyltryptamine).
(49) N-methyltryptamine (1H-Indole-3-ethanamine, N-methyl-).
(50) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)butan-1-one (other
names: eutylone; bk-EBDB (7549)).
(51) N-(1-amino- 3,3-dimethyl-1- oxobutan-2-yl)-
1-butyl-1H-indazole-3- carboxamide (other name:
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ADB–BUTINACA) (7027).
(52) 4-methyl-1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one (other
names: á-PiHP; alpha-PiHP) (7551).
(53) 2-(methylamino)-1-(3-methylphenyl)propan-1-one (other
names: 3–MMC; 3-methylmethcathinone) (1259).
(e) Depressants. Unless specifically excepted in a rule adopted by
the board or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous system,
including its salts, isomers, and salts of isomers whenever the existence
of such salts, isomers, and salts of isomers is possible within the
specific chemical designation:
Etizolam (4-(2- chlorophenyl)-2- ethyl-9- methyl- 6H-
thieno[3,2-f] [1,2,4] triazolo[4,3-a] [1,4diazepine) (other names
include: Etilaam, Etizest, Depas, Etizola, Sedekopan, and
Pasaden).
Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-
4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine).
Gamma-hydroxybutyric acid (other names include GHB;
gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
oxybate; sodium oxybutyrate) (2010).
Mecloqualone (2572).
Methaqualone (2565).
(f) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation that
contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its salts, isomers, and
salts of isomers:
([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590).
Amineptine (7-[(10,11-dihydro-5H- dibenzo[a,d]cyclohepten- 5-
yl)amino] heptanoic acid) (1219).
Aminorex (1585). Other names: aminoxaphen;
2-amino-5-phenyl-2-oxazoline; or
4,5-dihydro-5-phenyl-2-oxazolamine.
4,4'-Dimethylaminorex (4,4'-DMAR; 4,5-dihydro- 4-methyl-5-(4-
methylphenyl)- 2- oxazolamine; 4-methyl-5- (4-methylphenyl)-
4,5-dihydro-1,3-oxazol- 2-amine).
Benzylone, 1-(1,3-benzodioxol-5-yl)-2-(benzylamino)propan
-1-one. Synonyms: BMDP, N-benzyl methylone,
3,4-Methylenedioxy-Nbenzylcathinone,
N-benzyl-3,4-methylenedioxycathinone.
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Cathinone (1235). Some trade or other names:
2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
2-aminopropiophenone; and norephedrone.
Ethylphenidate (ethyl 2-phenyl-2-(piperidin-2-yl)acetate) (1727).
Fenethylline (1503).
N-Benzylpiperazine (7493). Other names: BZP; and
1-benzylpiperazine.
N-ethylamphetamine (1475).
Mesocarb (N-phenyl-N-(3-(1-
phenylpropan-2-yl)-1,2,3-oxadiazol-3- ium-5yl)carbamimidate)
(1227).
Methcathinone (1237). Some other trade names:
2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
Monomethylpropion; UR 1431.
N, N-dimethylamphetamine (1480). Other names: N,
N-alpha-trimethyl-benzeneethanamine; and N,
N-alpha-trimethylphenethylamine.
Methiopropamine (N-methyl-1- (thiophen-2-yl) propan-2- amine)
(1478).
(g) Synthetic drugs as defined in IC 35-31.5-2-321.
SECTION 251. IC 35-48-4-14.5, AS AMENDED BY P.L.252-2017,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 14.5. (a) As used in this section, "chemical
reagents or precursors" refers to one (1) or more of the following:
(1) Ephedrine.
(2) Pseudoephedrine.
(3) Phenylpropanolamine.
(4) The salts, isomers, and salts of isomers of a substance
identified in subdivisions (1) through (3).
(5) Anhydrous ammonia or ammonia solution (as defined in
IC 22-11-20-1).
(6) Organic solvents.
(7) Hydrochloric acid.
(8) Lithium metal.
(9) Sodium metal.
(10) Ether.
(11) Sulfuric acid.
(12) Red phosphorous.
(13) Iodine.
(14) Sodium hydroxide (lye).
(15) Potassium dichromate.
(16) Sodium dichromate.
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(17) Potassium permanganate.
(18) Chromium trioxide.
(19) Benzyl cyanide.
(20) Phenylacetic acid and its esters or salts.
(21) Piperidine and its salts.
(22) Methylamine and its salts.
(23) Isosafrole.
(24) Safrole.
(25) Piperonal.
(26) Hydriodic acid.
(27) Benzaldehyde.
(28) Nitroethane.
(29) Gamma-butyrolactone.
(30) White phosphorus.
(31) Hypophosphorous acid and its salts.
(32) Acetic anhydride.
(33) Benzyl chloride.
(34) Ammonium nitrate.
(35) Ammonium sulfate.
(36) Hydrogen peroxide.
(37) Thionyl chloride.
(38) Ethyl acetate.
(39) Pseudoephedrine hydrochloride.
(b) A person who possesses more than ten (10) grams of ephedrine,
pseudoephedrine, or phenylpropanolamine, pure or adulterated,
commits a Level 6 felony. However, the offense is a Level 5 felony if
the person possessed:
(1) a firearm while possessing more than ten (10) grams of
ephedrine, pseudoephedrine, or phenylpropanolamine, pure or
adulterated; or
(2) more than ten (10) grams of ephedrine, pseudoephedrine, or
phenylpropanolamine, pure or adulterated, in, on, or within five
hundred (500) feet of:
(A) school property while a person under eighteen (18) years
of age was reasonably expected to be present; or
(B) a public park while a person under eighteen (18) years of
age was reasonably expected to be present.
(c) A person who possesses anhydrous ammonia or ammonia
solution (as defined in IC 22-11-20-1) with the intent to manufacture
methamphetamine or amphetamine, schedule II controlled substances
under IC 35-48-2-6, commits a Level 6 felony. However, the offense
is a Level 5 felony if the person possessed:
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(1) a firearm while possessing anhydrous ammonia or ammonia
solution (as defined in IC 22-11-20-1) with intent to manufacture
methamphetamine or amphetamine, schedule II controlled
substances under IC 35-48-2-6; or
(2) anhydrous ammonia or ammonia solution (as defined in
IC 22-11-20-1) with intent to manufacture methamphetamine or
amphetamine, schedule II controlled substances under
IC 35-48-2-6, in, on, or within five hundred (500) feet of:
(A) school property while a person under eighteen (18) years
of age was reasonably expected to be present; or
(B) a public park while a person under eighteen (18) years of
age was reasonably expected to be present.
(d) Subsection (b) does not apply to a:
(1) licensed health care provider, pharmacist, retail distributor,
wholesaler, manufacturer, warehouseman, or common carrier or
an agent of any of these persons if the possession is in the regular
course of lawful business activities; or
(2) person who possesses more than ten (10) grams of a substance
described in subsection (b) if the substance is possessed under
circumstances consistent with typical medicinal or household use,
including:
(A) the location in which the substance is stored;
(B) the possession of the substance in a variety of:
(i) strengths;
(ii) brands; or
(iii) types; or
(C) the possession of the substance:
(i) with different expiration dates; or
(ii) in forms used for different purposes.
(e) A person who possesses two (2) or more chemical reagents or
precursors with the intent to manufacture a controlled substance
commits a Level 6 felony.
(f) An offense under subsection (e) is a Level 5 felony if the person
possessed:
(1) a firearm while possessing two (2) or more chemical reagents
or precursors with intent to manufacture a controlled substance;
or
(2) two (2) or more chemical reagents or precursors with intent to
manufacture a controlled substance in, on, or within five hundred
(500) feet of:
(A) school property while a person under eighteen (18) years
of age was reasonably expected to be present; or
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(B) a public park while a person under eighteen (18) years of
age was reasonably expected to be present.
(g) A person who sells, transfers, distributes, or furnishes a chemical
reagent or precursor to another person with knowledge or the intent that
the recipient will use the chemical reagent or precursors to manufacture
a controlled substance commits unlawful sale of a precursor, a Level
6 felony. However, the offense is a Level 5 felony if the person sells,
transfers, distributes, or furnishes more than ten (10) grams of
ephedrine, pseudoephedrine, or phenylpropanolamine.
(h) This subsection does not apply to a drug containing ephedrine,
pseudoephedrine, or phenylpropanolamine that is dispensed under a
prescription. A person who:
(1) has been convicted of a drug related felony (as defined in
IC 35-48-1-16.3); IC 35-48-1.1-17); and
(2) not later than seven (7) years from the date the person was
sentenced for the offense;
knowingly or intentionally possesses ephedrine, pseudoephedrine, or
phenylpropanolamine, pure or adulterated, commits possession of a
precursor by a drug offender, a Level 6 felony.
SECTION 252. IC 36-1-20.2-3, AS AMENDED BY HEA
1679-2025, SECTION 38, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3. For purposes of this chapter, the
performance of the duties of:
(1) a precinct election officer (as defined in IC 3-5-2-40.1),
IC 3-5-2.1-82), an absentee voter board, an absentee ballot
counter, a provisional ballot counter, or an absentee ballot courier
that are imposed by IC 3; or
(2) a volunteer firefighter;
is not considered employment by a unit.
SECTION 253. IC 36-1.5-2-1, AS ADDED BY P.L.186-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. Except as provided in section 4 of this chapter,
the definitions in IC 3-5-2 IC 3-5-2.1 and IC 36-1-2 apply throughout
this article.
SECTION 254. IC 36-2-14-6, AS AMENDED BY P.L.71-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) Whenever the coroner is notified that a
person in the county:
(1) has died from violence;
(2) has died by casualty;
(3) has died when apparently in good health;
(4) has died in an apparently suspicious, unusual, or unnatural
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manner; or
(5) has been found dead;
the coroner shall, before the scene of the death is disturbed, notify a
law enforcement agency having jurisdiction in that area. The agency
shall assist the coroner in determining the cause, manner, and
mechanism of death. The coroner shall hold the human remains until
the investigation of how the person died and the medical investigation
of the cause of death are concluded.
(b) If the coroner reasonably suspects the cause of the person's death
to be accidental or intentional overdose of a controlled substance (as
defined by IC 35-48-1-9), IC 35-48-1.1-7), the coroner shall do the
following:
(1) Obtain any relevant information about the decedent
maintained by the INSPECT program established by
IC 25-1-13-4.
(2) Extract one (1) or more of the following bodily fluids from the
decedent:
(A) Blood.
(B) Vitreous.
(C) Urine.
(3) Test a bodily fluid extracted under subdivision (2) to
determine whether the bodily fluid contained any amount,
including a trace amount, of a controlled substance at the time of
the decedent's death.
(4) If the coroner reasonably suspects the cause of the person's
death to be accidental or intentional overdose of an opioid (as
defined in IC 35-48-1-21) IC 35-48-1.1-31) or if the person was
administered an overdose intervention drug (as defined in
IC 16-18-2-263.9) prior to death and was unresponsive to the
overdose intervention drug, the coroner shall test a bodily fluid
extracted under subdivision (2) to determine whether the bodily
fluid contained any amount, including a trace amount, of xylazine
at the time of the decedent's death.
(5) Report the results of the test conducted under this subsection
to the Indiana department of health after completing the medical
investigation of the cause of the decedent's death.
(6) Provide the Indiana department of health notice of the
decedent's death, including any information related to the
controlled substances involved, if any.
(c) The coroner:
(1) shall file a certificate of death with the county health
department, or, if applicable, a multiple county health department,
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of the county in which the individual died, within seventy-two
(72) hours after the completion of the death investigation;
(2) shall complete the certificate of death utilizing all verifiable
information establishing the time and date of death; and
(3) may file a pending investigation certificate of death before
completing the certificate of death, if necessary.
(d) If this section applies, the body and the scene of death may not
be disturbed until:
(1) the coroner has photographed them in the manner that most
fully discloses how the person died; and
(2) law enforcement and the coroner have finished their initial
assessment of the scene of death.
However, a coroner or law enforcement officer may order a body to be
moved before photographs are taken if the position or location of the
body unduly interferes with activities carried on where the body is
found, but the body may not be moved from the immediate area and
must be moved without substantially destroying or altering the
evidence present.
(e) When acting under this section, if the coroner considers it
necessary to have an autopsy performed, is required to perform an
autopsy under subsection (g), or is requested by the prosecuting
attorney of the county to perform an autopsy, the coroner shall arrange
for the autopsy to be performed by a:
(1) physician who:
(A) is certified by the American Board of Pathology; or
(B) holds a subspecialty board certification in forensic
pathology from the American Osteopathic Board of Pathology
and the American Osteopathic Association; or
(2) pathology resident acting under the direct supervision of a
physician described in subdivision (1).
A physician employed under subdivision (1) to perform the autopsy
shall be paid a fee of at least fifty dollars ($50) from the county
treasury.
(f) If:
(1) at the request of:
(A) the decedent's spouse;
(B) a child of the decedent, if the decedent does not have a
spouse;
(C) a parent of the decedent, if the decedent does not have a
spouse or children;
(D) a brother or sister of the decedent, if the decedent does not
have a spouse, children, or parents; or
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(E) a grandparent of the decedent, if the decedent does not
have a spouse, children, parents, brothers, or sisters;
(2) in any death, two (2) or more witnesses who corroborate the
circumstances surrounding death are present; and
(3) two (2) physicians who are licensed to practice medicine in
the state and who have made separate examinations of the
decedent certify the same cause of death in an affidavit within
twenty-four (24) hours after death;
an autopsy need not be performed. The affidavits shall be filed with the
circuit court clerk.
(g) A county coroner may not certify the cause of death in the case
of the sudden and unexpected death of a child who is less than three (3)
years old unless an autopsy is performed at county expense. However,
a coroner may certify the cause of death of a child described in this
subsection without the performance of an autopsy if subsection (f)
applies to the death of the child.
(h) After consultation with the law enforcement agency
investigating the death of a decedent, the coroner shall do the
following:
(1) Inform a crematory authority if a person is barred under
IC 23-14-31-26(c) from serving as the authorizing agent with
respect to the cremation of the decedent's body because the
coroner made the determination under IC 23-14-31-26(c)(2) in
connection with the death of the decedent.
(2) Inform a cemetery owner if a person is barred under
IC 23-14-55-2(c) from authorizing the disposition of the body or
cremated remains of the decedent because the coroner made the
determination under IC 23-14-55-2(c)(2) in connection with the
death of the decedent.
(3) Inform a seller of prepaid services or merchandise if a person's
contract is unenforceable under IC 30-2-13-23(b) because the
coroner made the determination under IC 30-2-13-23(b)(4) in
connection with the death of the decedent.
SECTION 255. IC 36-2-14-18, AS AMENDED BY P.L.31-2019,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 18. (a) Notwithstanding IC 5-14-3-4(b)(1), when
a coroner investigates a death, the office of the coroner is required to
make available for public inspection and copying the following:
(1) The name, age, address, sex, and race of the deceased.
(2) The address where the dead body was found, or if there is no
address the location where the dead body was found and, if
different, the address where the death occurred, or if there is no
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address the location where the death occurred.
(3) The name of the agency to which the death was reported and
the name of the person reporting the death.
(4) The name of any public official or governmental employee
present at the scene of the death and the name of the person
certifying or pronouncing the death.
(5) Information regarding an autopsy (requested or performed)
limited to the date, the person who performed the autopsy, where
the autopsy was performed, and a conclusion as to:
(A) the probable cause of death;
(B) the probable manner of death; and
(C) the probable mechanism of death.
(6) The location to which the body was removed, the person
determining the location to which the body was removed, and the
authority under which the decision to remove the body was made.
(7) The records required to be filed by a coroner under section 6
of this chapter and the verdict and the written report required
under section 10 of this chapter.
(b) A county coroner or a coroner's deputy who receives an
investigatory record from a law enforcement agency shall treat the
investigatory record with the same confidentiality as the law
enforcement agency would treat the investigatory record.
(c) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, a video recording, or an audio recording of the autopsy,
upon the written request of a parent of the decedent, an adult child of
the decedent, a next of kin of the decedent, or an insurance company
investigating a claim arising from the death of the individual upon
whom the autopsy was performed. A parent of the decedent, an adult
child of the decedent, a next of kin of the decedent, and an insurance
company are prohibited from publicly disclosing any information
contained in the report beyond that information that may otherwise be
disclosed by a coroner under this section. This prohibition does not
apply to information disclosed in communications in conjunction with
the investigation, settlement, or payment of the claim.
(d) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, a video recording, or an audio recording of the autopsy,
upon the written request of:
(1) the director of the division of disability and rehabilitative
services established by IC 12-9-1-1;
(2) the director of the division of mental health and addiction
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established by IC 12-21-1-1; or
(3) the director of the division of aging established by
IC 12-9.1-1-1;
in connection with a division's review of the circumstances surrounding
the death of an individual who received services from a division or
through a division at the time of the individual's death.
(e) Notwithstanding any other provision of this section, a coroner
shall make available, upon written request, a full copy of an autopsy
report, including a photograph, a video recording, or an audio recording
of the autopsy, to:
(1) the department of child services established by IC 31-25-1-1,
including an office of the department located in the county where
the death occurred;
(2) the statewide child fatality review committee established by
IC 16-49-4; or
(3) a county child fatality review team or regional child fatality
review team established under IC 16-49-2 for the area where the
death occurred;
for purposes of an entity described in subdivisions (1) through (3)
conducting a review or an investigation of the circumstances
surrounding the death of a child (as defined in IC 16-49-1-2) and
making a determination as to whether the death of the child was a
result of abuse, abandonment, or neglect. An autopsy report made
available under this subsection is confidential and shall not be
disclosed to another individual or agency, unless otherwise authorized
or required by law.
(f) Notwithstanding any other provision of this section, a coroner
shall make available, upon written request, a full copy of an autopsy
report, including a photograph, a video recording, or an audio recording
of the autopsy, to the local fetal-infant mortality review team
established under IC 16-49-6 for purposes of the local fetal-infant
mortality review team conducting a review or an investigation of the
circumstances surrounding a fetal death or an infant death (as defined
in IC 16-49-6). An autopsy report made available under this subsection
is confidential and shall not be disclosed to another individual or
agency, unless otherwise authorized or required by law.
(g) Notwithstanding any other provision of this section, a coroner
shall make available, upon written request, a full copy of an autopsy
report, including a photograph, a video recording, or an audio recording
of the autopsy, to the statewide maternity mortality review committee
established under IC 16-50-1.
(h) Notwithstanding any other provision of this section, and except
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as otherwise provided in this subsection, a coroner may make available,
upon written request, a full copy of an autopsy report to the peer review
committee (as defined in IC 34-6-2-99) IC 34-6-2.1-145) of a hospital
at which the decedent was treated immediately before death for
purposes of the hospital's peer review activities. An autopsy report
made available under this subsection:
(1) may not include:
(A) a photograph;
(B) a video recording; or
(C) an audio recording;
of the autopsy; and
(2) is confidential and may not be disclosed to another individual
or agency, unless otherwise authorized or required by law.
However, if immediately making available an autopsy report under this
subsection will interfere with the coroner's investigation or other legal
proceedings related to the decedent's death, the coroner may delay
making available the requested autopsy related information until the
investigation or other legal proceedings are concluded.
(i) Except as provided in subsection (j), the information required to
be available under subsection (a) must be completed not later than
fourteen (14) days after the completion of:
(1) the autopsy report; or
(2) if applicable, any other report, including a toxicology report,
requested by the coroner as part of the coroner's investigation;
whichever is completed last.
(j) The prosecuting attorney may petition a circuit or superior court
for an order prohibiting the coroner from publicly disclosing the
information required in subsection (a). The prosecuting attorney shall
serve a copy of the petition on the coroner.
(k) Upon receipt of a copy of the petition described in subsection (j),
the coroner shall keep the information confidential until the court rules
on the petition.
(l) The court shall grant a petition filed under subsection (j) if the
prosecuting attorney proves by a preponderance of the evidence that
public access or dissemination of the information specified in
subsection (a) would create a significant risk of harm to the criminal
investigation of the death. The court shall state in the order the reasons
for granting or denying the petition. An order issued under this
subsection must use the least restrictive means and duration possible
when restricting access to the information. Information to which access
is restricted under this subsection is confidential.
(m) Any person may petition the court to modify or terminate an
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order issued under subsection (l). The petition for modification or
termination must allege facts demonstrating that:
(1) the public interest will be served by allowing access; and
(2) access to the information specified in subsection (a) would not
create a significant risk to the criminal investigation of the death.
The person petitioning the court for modification or termination shall
serve a copy of the petition on the prosecuting attorney and the coroner.
(n) Upon receipt of a petition for modification or termination filed
under subsection (m), the court may:
(1) summarily grant, modify, or dismiss the petition; or
(2) set the matter for hearing.
If the court sets the matter for hearing, upon the motion of any party or
upon the court's own motion, the court may close the hearing to the
public.
(o) If the person filing the petition for modification or termination
proves by a preponderance of the evidence that:
(1) the public interest will be served by allowing access; and
(2) access to the information specified in subsection (a) would not
create a significant risk to the criminal investigation of the death;
the court shall modify or terminate its order restricting access to the
information. In ruling on a request under this subsection, the court shall
state the court's reasons for granting or denying the request.
SECTION 256. IC 36-7-4-216, AS AMENDED BY P.L.126-2011,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 216. (a) Each citizen member shall be appointed
because of the member's knowledge and experience in community
affairs, the member's awareness of the social, economic, agricultural,
and industrial problems of the area, and the member's interest in the
development and integration of the area.
(b) A citizen member may not hold:
(1) an elected office (as defined in IC 3-5-2-17); IC 3-5-2.1-34);
or
(2) any other appointed office in municipal, county, or state
government;
except for membership on the board of zoning appeals as required by
section 902 of this chapter and, in the case of an area plan commission,
membership on the body from which the member must be appointed
under this series.
(c) Subject to subsection (d), a citizen member must meet one (1)
of the following requirements:
(1) The member must be a resident of the jurisdictional area of the
plan commission. The member may also be required by statute to
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reside within an unincorporated area of the jurisdictional area of
the plan commission.
(2) The member must be a resident of the county and also an
owner of real property located in whole or in part in the
jurisdictional area of the plan commission. The member may also
be required by statute to own real property within an
unincorporated area of the jurisdictional area of the plan
commission.
(d) At least a majority of the total number of citizen members
appointed to a plan commission must be residents of the jurisdictional
area of the plan commission. The commission shall determine whether
a citizen member meets all applicable residency requirements for
appointment in accordance with uniform rules prescribed by the
commission.
SECTION 257. IC 36-7-4-905, AS AMENDED BY P.L.126-2011,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 905. (a) None of the members of a board of
zoning appeals may hold:
(1) an elected office (as defined in IC 3-5-2-17); IC 3-5-2.1-34);
or
(2) any other appointed office, except as permitted by section 902
of this chapter, in municipal, county, or state government.
(b) A member of the board of zoning appeals must meet one (1) of
the following requirements:
(1) The member must be a resident of the jurisdictional area of the
board.
(2) The member must be a resident of the county and also an
owner of real property located in whole or in part in the
jurisdictional area of the board.
However, at least a majority of the total number of citizen members
appointed to the board of zoning appeals must be residents of the
jurisdictional area of the board of zoning appeals. The board shall
determine whether a member meets all applicable residency
requirements for appointment in accordance with uniform rules
prescribed by the board.
SECTION 258. IC 36-8-12-16, AS AMENDED BY P.L.236-2023,
SECTION 201, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 16. (a) A volunteer fire department
that provides service within a jurisdiction served by the department
may establish a schedule of charges for the services that the department
provides not to exceed the state fire marshal's recommended schedule
for services. The volunteer fire department or its agent may collect a
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service charge according to this schedule from the owner of property
that receives service if the following conditions are met:
(1) At the following times, the department gives notice under
IC 5-3-1-4(d) in each political subdivision served by the
department of the amount of the service charge for each service
that the department provides:
(A) Before the schedule of service charges is initiated.
(B) When there is a change in the amount of a service charge.
(2) The property owner has not sent written notice to the
department to refuse service by the department to the owner's
property.
(3) The bill for payment of the service charge:
(A) is submitted to the property owner in writing within thirty
(30) days after the services are provided;
(B) includes a copy of a fire incident report in the form
prescribed by the state fire marshal, if the service was
provided for an event that requires a fire incident report;
(C) must contain verification that the bill has been approved
by the chief of the volunteer fire department; and
(D) must contain language indicating that correspondence
from the property owner and any question from the property
owner regarding the bill should be directed to the department.
(4) Payment is remitted directly to the governmental unit
providing the service.
(b) A volunteer fire department shall use the revenue collected from
the fire service charges under this section:
(1) for the purchase of equipment, buildings, and property for
firefighting, fire protection, or other emergency services;
(2) for deposit in the township firefighting and emergency
services fund established under IC 36-8-13-4(a)(1) or the
township firefighting fund established under
IC 36-8-13-4(a)(2)(A); or
(3) to pay principal and interest on a loan made by the department
of homeland security established by IC 10-19-2-1 or a division of
the department for the purchase of new or used firefighting and
other emergency equipment or apparatus.
(c) Any administrative fees charged by a fire department's agent
must be paid only from fees that are collected and allowed by Indiana
law and the fire marshal's schedule of fees.
(d) An agent who processes fees on behalf of a fire department shall
send all bills, notices, and other related materials to both the fire
department and the person being billed for services.
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(e) All fees allowed by Indiana law and the fire marshal's fee
schedule must be itemized separately from any other charges.
(f) If at least twenty-five percent (25%) of the money received by a
volunteer fire department for providing fire protection or emergency
services is received under one (1) or more contracts with one (1) or
more political subdivisions (as defined in IC 34-6-2-110),
IC 34-6-2.1-155), the legislative body of a contracting political
subdivision must approve the schedule of service charges established
under subsection (a) before the schedule of service charges is initiated
in that political subdivision.
(g) A volunteer fire department that:
(1) has contracted with a political subdivision to provide fire
protection or emergency services; and
(2) charges for services under this section;
must submit a report to the legislative body of the political subdivision
before April 1 of each year indicating the amount of service charges
collected during the previous calendar year and how those funds have
been expended.
(h) The state fire marshal shall annually prepare and publish a
recommended schedule of service charges for fire protection services.
(i) The volunteer fire department or its agent may maintain a civil
action to recover an unpaid service charge under this section and may,
if it prevails, recover all costs of the action, including reasonable
attorney's fees.
SECTION 259. IC 36-8-12-17, AS AMENDED BY P.L.236-2023,
SECTION 202, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 17. (a) If a political subdivision has
not imposed its own false alarm fee or service charge, a volunteer fire
department that provides service within the jurisdiction may establish
a service charge for responding to false alarms. The volunteer fire
department may collect the false alarm service charge from the owner
of the property if the volunteer fire department dispatches firefighting
apparatus or personnel to a building or premises in the township in
response to:
(1) an alarm caused by improper installation or improper
maintenance; or
(2) a drill or test, if the fire department is not previously notified
that the alarm is a drill or test.
However, if the owner of property that constitutes the owner's residence
establishes that the alarm is under a maintenance contract with an
alarm company and that the alarm company has been notified of the
improper installation or maintenance of the alarm, the alarm company
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is liable for the payment of the fee or service charge.
(b) Before establishing a false alarm service charge, the volunteer
fire department must provide notice under IC 5-3-1-4(d) in each
political subdivision served by the department of the amount of the
false alarm service charge. The notice required by this subsection must
be given:
(1) before the false alarm service charge is initiated; and
(2) before a change in the amount of the false alarm service
charge.
(c) A volunteer fire department may not collect a false alarm service
charge from a property owner or alarm company unless the
department's bill for payment of the service charge:
(1) is submitted to the property owner in writing within thirty (30)
days after the false alarm; and
(2) includes a copy of a fire incident report in the form prescribed
by the state fire marshal.
(d) A volunteer fire department shall use the money collected from
the false alarm service charge imposed under this section:
(1) for the purchase of equipment, buildings, and property for fire
fighting, fire protection, or other emergency services;
(2) for deposit in the township firefighting and emergency
services fund established under IC 36-8-13-4(a)(1) or the
township firefighting fund established under
IC 36-8-13-4(a)(2)(A); or
(3) to pay principal and interest on a loan made by the department
of homeland security established by IC 10-19-2-1 or a division of
the department for the purchase of new or used firefighting and
other emergency equipment or apparatus.
(e) If at least twenty-five percent (25%) of the money received by a
volunteer fire department for providing fire protection or emergency
services is received under one (1) or more contracts with one (1) or
more political subdivisions (as defined in IC 34-6-2-110),
IC 34-6-2.1-155), the legislative body of a contracting political
subdivision must approve the false alarm service charge established
under subsection (a) before the service charge is initiated in that
political subdivision.
(f) A volunteer fire department that:
(1) has contracted with a political subdivision to provide fire
protection or emergency services; and
(2) imposes a false alarm service charge under this section;
must submit a report to the legislative body of the political subdivision
before April 1 of each year indicating the amount of false alarm
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charges collected during the previous calendar year and how those
funds have been expended.
(g) The volunteer fire department may maintain a civil action to
recover unpaid false alarm service charges imposed under this section
and may, if it prevails, recover all costs of the action, including
reasonable attorney's fees.
SECTION 260. IC 3-5-2-15, AS AMENDED BY HEA 1467-2025,
SECTION 1, IS REPEALED [EFFECTIVE JULY 1, 2025]. Sec. 15. (a)
"Contribution" means a donation (whether characterized as an advance,
a deposit, a gift, a loan, a subscription, or a contract or promise to make
a donation) of property (as defined in IC 35-31.5-2-253) that satisfies
both of the following:
(1) The donation is made for the purpose of influencing any of the
following:
(A) The nomination or election to office of a candidate.
(B) The election of delegates to a state constitutional
convention.
(C) The outcome of a public question.
(2) The donation is accepted by any of the following:
(A) A candidate.
(B) A candidate's committee.
(C) A regular party committee.
(D) A political action committee.
(E) A legislative caucus committee.
(b) Whenever:
(1) funds are transferred from one (1) committee to another; or
(2) a donation of funds to influence an election on a public
question is accepted as a contribution;
the accepting committee is considered to be receiving a contribution in
the amount of the funds transferred.
(c) Whenever a candidate or a committee accepts the personal
services of a person whose compensation is being paid by a third
person, the candidate or committee is considered to be receiving a
contribution from the third person in the amount of the compensation
paid.
(d) This subsection does not apply to a contribution described in
IC 3-9-2-11.5. Notwithstanding subsection (a), whenever a candidate
or a committee accepts the personal services of a volunteer who is not
being compensated, the candidate or committee is not considered to be
receiving a contribution.
(e) This subsection does not apply to a contribution described in
IC 3-9-2-11.5. Notwithstanding subsection (a), whenever a political
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action committee accepts a donation of:
(1) rent;
(2) office expenses;
(3) management fees;
(4) costs of solicitations of contributions; or
(5) other administrative costs;
the committee is not considered to be receiving a contribution.
SECTION 261. IC 3-5-2-15, AS AMENDED BY HEA 1680-2025,
SECTION 2, IS REPEALED [EFFECTIVE JULY 1, 2025]. Sec. 15. (a)
"Contribution" means a donation (whether characterized as an advance,
a deposit, a gift, a loan, a subscription, or a contract or promise to make
a donation) of property (as defined in IC 35-31.5-2-253) that satisfies
both of the following:
(1) The donation is made for the purpose of influencing any of the
following:
(A) The nomination or election to office of a candidate.
(B) The election of delegates to a state constitutional
convention.
(C) The outcome of a public question.
(2) The donation is accepted by any of the following:
(A) A candidate.
(B) A candidate's committee.
(C) A regular party committee.
(D) A political action committee.
(E) A legislative caucus committee.
(b) Whenever funds are transferred from one (1) committee to
another, the accepting committee is considered to be receiving a
contribution in the amount of the funds transferred.
(c) Whenever a candidate or a committee accepts the personal
services of a person whose compensation is being paid by a third
person, the candidate or committee is considered to be receiving a
contribution from the third person in the amount of the compensation
paid.
(d) The term defined in subsection (a) includes a donation of
property (as defined in IC 35-31.5-2-253):
(1) that satisfies subsection (a)(1) and (a)(2); and
(2) through a payment platform that acts as a conduit.
(e) Notwithstanding subsection (a), whenever a candidate or a
committee accepts the personal services of a volunteer who is not being
compensated, the candidate or committee is not considered to be
receiving a contribution.
(f) Notwithstanding subsection (a), whenever a political action
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committee accepts a donation of:
(1) rent;
(2) office expenses;
(3) management fees;
(4) costs of solicitations of contributions; or
(5) other administrative costs;
the committee is not considered to be receiving a contribution.
SECTION 262. IC 3-5-2-25.5, AS ADDED BY HEA 1467-2025,
SECTION 2, IS REPEALED [EFFECTIVE JULY 1, 2025]. Sec. 25.5.
For purposes of IC 3-9-2-11.5, "foreign national" has the meaning set
forth in 52 U.S.C. 30121(b).
SECTION 263. IC 3-5-2-27.1, AS ADDED BY HEA 1467-2025,
SECTION 3, IS REPEALED [EFFECTIVE JULY 1, 2025]. Sec. 27.1.
"Independent expenditure" means an expenditure by a person expressly
advocating the approval or rejection of a public question.
SECTION 264. IC 3-5-2-40.2, AS ADDED BY HEA 1467-2025,
SECTION 4, IS REPEALED [EFFECTIVE JULY 1, 2025]. Sec. 40.2.
For purposes of IC 3-9-2-11.5, "preliminary activity" includes
conducting a poll, drafting language for a public question, the planning
and use of a focus group, a telephone call, or engaging in travel.
SECTION 265. IC 3-5-2-40.4, AS ADDED BY HEA 1467-2025,
SECTION 5, IS REPEALED [EFFECTIVE JULY 1, 2025]. Sec. 40.4.
"Prohibited source" is a foreign national.
SECTION 266. IC 3-5-2-40.5, AS AMENDED BY SEA 10-2025,
SECTION 1, IS REPEALED [EFFECTIVE JULY 1, 2025]. Sec. 40.5.
(a) Except as provided in subsection (b), "proof of identification" refers
to a document that satisfies all the following:
(1) The document shows the name of the individual to whom the
document was issued, and the name conforms to the name in the
individual's voter registration record.
(2) The document shows a photograph of the individual to whom
the document was issued.
(3) The document includes an expiration date, and the document:
(A) is not expired; or
(B) expired after the date of the most recent general election.
(4) The document was issued by the United States or the state of
Indiana.
(b) Notwithstanding subsection (a)(3), a document issued by the
United States Department of Defense, the United States Department of
Veterans Affairs (or its predecessor, the Veterans Administration), a
branch of the uniformed services, the Merchant Marine, the Indiana
National Guard, or a Native American Indian tribe or band recognized
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by the United States government that:
(1) otherwise complies with the requirements of subsection (a);
and
(2) has no expiration date or states that the document has an
indefinite expiration date;
is sufficient proof of identification for purposes of this title.
(c) The term does not include a document issued by an educational
institution.
SECTION 267. IC 3-5-2-48, AS AMENDED BY SEA 221-2025,
SECTION 1, IS REPEALED [EFFECTIVE JULY 1, 2025]. Sec. 48.
"State office" refers to the governor, lieutenant governor, secretary of
state, state comptroller (referred to as "auditor of state" in the
Constitution of the State of Indiana), treasurer of state, attorney
general, justice of the supreme court, judge of the court of appeals, and
judge of the tax court.
SECTION 268. IC 25-1-9.5-3.5, AS AMENDED BY SEA
462-2025, SECTION 1, AND AS AMENDED BY HEA 1572-2025,
SECTION 1, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3.5. (a) As used in this
chapter, "practitioner" means an individual who holds an unlimited
license to practice as any of the following in Indiana:
(1) An athletic trainer licensed under IC 25-5.1.
(2) A chiropractor licensed under IC 25-10.
(3) A dental hygienist licensed under IC 25-13.
(4) The following:
(A) A dentist licensed under IC 25-14.
(B) An individual who holds a dental residency permit issued
under IC 25-14-1-5.
(C) An individual who holds a dental faculty license under
IC 25-14-1-5.5.
(5) A diabetes educator licensed under IC 25-14.3.
(6) A dietitian licensed under IC 25-14.5.
(7) A genetic counselor licensed under IC 25-17.3.
(8) The following:
(A) A physician licensed under IC 25-22.5.
(B) An individual who holds a temporary permit under
IC 25-22.5-5-4.
(9) A nurse licensed under IC 25-23.
(10) The following:
(A) An occupational therapist licensed under IC 25-23.5.
(B) An occupational therapy assistant licensed under
IC 25-23.5.
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(11) Any behavioral health and human services professional
licensed under IC 25-23.6.
(12) An optometrist licensed under IC 25-24.
(13) A pharmacist licensed under IC 25-26.
(14) A physical therapist licensed under IC 25-27.
(15) A physician assistant licensed under IC 25-27.5.
(16) A podiatrist licensed under IC 25-29.
(17) A psychologist licensed under IC 25-33.
(18) A respiratory care practitioner licensed under IC 25-34.5.
(19) A speech-language pathologist or audiologist licensed under
IC 25-35.6.
(20) A veterinarian licensed under IC 25-38.1.
(21) A behavior analyst licensed under IC 25-8.5.
(22) A school psychologist licensed by the department of
education.
(b) The term includes the following:
(1) A developmental therapist enrolled by the bureau of child
development services to provide special instruction, as defined in
34 CFR 303.13(b)(14), to infants and toddlers receiving early
intervention services.
(2) A peer as defined in IC 12-21-8-5 and certified by the division
of mental health and addiction.
(3) A speech-language pathology assistant (IC
25-35.6-1-2(g)(3)).
(3) (4) A clinical fellow in speech language pathology.
(4) (5) A student who:
(A) is pursuing a course of study in, or is a graduate from, a
program in a profession specified in subsection (a)(1) through
(a)(22); and
(B) is providing services directed by an individual who holds
a license in Indiana for that profession.
(5) (6) The following providers within a community mental health
center:
(A) A qualified behavioral health professional.
(B) Other behavioral health professional.
(6) (7) A physical therapist assistant certified under
IC 25-27-1-6.3.
(c) The term includes a behavior analyst during the time in which
the professional licensing agency is preparing to implement licensure
of behavioral analysts under IC 25-8.5. This subsection expires June
30, 2026.
SECTION 269. IC 6-3.5-5-1, AS AMENDED BY SEA 80-2025,
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SECTION 68, AND AS AMENDED BY SEA 1-2025, SECTION 89,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2027]: Sec. 1. The following definitions apply
throughout this chapter:
(1) "Adopting entity" means either the county council or the local
income tax council established by IC 6-3.6-3-1 for the county,
whichever adopts an ordinance to impose a wheel tax first. the
adopting body specified in IC 6-3.6-3-1(a).
(2) "Bus" has the meaning set forth in IC 9-13-2-17.
(3) "Commercial vehicle" has the meaning set forth in
IC 6-6-5.5-1(b).
(4) "County council" includes the city-county council of a county
that contains a consolidated city of the first class.
(5) "In-state miles" has the meaning set forth in IC 6-6-5.5-1(b).
(6) "Political subdivision" has the meaning set forth in
IC 34-6-2-110. IC 34-6-2.1-155.
(7) "Recreational vehicle" has the meaning set forth in
IC 9-13-2-150.
(8) "School bus" has the meaning set forth in IC 9-13-2-161(a).
(9) "Semitrailer" has the meaning set forth in IC 9-13-2-164(a).
(10) "State agency" has the meaning set forth in IC 34-6-2-141.
IC 34-6-2.1-194.
(11) "Tractor" has the meaning set forth in IC 9-13-2-180.
(12) "Trailer" has the meaning set forth in IC 9-13-2-184(a).
(13) "Transportation asset management plan" includes planning
for drainage systems and rights-of-way that affect transportation
assets.
(14) "Truck" has the meaning set forth in IC 9-13-2-188(a).
(15) "Wheel tax" means the tax imposed under this chapter.
SECTION 270. IC 2-5-1.3-13, AS AMENDED BY HEA
1272-2025, SECTION 2, AND AS AMENDED BY HEA 1273-2025,
SECTION 1, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) A study
committee shall study the issues assigned by the legislative council that
are within the subject matter for the study committee, as described in
section 4 of this chapter.
(b) In addition to the issues assigned under subsection (a), the
interim study committee on roads and transportation shall advise the
bureau of motor vehicles regarding the suitability of a special group (as
defined in IC 9-13-2-170) to receive a special group recognition license
plate for the special group (as defined in IC 9-13-2-170) for the first
time under IC 9-18.5-12-4 and the suitability of a special group (as
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defined in IC 9-13-2-170) to continue participating in the special group
recognition license plate program under IC 9-18.5-12-5.
(c) In addition to the issues assigned under subsection (a), the
interim study committee on corrections and criminal code shall review
current trends with respect to criminal behavior, sentencing,
incarceration, and treatment and may:
(1) identify particular needs of the criminal justice system that can
be addressed by legislation; and
(2) prepare legislation to address the particular needs found by the
committee.
(d) In each even-numbered year, in addition to the issues assigned
under subsection (a), the interim study committee on courts and the
judiciary shall review, consider, and make recommendations
concerning all requests for new courts, new judicial officers, and
changes in jurisdiction of existing courts. A request under this
subsection must include at least the following information to receive
full consideration by the committee:
(1) The level of community support for the change, including
support from the local fiscal body.
(2) The results of a survey that shall be conducted by the county
requesting the change, sampling members of the bar, members of
the judiciary, and local officials to determine needs and concerns
of existing courts.
(3) Whether the county is already using a judge or magistrate
from an overserved area of the judicial district.
(4) The relative severity of need based on the most recent
weighted caseload measurement system report published by the
office of judicial administration.
(5) Whether the county is using any problem solving court as
described in IC 33-23-16-11, and, if so, the list of problem solving
courts established in the county, and any evaluation of the impact
of the problem solving courts on the overall judicial caseload.
(6) A description of the:
(A) county's population growth in the ten (10) years before the
date of the request; and
(B) projected population growth in the county for the ten (10)
years after the date of the request, to the extent available;
and any documentation to support the information provided under
this subdivision.
(7) A description of the county's use of pre-incarceration
diversion services and post-incarceration reentry services in an
effort to decrease recidivism.
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(8) If the request is a request for a new court or new courts, an
acknowledgment from the county fiscal body (as defined in
IC 36-1-2-6) with the funding sources and estimated costs the
county intends to pay toward the county's part of the operating
costs associated with the new court or new courts.
The office of judicial administration shall post the list of required
information provided under this subsection on its website.
(e) In each even-numbered year, in addition to the issues assigned
under subsection (a), the interim study committee on courts and the
judiciary shall review the most recent weighted caseload measurement
system report published by the office of judicial administration and do
the following:
(1) Identify each county in which the number of courts or judicial
officers exceeds the number used by the county in that report
year.
(2) Determine the number of previous report years in which the
number of courts or judicial officers in a county identified in
subdivision (1) exceeded the number used by the county in that
particular report year.
(3) Make a recommendation on whether the number of courts or
judicial officers in the county should be decreased.
The office of judicial administration shall post a list of the number of
courts or judicial officers used in each county for each report year, and
the number of years in which the number of courts or judicial officers
in the county has exceeded the number used by the county, on its
website.
(f) In addition to studying the issues assigned under subsection (a),
the interim study committee on child services shall:
(1) review the annual reports submitted by:
(A) each local child fatality review team under IC 16-49-3-7;
(B) the statewide child fatality review committee under
IC 16-49-4-11; and
(C) the department of child services under IC 31-25-2-24;
during the immediately preceding twelve (12) month period, and
may make recommendations regarding changes in policies or
statutes to improve child safety; and
(2) report to the legislative council before November 1 of each
interim, in an electronic format under IC 5-14-6, the results of:
(A) the committee's review under subdivision (1); and
(B) the committee's study of any issue assigned to the
committee under subsection (a).
(g) In each even-numbered year, in addition to the issues assigned
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under subsection (a), the interim study committee on government shall
do the following:
(1) Determine whether a group has met in the immediately
preceding two (2) years.
(2) Review reports submitted to the committee in accordance with
IC 1-1-15.5-4.
(2) (3) Identify all interstate compacts that have been fully
operational for at least two (2) years to which the state is a party.
(3) (4) Consider whether to:
(A) remain a party to; or
(B) withdraw from;
each interstate compact.
(4) (5) If the committee determines that the state should withdraw
from an interstate compact, identify the steps needed to withdraw.
(5) (6) Report before November 1 to the legislative council, in an
electronic format under IC 5-14-6 the committee's:
(A) recommendations for proposed legislation to repeal
groups:
(i) that have not met during the immediately preceding two
(2) years; and
(ii) after reviewing a group's report under subdivision (2);
and
(B) findings and recommendations regarding the interstate
compacts.
As used in this subsection, "group" refers to an authority, a board, a
commission, a committee, a council, a delegate, a foundation, a panel,
or a task force that is established by statute, has at least one (1)
legislator assigned to it, and is not staffed by the legislative services
agency.
(h) In 2026 and 2027, in addition to the issues assigned under
subsections (a) and (f), the interim study committee on child services
shall review the report submitted by the child welfare task force under
IC 2-5-55.7-8. This subsection expires December 31, 2027.
SECTION 271. IC 31-9-2-14, AS AMENDED BY SEA 143-2025,
SECTION 2, AND AS AMENDED BY HEA 1412-2025, SECTION
3, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 14. (a) "Child abuse or neglect", for
purposes of IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4,
refers to:
(1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and
IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the
child needs care, treatment, rehabilitation, or the coercive
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intervention of a court; or
(2) an individual who:
(A) is at least eighteen (18) years of age but less than
twenty-one (21) years of age;
(B) resides, or has previously resided, at a residential facility
licensed by the department; and
(C) is harmed or threatened with harm as a result of:
(i) a battery offense included in IC 35-42-2; or
(ii) sexual activity (as defined in IC 35-42-4-13(b));
committed by a member of the staff at the residential facility.
(b) For purposes of subsection (a), the term under subsection (a)
does not refer to a child who is alleged to be a victim of a sexual
offense under IC 35-42-4-3 unless the alleged offense under
IC 35-42-4-3 involves the fondling or touching of the buttocks,
genitals, or female breasts, regardless of whether the child needs care,
treatment, rehabilitation, or the coercive intervention of a court.
(c) "Child abuse or neglect", for purposes of IC 31-34-2.3 and
IC 31-42, refers to acts or omissions by a person against a child as
described in IC 31-34-1-1 through IC 31-34-1-11, regardless of
whether the child needs care, treatment, rehabilitation, or the coercive
intervention of a court.
(d) "Child abuse or neglect" does not include raising or referring
to a child in a manner consistent with the child's biological sex.
SECTION 272. IC 4-32.3-3-3, AS AMENDED BY SEA 108-2025,
SECTION 2, AND AS AMENDED BY SEA 209-2025, SECTION 10,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3. The commission shall adopt rules
under IC 4-22-2 for the following purposes:
(1) Administering this article.
(2) Establishing the conditions under which charity gaming in
Indiana may be conducted, including the manner in which a
qualified organization may supervise a qualified card game
conducted under IC 4-32.3-5-11(b).
(3) Providing for the prevention of practices detrimental to the
public interest and providing for the best interests of charity
gaming.
(4) Establishing rules concerning inspection of qualified
organizations and the review of the licenses necessary to conduct
charity gaming.
(5) Imposing penalties for noncriminal violations of this article.
(6) Establishing standards for independent audits conducted under
IC 4-32.3-5-5(d).
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(7) Establishing standards to receive commission approval of an
electronic raffle software system, web application, method, or
process.
(8) Requiring the operator or payment processor of an electronic
raffle software system, web application, method, or process to
submit to:
(A) certification by an independent gaming testing laboratory
or other testing process that the electronic raffle software
system, web application, method, or process meets the
standards for required technical specifications adopted by the
commission;
(B) age and identity verification requirements; and
(C) geolocation requirements.
(7) (9) Establishing standards:
(A) for the licensing of manufacturers of;
(B) for required technical specifications for; and
(C) to receive commission approval of;
electronic pull tab systems.
(8) (10) Requiring that:
(A) the manufacturer of an electronic pull tab system submit,
at the manufacturer's own expense, the manufacturer's
electronic pull tab system to an independent gaming testing
laboratory for testing and certification as meeting the
standards for required technical specifications adopted by the
commission; and
(B) an electronic pull tab system be approved by the
commission before the electronic pull tab system may be used
by a qualified organization under this article.
SECTION 273. IC 34-6-2-55, AS AMENDED BY SEA 473-2025,
SECTION 50, IS REPEALED [EFFECTIVE SEPTEMBER 1, 2025].
Sec. 55. (a) "Health care services":
(1) except as provided in subdivision (2), for purposes of
IC 34-30-13, has the meaning set forth in IC 27-13-1-18(a); and
(2) for purposes of IC 34-30-13-1.2, means only noninvasive
examinations, treatments, and procedures and the following
invasive procedures:
(A) Routine dental services.
(B) Injections.
(C) Suturing of minor lacerations.
(D) Incisions of boils or superficial abscesses.
The term does not include performance of an abortion, including
abortion by surgical means, by use of an abortion inducing drug,
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or by prescribing a controlled substance or scheduled drug under
IC 35-48.
(b) "Health care services", for purposes of IC 34-30-13.5, means:
(1) any services provided by an individual licensed under:
(A) IC 25-2.5;
(B) IC 25-10;
(C) IC 25-13;
(D) IC 25-14;
(E) IC 25-19;
(F) IC 25-22.5;
(G) IC 25-23;
(H) IC 25-23.5;
(I) IC 25-23.6;
(J) IC 25-24;
(K) IC 25-26;
(L) IC 25-27;
(M) IC 25-27.5;
(N) IC 25-29;
(O) IC 25-33;
(P) IC 25-34.5; or
(Q) IC 25-35.6;
(2) services provided as the result of hospitalization, to an
individual admitted to a health facility licensed under IC 16-28,
or to a person residing in a housing with services establishment
(as defined by IC 12-10-15-3);
(3) services incidental to the furnishing of services described in
subdivisions (1) or (2);
(4) any services by individuals:
(A) licensed as paramedics;
(B) certified as advanced emergency medical technicians; or
(C) certified as emergency medical technicians under
IC 16-31;
(5) any services provided by individuals certified as emergency
medical responders under IC 16-31;
(6) any services provided by certified health care professionals
who are registered with the Indiana department of health and the
certified health care professions commission, including:
(A) certified nurse aides certified under IC 16-27.5-3;
(B) qualified medication aides certified under IC 16-27.5-4;
and
(C) home health aides registered under rules adopted under
IC 16-27.5-5;
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(7) any services provided by unlicensed health care professionals
who have successfully completed any applicable training required
by the Indiana department of health;
(8) any services provided by health care volunteers who are
permitted to practice during an event that is declared a disaster
emergency under IC 10-14-3-12 to respond to COVID-19;
(9) any services provided by individuals with provisional or
temporary licenses who are permitted to practice during an event
that is declared a disaster emergency under IC 10-14-3-12 to
respond to COVID-19; or
(10) any other services or goods furnished for the purpose of
preventing, alleviating, curing, or healing human illness, physical
disability, or injury.
SECTION 274. IC 34-6-2.1-84, AS ADDED BY SEA 80-2025,
SECTION 176, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2025]: Sec. 84. (a) "Health care
services":
(1) except as provided in subdivision (2), for purposes of
IC 34-30-13, has the meaning set forth in IC 27-13-1-18(a); and
(2) for purposes of IC 34-30-13-1.2, means only noninvasive
examinations, treatments, and procedures and the following
invasive procedures:
(A) Routine dental services.
(B) Injections.
(C) Suturing of minor lacerations.
(D) Incisions of boils or superficial abscesses.
The term does not include performance of an abortion, including
abortion by surgical means, by use of an abortion inducing drug,
or by prescribing a controlled substance or scheduled drug under
IC 35-48.
(b) "Health care services", for purposes of IC 34-30-13.5, means:
(1) any services provided by an individual licensed under:
(A) IC 25-2.5;
(B) IC 25-10;
(C) IC 25-13;
(D) IC 25-14;
(E) IC 25-19;
(F) IC 25-22.5;
(G) IC 25-23;
(H) IC 25-23.5;
(I) IC 25-23.6;
(J) IC 25-24;
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(K) IC 25-26;
(L) IC 25-27;
(M) IC 25-27.5;
(N) IC 25-29;
(O) IC 25-33;
(P) IC 25-34.5; or
(Q) IC 25-35.6;
(2) services provided as the result of hospitalization, to an
individual admitted to a health facility licensed under IC 16-28,
or to a person residing in a housing with services establishment
(as defined by IC 12-10-15-3);
(3) services incidental to the furnishing of services described in
subdivisions (1) or (2);
(4) any services by individuals:
(A) licensed as paramedics;
(B) certified as advanced emergency medical technicians; or
(C) certified as emergency medical technicians under
IC 16-31;
(5) any services provided by individuals certified as emergency
medical responders under IC 16-31;
(6) any services provided by certified health care professionals
who are registered with the Indiana department of health and the
certified health care professions commission, including:
(A) certified nurse aides certified under IC 16-28-1-11;
IC 16-27.5-3;
(B) qualified medication aides certified under IC 16-28-1-11;
IC 16-27.5-4; and
(C) home health aides registered under rules adopted under
IC 16-27-1-7; IC 16-27.5-5;
(7) any services provided by unlicensed health care professionals
who have successfully completed any applicable training required
by the Indiana department of health;
(8) any services provided by health care volunteers who are
permitted to practice during an event that is declared a disaster
emergency under IC 10-14-3-12 to respond to COVID-19;
(9) any services provided by individuals with provisional or
temporary licenses who are permitted to practice during an event
that is declared a disaster emergency under IC 10-14-3-12 to
respond to COVID-19; or
(10) any other services or goods furnished for the purpose of
preventing, alleviating, curing, or healing human illness, physical
disability, or injury.
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SECTION 275. IC 35-45-21-5, AS AMENDED BY SEA 80-2025,
SECTION 241, AND AS AMENDED BY SEA 473-2025, SECTION
53, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2025]: Sec. 5. (a) The following
definitions apply throughout this section:
(1) "Health care provider" refers to a health care provider (as
defined in IC 16-18-2-163(a), IC 16-18-2-163(b), or
IC 16-18-2-163(c)) or a qualified medication aide as described in
IC 16-28-1-11. IC 16-27.5-4.
(2) "Licensed health professional" has the meaning set forth in
IC 25-23-1-27.1.
(3) "Practitioner" has the meaning set forth in IC 16-42-19-5.
However, the term does not include a veterinarian.
(4) "Prescription drug" has the meaning set forth in
IC 35-48-1-25. IC 35-48-1.1-35.
(b) A person who knowingly or intentionally physically interrupts,
obstructs, or alters the delivery or administration of a prescription drug:
(1) prescribed or ordered by a practitioner for a person who is a
patient of the practitioner; and
(2) without the prescription or order of a practitioner;
commits interference with medical services, a Class A misdemeanor,
except as provided in subsection (c).
(c) An offense described in subsection (b) is:
(1) a Level 6 felony if the offense results in bodily injury;
(2) a Level 5 felony if it is committed by a person who is a
licensed health care provider or licensed health professional;
(3) a Level 4 felony if it results in serious bodily injury to the
patient; and
(4) a Level 2 felony if it results in the death of the patient.
(d) A person is justified in engaging in conduct otherwise prohibited
under this section if the conduct is performed by:
(1) a health care provider or licensed health professional who acts
in good faith within the scope of the person's practice or
employment; or
(2) a person who is rendering emergency care at the scene of an
emergency or accident in a good faith attempt to avoid or
minimize serious bodily injury to the patient.
SECTION 276. IC 7.1-3-2-7, AS AMENDED BY HEA 1275-2025,
SECTION 12, AND AS AMENDED BY HEA 1276-2025, SECTION
1, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 7. The holder of a brewer's permit
or an out-of-state brewer holding either a primary source of supply
SEA 80 — CC 1
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permit or an out-of-state brewer's permit may do the following:
(1) Manufacture beer.
(2) Place beer in containers or bottles.
(3) Transport beer.
(4) Sell and deliver beer to a person holding a beer wholesaler's
permit issued under IC 7.1-3-3.
(5) If the brewer manufactures, at all of the brewer's breweries, an
aggregate of not more than ninety thousand (90,000) barrels of
beer in a calendar year for sale or distribution within Indiana, the
permit holder may do the following:
(A) Sell and deliver a total of not more than thirty thousand
(30,000) barrels of beer in a calendar year to a person holding
a retailer or a dealer permit under this title. The total number
of barrels of beer that the permit holder may sell and deliver
under this clause in a calendar year may not exceed thirty
thousand (30,000) barrels of beer.
(B) Be the proprietor of a restaurant that is not subject to the
minimum gross food sales or the minimum projected food
sales set forth in 905 IAC 1-41-2.
(C) Hold a beer retailer's permit, a wine retailer's permit, or a
liquor retailer's permit for a restaurant established under clause
(B).
(D) Transfer beer directly from the brewery to the restaurant
by means of:
(i) bulk containers; or
(ii) a continuous flow system.
(E) Install a window between the brewery and an adjacent
restaurant that allows the public and the permittee to view both
premises.
(F) Install a doorway or other opening between the brewery
and an adjacent restaurant that provides the public and the
permittee with access to both premises.
(G) Sell the brewery's beer by the glass for consumption on the
premises. Brewers permitted to sell beer by the glass under
this clause must make food available for consumption on the
premises. A brewer may comply with the requirements of this
clause by doing any of the following:
(i) Allowing a vehicle of transportation that is a food
establishment (as defined in IC 16-18-2-137) to serve food
near the brewer's licensed premises.
(ii) Placing menus in the brewer's premises of restaurants
that will deliver food to the brewery.
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(iii) Providing food prepared at the brewery.
(H) Sell and deliver beer to a consumer at the licensed
premises of the brewer or at the residence of the consumer.
Notwithstanding IC 7.1-1-3-20, the licensed premises may
include the brewery parking lot or an area adjacent to the
brewery that may only be used for the purpose of conveying
alcoholic beverages and other nonalcoholic items to a
customer subject to section 10 of this chapter, and may not be
used for point of sale purposes or any other purpose. The
delivery to a consumer may be made only in a quantity at any
one (1) time of not more than one-half (1/2) barrel, but the
beer may be contained in bottles or other permissible
containers.
(I) Sell the brewery's beer as authorized by this section for
carryout on Sunday in a quantity at any one (1) time of not
more than five hundred seventy-six (576) ounces. A brewer's
beer may be sold under this clause at any address for which the
brewer holds a brewer's permit issued under this chapter if the
address is located within the same city boundaries in which the
beer was manufactured.
(J) With the approval of the commission, participate:
(i) individually; or
(ii) with other permit holders under this chapter, holders of
artisan distiller's permits, holders of farm winery permits, or
any combination of holders described in this item;
in a trade show or an exposition at which products of each
permit holder participant are displayed, promoted, and sold.
All of the permit holders may occupy the same tent, structure,
or building. The commission may not grant to a holder of a
permit under this chapter approval under this clause to
participate in a trade show or exposition for more than
forty-five (45) seventy-five (75) days in a calendar year.
(K) Store or condition beer in a secure building that is:
(i) separate from the brewery; and
(ii) owned or leased by the permit holder.
(L) Transfer beer from a building described in clause (K) back
to the brewery.
(M) Sell or transfer beer directly to a beer wholesaler from a
building described in clause (K), but may not sell or transfer
beer from the building to any other permittee or a consumer.
The brewer shall maintain an adequate written record of the
beer transferred:
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(i) between the brewery and the separate building; and
(ii) from the separate building to the wholesaler.
(N) Sell the brewery's beer to the holder of a supplemental
caterer's permit issued under IC 7.1-3-9.5 for on-premises
consumption only at an event that is held outdoors on property
that is contiguous to the brewery as approved by the
commission.
(O) Receive liquor from the holder of a distiller's permit issued
under IC 7.1-3-7 or the holder of an artisan distiller's permit
under IC 7.1-3-27 that is located in the same county as the
brewery for the purpose of carbonating and canning the liquor.
Upon the completion of canning of the liquor, the product
must be returned to the original production facility within
forty-eight (48) hours. The activity under this clause is not an
interest under IC 7.1-5-9.
(P) Receive beer from another permit holder under this
subdivision for the purpose of bottling and packaging the beer.
Upon completion of bottling and packaging the beer, the
product must be returned to the original permit holder who
manufactured the beer. The number of barrels of beer that a
permit holder receives, bottles, and packages under this clause
may not exceed the number of barrels of beer that the permit
holder produced from raw materials at the licensed premises
of the permit holder in the same calendar year. The activity
under this clause is not an interest under IC 7.1-5-9.
(Q) Sell or transfer beer directly to a food manufacturer
located in Indiana that is registered with the federal Food and
Drug Administration for the purpose of adding or integrating
the beer into a product or recipe.
(R) Manufacture beer for another permit holder under this
subdivision. Upon completion of manufacturing the beer, the
product must be transported to the permit holder for which the
beer was manufactured. To qualify under this clause:
(i) the permit holder for which the beer is manufactured
must have manufactured not less than forty (40) barrels of
beer produced from raw materials at the licensed premises
of the permit holder in the previous calendar year; and
(ii) the number of barrels of beer that a permit holder
manufactures under this clause may not exceed the number
of barrels of beer that the permit holder produced from raw
materials at the licensed premises of the permit holder in the
same calendar year.
SEA 80 — CC 1
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All records required by the federal Alcohol and Tobacco Tax
and Trade Bureau regarding the number of barrels of beer
produced from raw materials at the licensed premises of a
permit holder must be made available to the commission upon
request. The activity under this clause is not an interest under
IC 7.1-5-9.
(S) Sell, donate, transport, and deliver beer to a qualified
organization for:
(i) an allowable event under IC 7.1-3-6.1;
(ii) a charity auction under IC 7.1-3-6.2; or
(iii) an event under IC 7.1-3-6.3.
(S) (T) With the approval of the commission under clause (J),
participate in a farmers' market at which products of the
permit holder are displayed, promoted, and sold. The permit
holder may:
(i) provide samples of the brewery's beer for consumption
on the premises, subject to a limit of three (3) samples of not
more than six (6) ounces per person; and
(ii) sell six (6), twelve (12), and twenty-four (24) packs of
twelve (12) ounce or sixteen (16) ounce cans of the
brewery's beer in qualified containers for consumption off
the premises.
(6) If the brewer's brewery manufactures more than ninety
thousand (90,000) barrels of beer in a calendar year for sale or
distribution within Indiana, the permit holder may own a portion
of the corporate stock of another brewery that:
(A) is located in the same county as the brewer's brewery;
(B) manufactures less than ninety thousand (90,000) barrels of
beer in a calendar year; and
(C) is the proprietor of a restaurant that operates under
subdivision (5).
(7) Provide complimentary samples of beer that are:
(A) produced by the brewer; and
(B) offered to consumers for consumption on the brewer's
premises.
(8) Own a portion of the corporate stock of a sports corporation
that:
(A) manages a minor league baseball stadium located in the
same county as the brewer's brewery; and
(B) holds a beer retailer's permit, a wine retailer's permit, or a
liquor retailer's permit for a restaurant located in that stadium.
(9) For beer described in IC 7.1-1-2-3(a)(4):
SEA 80 — CC 1
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(A) may allow transportation to and consumption of the beer
on the licensed premises; and
(B) may not sell, offer to sell, or allow sale of the beer on the
licensed premises.
(10) Sell, donate, transport, and deliver beer to a qualified
organization for:
(A) an allowable event under IC 7.1-3-6.1;
(B) a charity auction under IC 7.1-3-6.2; or
(C) an event under IC 7.1-3-6.3.
SECTION 277. IC 7.1-3-12-5, AS AMENDED BY HEA
1275-2025, SECTION 33, AND AS AMENDED BY HEA 1276-2025,
SECTION 7, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) The following
apply to the holder of a farm winery permit:
(1) A holder is entitled to manufacture wine and to place wine
produced by the permit holder's farm winery in bottles or other
permissible containers.
(2) A holder is entitled to serve complimentary samples of the
winery's wine on the licensed premises or an outside area that is
contiguous to the licensed premises, as approved by the
commission if each employee who serves wine on the licensed
premises:
(A) holds an employee's permit under IC 7.1-3-18-9; and
(B) completes a server training program approved by the
commission.
(3) A holder is entitled to sell the winery's wine on the licensed
premises to consumers either by:
(A) the glass;
(B) the bottle;
(C) a box that contains a bag designed for storing and
dispensing wine;
(D) any combination of receptacles listed in clauses (A)
through (C); or
(E) any other container permissible under federal law.
Notwithstanding IC 7.1-1-3-20, the licensed premises may
include the farm winery parking lot or an area adjacent to the farm
winery. The parking lot or an adjacent area may only be used for
the purpose of conveying alcoholic beverages and other
nonalcoholic items to a customer subject to section 5.5 of this
chapter, and may not be used for point of sale purposes or any
other purpose.
(4) A holder is entitled to sell the winery's wine to consumers by
SEA 80 — CC 1
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the bottle at a farmers' market that is operated on a nonprofit
basis.
(5) (4) A holder is entitled to sell wine by:
(A) the bottle;
(B) the can;
(C) a box that contains a bag designed for storing and
dispensing wine;
(D) bulk container;
(E) the case; or
(F) any combination of receptacles listed in clauses (A)
through (E);
to a person who is the holder of a permit to sell wine at wholesale.
(6) (5) A holder is exempt from the provisions of IC 7.1-3-14.
(7) (6) A holder is entitled to advertise the name and address of
any retailer or dealer who sells wine produced by the permit
holder's winery.
(8) (7) A holder for wine described in IC 7.1-1-2-3(a)(4):
(A) may allow transportation to and consumption of the wine
on the licensed premises; and
(B) may not sell, offer to sell, or allow the sale of the wine on
the licensed premises.
(9) (8) A holder is entitled to purchase and sell bulk wine as set
forth in this chapter.
(10) (9) A holder is entitled to sell wine as authorized by this
section for carryout on Sunday.
(11) (10) A holder is entitled to sell and ship the farm winery's
wine to a person located in another state in accordance with the
laws of the other state.
(12) (11) A holder is entitled to sell the farm winery's wine to the
holder of a supplemental caterer's permit issued under
IC 7.1-3-9.5 for on-premises consumption only at an event that is
held outdoors on property that is contiguous to the farm winery as
approved by the commission.
(13) (12) A holder is entitled to be the proprietor of a restaurant
that is not subject to the minimum gross food sales or the
minimum projected food sales set forth in 905 IAC 1-41-2 and the
gross retail income requirements to sell carryout under
IC 7.1-3-20-9.5. A holder is entitled to conduct the following
activities:
(A) Hold a beer retailer's permit, a wine retailer's permit, or a
liquor retailer's permit for a restaurant.
(B) Transfer wine directly from the farm winery to a restaurant
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that the farm winery has an interest in by means of:
(i) bottles or cans;
(ii) bulk containers; or
(iii) a continuous flow system.
(C) Install a window between the farm winery and an adjacent
restaurant that allows the public and the holder of the permit
to view both premises.
(D) Install a doorway or other opening between the farm
winery and an adjacent restaurant that provides the public and
the holder of the permit with access to both the farm winery
and restaurant.
(14) (13) A holder that does not distribute through an Indiana
wine wholesaler is entitled under the farm winery permit to sell
and deliver to a person holding a wine retailer or wine dealer
permit under this title a total of not more than three thousand
(3,000) gallons of the farm winery's wine in a calendar year, if the
farm winery has not sold in Indiana more than fifteen thousand
(15,000) gallons the previous calendar year. A holder that sells
and delivers under this subdivision shall comply with all
provisions applicable to a wholesaler in 905 IAC 1-5.1, 905
IAC 1-5.2, 905 IAC 1-21, 905 IAC 1-31, and 905 IAC 1-32.1.
(14) A holder must annually submit to the commission copies of
its Indiana and federal excise tax returns.
(15) (14) A holder may sell, donate, transport, and deliver wine
to a qualified organization conducting any of the following:
(A) An allowable event under IC 7.1-3-6.1.
(B) A charity auction under IC 7.1-3-6.2.
(C) An event under IC 7.1-3-6.3.
(b) With the approval of the commission, a holder of a permit under
this chapter may conduct business at not more than three (3) additional
locations that are separate from the winery. At the additional locations,
the holder of a permit may conduct any business that is authorized at
the first location, except for manufacturing wine or placing wine in
bottles or containers.
(c) A farm winery may transfer wine from a storage facility or an
additional location described in subsection (b). A farm winery may sell
or transfer wine directly to a wine wholesaler from a storage facility
separate from the farm winery or an additional location described in
subsection (b). A farm winery may not sell or transfer wine from a
storage facility to any other permittee or a consumer. The farm winery
shall maintain an adequate written record of wine transferred:
(1) between the farm winery and the storage facility; and
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(2) from the storage facility to the wholesaler.
(d) With the approval of the commission, a holder of a permit under
this chapter may:
(1) individually; or
(2) with other permit holders under this chapter, holders of artisan
distiller's permits, holders of brewer's permits issued under
IC 7.1-3-2-2(b), or any combination of holders described in this
subdivision;
participate in a trade show or an exposition at which products of each
permit holder participant are displayed, promoted, and sold. All of the
permit holders may occupy the same tent, structure, or building. The
commission may not grant approval under this subsection to a holder
of a permit under this chapter for more than forty-five (45) seventy-five
(75) days in a calendar year.
(e) With the approval of the commission under subsection (d), a
holder of a permit may participate in a farmers' market at which
products of the permit holder are displayed, promoted, and sold. The
permit holder may:
(1) provide samples of the permit holder's wine for consumption
on the premises, subject to a limit of three (3) samples of not
more than one (1) ounce per person; and
(2) sell the permit holder's wine in a qualified container for
consumption off the premises.
SECTION 278. IC 16-18-2-294.5, AS AMENDED BY HEA
1065-2025, SECTION 3, AND AS AMENDED BY HEA 1453-2025,
SECTION 3, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 294.5. (a) "Program",
for purposes of IC 16-40-4, has the meaning set forth in IC 16-40-4-3.
(b) "Program", for purposes of IC 16-41-7.5, has the meaning set
forth in IC 16-41-7.5-2.
(c) "Program", for purposes of IC 16-46-7.6, has the meaning set
forth in IC 16-46-7.6-3.
(c) (d) "Program", for purposes of IC 16-46-18, has the meaning set
forth in IC 16-46-18-3.
(d) (e) "Program", for purposes of IC 16-47-1, has the meaning set
forth in IC 16-47-1-3.
SECTION 279. IC 16-28-13-3, AS AMENDED BY HEA
1385-2025, SECTION 1, AND AS AMENDED BY HEA 1457-2025,
SECTION 7, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) A health care
facility or an entity in the business of contracting to provide nurse aides
or other unlicensed employees for a health care facility may not
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knowingly employ a person as a nurse aide or other unlicensed
employee if one (1) or more of the following conditions exist:
(1) The person has been convicted of any of the following:
(A) A sex crime (IC 35-42-4).
(B) Exploitation of an endangered adult (IC 35-46-1-12).
(C) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(D) A felony offense relating to theft, conversion, or receiving
stolen property (IC 35-43-4), if the person's conviction for
theft, conversion, or receiving stolen property occurred less
than five (5) years before the individual's employment
application date. except as provided in IC 16-27-2-5(a)(5).
(E) Identity deception (IC 35-43-5-3.5), if the conviction is a
felony conviction that occurred less than five (5) years before
the person's employment application date.
(F) Fraud (IC 35-43-5-4), if the conviction is a felony
conviction that occurred less than five (5) years before the
person's employment application date.
(E) (G) Murder (IC 35-42-1-1).
(F) (H) Voluntary manslaughter (IC 35-42-1-3).
(G) Involuntary manslaughter (IC 35-42-1-4) within the
previous five (5) years. (I) Except as otherwise specified in
this section, a crime of violence (as defined in IC 35-50-1-2),
if the person's conviction occurred less than ten (10) years
before the person's employment application date.
(H) (J) Felony battery within the previous five (5) years.
(I) (K) A felony offense relating to controlled substances
within the previous five (5) years, unless:
(i) the person is certified as a peer recovery coach through
a credential recognized by the division of mental health and
addiction;
(ii) the person has not been convicted of a felony offense
relating to controlled substances after the issuance of a peer
recovery coach credential; and
(iii) there are no felony charges relating to controlled
substances pending against the person.
(2) The person:
(A) has abused, neglected, or mistreated a patient or
misappropriated a patient's property; and
(B) had a finding entered into the state nurse aide registry
under IC 25-23-2.
(b) A person who knowingly or intentionally applies for a job as a
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nurse aide or other unlicensed employee at:
(1) a health care facility; or
(2) an entity in the business of contracting to provide nurse aides
or other unlicensed employees for a health care facility;
after a conviction of one (1) or more of the offenses listed in subsection
(a)(1) commits a Class A infraction.
SECTION 280. IC 5-14-1.5-6.1, AS AMENDED BY HEA
1134-2025, SECTION 1, AND AS AMENDED BY HEA 1641-2025,
SECTION 1, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6.1. (a) As used in this
section, "public official" means a person:
(1) who is a member of a governing body of a public agency; or
(2) whose tenure and compensation are fixed by law and who
executes an oath.
(b) Executive sessions may be held only in the following instances:
(1) Where authorized by federal or state statute.
(2) For discussion of strategy with respect to any of the following:
(A) Collective bargaining, which does not include a discussion
or meeting under IC 20-29-6-7.
(B) Initiation of litigation or litigation that is either pending or
has been threatened specifically in writing. As used in this
clause, "litigation" includes any judicial action or
administrative law proceeding under federal or state law.
(C) The implementation of security systems.
(D) A real property transaction including:
(i) a purchase;
(ii) a lease as lessor;
(iii) a lease as lessee;
(iv) a transfer;
(v) an exchange; or
(vi) a sale;
by the governing body up to the time a contract or option is
executed by the parties. This clause does not affect a political
subdivision's duty to comply with any other statute that
governs the conduct of the real property transaction, including
IC 36-1-10 or IC 36-1-11.
(E) School consolidation.
However, all such strategy discussions must be necessary for
competitive or bargaining reasons and may not include
competitive or bargaining adversaries.
(3) For discussion of the assessment, design, and implementation
of school safety and security measures, plans, and systems.
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(4) Interviews and negotiations with industrial or commercial
prospects or agents of industrial or commercial prospects by:
(A) the Indiana economic development corporation;
(B) the office of tourism development (before July 1, 2020) or
the Indiana destination development corporation (after June
30, 2020);
(C) the Indiana finance authority;
(D) the ports of Indiana;
(E) an economic development commission;
(F) the Indiana state department of agriculture;
(G) the Indiana White River state park development
commission;
(H) 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
(I) a governing body of a political subdivision.
However, this subdivision does not apply to any discussions
regarding research that is prohibited under IC 16-34.5-1-2 or
under any other law.
(5) To receive information about and interview prospective
employees.
(6) With respect to any individual over whom the governing body
has jurisdiction:
(A) to receive information concerning the individual's alleged
misconduct; and
(B) to discuss, before a determination, the individual's status
as an employee, a student, or an independent contractor who
is:
(i) a physician; or
(ii) a school bus driver.
(7) For discussion of records classified as confidential by state or
federal statute.
(8) To discuss before a placement decision an individual student's
abilities, past performance, behavior, and needs.
(9) To discuss a job performance evaluation, employee specific
compensation, or employment matters of individual employees.
This subdivision does not apply to a general discussion of the
salary, compensation, or benefits of employees during a budget
process.
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(10) When considering the appointment of a public official, to do
the following:
(A) Develop a list of prospective appointees.
(B) Consider applications.
(C) Make one (1) initial exclusion of prospective appointees
from further consideration.
Notwithstanding IC 5-14-3-4(b)(12), a governing body may
release and shall make available for inspection and copying in
accordance with IC 5-14-3-3 identifying information concerning
prospective appointees not initially excluded from further
consideration. An initial exclusion of prospective appointees from
further consideration may not reduce the number of prospective
appointees to fewer than three (3) unless there are fewer than
three (3) prospective appointees. Interviews of prospective
appointees must be conducted at a meeting that is open to the
public.
(11) To train school board members with an outside consultant
about the performance of the role of the members as public
officials.
(12) To prepare or score examinations used in issuing licenses,
certificates, permits, or registrations under IC 25.
(13) To discuss information and intelligence intended to prevent,
mitigate, or respond to the threat of terrorism.
(14) To train members of a board of aviation commissioners
appointed under IC 8-22-2 or members of an airport authority
board appointed under IC 8-22-3 with an outside consultant about
the performance of the role of the members as public officials. A
board may hold not more than one (1) executive session per
calendar year under this subdivision.
(15) For discussion by the governing body of a state educational
institution of:
(A) the assessment of; or
(B) negotiation with another entity concerning;
the establishment of a collaborative relationship or venture to
advance the research, engagement, or education mission of the
state educational institution. However, this subdivision does not
apply to any discussions regarding research that is prohibited
under IC 16-34.5-1-2 or under any other law.
(16) To discuss either of the following:
(A) Employee health care options with respect to special
exceptions for coverage.
(B) Employee handbook changes.
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(17) To review negotiations on the performance of publicly bid
contracts when public knowledge regarding the review would
cause a likelihood of increased costs.
(18) To discuss soliciting proposals for the purpose of awarding
contracts for goods or services, when:
(A) proprietary data, trade secrets, or other information is
contained in the bidder's proposal relating to the bidder's
unique methods of:
(i) conducting business; or
(ii) determining prices or premium rates to be charged for
services under the terms of the proposal; and
(B) public knowledge regarding the discussion would
reasonably be expected to result in private loss to the
providers of the information described in clause (A).
(16) (19) To have communications with an attorney that are
subject to the attorney client privilege.
(c) A final action must be taken at a meeting open to the public.
(d) Public notice of executive sessions must state the subject matter
by specific reference to the enumerated instance or instances for which
executive sessions may be held under subsection (b). The requirements
stated in section 4 of this chapter for memoranda and minutes being
made available to the public is modified as to executive sessions in that
the memoranda and minutes must identify the subject matter
considered by specific reference to the enumerated instance or
instances for which public notice was given. The governing body shall
certify by a statement in the memoranda and minutes of the governing
body that no subject matter was discussed in the executive session
other than the subject matter specified in the public notice.
(e) A governing body may not conduct an executive session during
a meeting, except as otherwise permitted by applicable statute. A
meeting may not be recessed and reconvened with the intent of
circumventing this subsection.
SECTION 281. IC 36-7-14-39, AS AMENDED BY HEA
1641-2025, SECTION 20, AND AS AMENDED BY SEA 1-2025,
SECTION 234, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2027]: Sec. 39. (a) As used in this
section:
"Allocation area" means that part of a redevelopment project area
to which an allocation provision of a declaratory resolution adopted
under section 15 of this chapter refers for purposes of distribution and
allocation of property taxes.
"Base assessed value" means, subject to subsection (j), the
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following:
(1) If an allocation provision is adopted after June 30, 1995, in a
declaratory resolution or an amendment to a declaratory
resolution establishing an economic development area:
(A) the net assessed value of all the property as finally
determined for the assessment date immediately preceding the
effective date of the allocation provision of the declaratory
resolution, as adjusted under subsection (h); plus
(B) to the extent that it is not included in clause (A), the net
assessed value of property that is assessed as residential
property under the rules of the department of local government
finance, within the allocation area, as finally determined for
the current assessment date.
(2) If an allocation provision is adopted after June 30, 1997, in a
declaratory resolution or an amendment to a declaratory
resolution establishing a redevelopment project area:
(A) the net assessed value of all the property as finally
determined for the assessment date immediately preceding the
effective date of the allocation provision of the declaratory
resolution, as adjusted under subsection (h); plus
(B) to the extent that it is not included in clause (A), the net
assessed value of property that is assessed as residential
property under the rules of the department of local government
finance, as finally determined for the current assessment date.
(3) If:
(A) an allocation provision adopted before June 30, 1995, in
a declaratory resolution or an amendment to a declaratory
resolution establishing a redevelopment project area expires
after June 30, 1997; and
(B) after June 30, 1997, a new allocation provision is included
in an amendment to the declaratory resolution;
the net assessed value of all the property as finally determined for
the assessment date immediately preceding the effective date of
the allocation provision adopted after June 30, 1997, as adjusted
under subsection (h).
(4) Except as provided in subdivision (5), for all other allocation
areas, the net assessed value of all the property as finally
determined for the assessment date immediately preceding the
effective date of the allocation provision of the declaratory
resolution, as adjusted under subsection (h).
(5) If an allocation area established in an economic development
area before July 1, 1995, is expanded after June 30, 1995, the
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definition in subdivision (1) applies to the expanded part of the
area added after June 30, 1995.
(6) If an allocation area established in a redevelopment project
area before July 1, 1997, is expanded after June 30, 1997, the
definition in subdivision (2) applies to the expanded part of the
area added after June 30, 1997.
Except as provided in section 39.3 of this chapter, "property taxes"
means taxes imposed under IC 6-1.1 on real property. However, upon
approval by a resolution of the redevelopment commission adopted
before June 1, 1987, "property taxes" also includes taxes imposed
under IC 6-1.1 on depreciable personal property. If a redevelopment
commission adopted before June 1, 1987, a resolution to include within
the definition of property taxes, taxes imposed under IC 6-1.1 on
depreciable personal property that has a useful life in excess of eight
(8) years, the commission may by resolution determine the percentage
of taxes imposed under IC 6-1.1 on all depreciable personal property
that will be included within the definition of property taxes. However,
the percentage included must not exceed twenty-five percent (25%) of
the taxes imposed under IC 6-1.1 on all depreciable personal property.
(b) A declaratory resolution adopted under section 15 of this chapter
on or before the allocation deadline determined under subsection (i)
may include a provision with respect to the allocation and distribution
of property taxes for the purposes and in the manner provided in this
section. A declaratory resolution previously adopted may include an
allocation provision by the amendment of that declaratory resolution on
or before the allocation deadline determined under subsection (i) in
accordance with the procedures required for its original adoption. A
declaratory resolution or amendment that establishes an allocation
provision must include a specific finding of fact, supported by
evidence, that the adoption of the allocation provision will result in
new property taxes in the area that would not have been generated but
for the adoption of the allocation provision. For an allocation area
established before July 1, 1995, the expiration date of any allocation
provisions for the allocation area is June 30, 2025, or the last date of
any obligations that are outstanding on July 1, 2015, whichever is later.
A declaratory resolution or an amendment that establishes an allocation
provision after June 30, 1995, must specify an expiration date for the
allocation provision. For an allocation area established before July 1,
2008, the expiration date may not be more than thirty (30) years after
the date on which the allocation provision is established. For an
allocation area established after June 30, 2008, the expiration date may
not be more than twenty-five (25) years after the date on which the first
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obligation was incurred to pay principal and interest on bonds or lease
rentals on leases payable from tax increment revenues. However, with
respect to bonds or other obligations that were issued before July 1,
2008, if any of the bonds or other obligations that were scheduled when
issued to mature before the specified expiration date and that are
payable only from allocated tax proceeds with respect to the allocation
area remain outstanding as of the expiration date, the allocation
provision does not expire until all of the bonds or other obligations are
no longer outstanding. Notwithstanding any other law, in the case of an
allocation area that is established after June 30, 2019, and that is
located in a redevelopment project area described in section
25.1(c)(3)(C) of this chapter, an economic development area described
in section 25.1(c)(3)(C) of this chapter, or an urban renewal project
area described in section 25.1(c)(3)(C) of this chapter, the expiration
date of the allocation provision may not be more than thirty-five (35)
years after the date on which the allocation provision is established.
The allocation provision may apply to all or part of the redevelopment
project area. The allocation provision must require that any property
taxes subsequently levied by or for the benefit of any public body
entitled to a distribution of property taxes on taxable property in the
allocation area be allocated and distributed as follows:
(1) Except as otherwise provided in this section, the proceeds of
the taxes attributable to the lesser of:
(A) the assessed value of the property for the assessment date
with respect to which the allocation and distribution is made;
or
(B) the base assessed value;
shall be allocated to and, when collected, paid into the funds of
the respective taxing units.
(2) This subdivision applies to a fire protection territory
established after December 31, 2022. If a unit becomes a
participating unit of a fire protection territory that is established
after a declaratory resolution is adopted under section 15 of this
chapter, the excess of the proceeds of the property taxes
attributable to an increase in the property tax rate for the
participating unit of a fire protection territory:
(A) except as otherwise provided by this subdivision, shall be
determined as follows:
STEP ONE: Divide the unit's tax rate for fire protection for
the year before the establishment of the fire protection
territory by the participating unit's tax rate as part of the fire
protection territory.
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STEP TWO: Subtract the STEP ONE amount from one (1).
STEP THREE: Multiply the STEP TWO amount by the
allocated property tax attributable to the participating unit of
the fire protection territory; and
(B) to the extent not otherwise included in subdivisions (1)
and (3), the amount determined under STEP THREE of clause
(A) shall be allocated to and distributed in the form of an
allocated property tax revenue pass back to the participating
unit of the fire protection territory for the assessment date with
respect to which the allocation is made.
However, if the redevelopment commission determines that it is
unable to meet its debt service obligations with regards to the
allocation area without all or part of the allocated property tax
revenue pass back to the participating unit of a fire protection area
under this subdivision, then the allocated property tax revenue
pass back under this subdivision shall be reduced by the amount
necessary for the redevelopment commission to meet its debt
service obligations of the allocation area. The calculation under
this subdivision must be made by the redevelopment commission
in collaboration with the county auditor and the applicable fire
protection territory. Any calculation determined according to
clause (A) must be submitted to the department of local
government finance in the manner prescribed by the department
of local government finance. The department of local government
finance shall verify the accuracy of each calculation.
(3) The excess of the proceeds of the property taxes imposed for
the assessment date with respect to which the allocation and
distribution is made that are attributable to taxes imposed after
being approved by the voters in a referendum or local public
question conducted after April 30, 2010, not otherwise included
in subdivisions (1) and (2) shall be allocated to and, when
collected, paid into the funds of the taxing unit for which the
referendum or local public question was conducted.
(4) Except as otherwise provided in this section, property tax
proceeds in excess of those described in subdivisions (1), (2), and
(3) shall be allocated to the redevelopment district and, when
collected, paid into an allocation fund for that allocation area that
may be used by the redevelopment district only to do one (1) or
more of the following:
(A) Pay the principal of and interest on any obligations
payable solely from allocated tax proceeds which are incurred
by the redevelopment district for the purpose of financing or
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refinancing the redevelopment of that allocation area.
(B) Establish, augment, or restore the debt service reserve for
bonds payable solely or in part from allocated tax proceeds in
that allocation area.
(C) Pay the principal of and interest on bonds payable from
allocated tax proceeds in that allocation area and from the
special tax levied under section 27 of this chapter.
(D) Pay the principal of and interest on bonds issued by the
unit to pay for local public improvements that are physically
located in or physically connected to that allocation area.
(E) Pay premiums on the redemption before maturity of bonds
payable solely or in part from allocated tax proceeds in that
allocation area.
(F) Make payments on leases payable from allocated tax
proceeds in that allocation area under section 25.2 of this
chapter.
(G) Reimburse the unit for expenditures made by it for local
public improvements (which include buildings, parking
facilities, and other items described in section 25.1(a) of this
chapter) that are physically located in or physically connected
to that allocation area.
(H) Reimburse the unit for rentals paid by it for a building or
parking facility that is physically located in or physically
connected to that allocation area under any lease entered into
under IC 36-1-10.
(I) For property taxes first due and payable before January 1,
2009, pay all or a part of a property tax replacement credit to
taxpayers in an allocation area as determined by the
redevelopment commission. This credit equals the amount
determined under the following STEPS for each taxpayer in a
taxing district (as defined in IC 6-1.1-1-20) that contains all or
part of the allocation area:
STEP ONE: Determine that part of the sum of the amounts
under IC 6-1.1-21-2(g)(1)(A), IC 6-1.1-21-2(g)(2),
IC 6-1.1-21-2(g)(3), IC 6-1.1-21-2(g)(4), and
IC 6-1.1-21-2(g)(5) (before their repeal) that is attributable to
the taxing district.
STEP TWO: Divide:
(i) that part of each county's eligible property tax
replacement amount (as defined in IC 6-1.1-21-2 (before its
repeal)) for that year as determined under IC 6-1.1-21-4
(before its repeal) that is attributable to the taxing district;
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by
(ii) the STEP ONE sum.
STEP THREE: Multiply:
(i) the STEP TWO quotient; times
(ii) the total amount of the taxpayer's taxes (as defined in
IC 6-1.1-21-2 (before its repeal)) levied in the taxing district
that have been allocated during that year to an allocation
fund under this section.
If not all the taxpayers in an allocation area receive the credit
in full, each taxpayer in the allocation area is entitled to
receive the same proportion of the credit. A taxpayer may not
receive a credit under this section and a credit under section
39.5 of this chapter (before its repeal) in the same year.
(J) Pay expenses incurred by the redevelopment commission
for local public improvements that are in the allocation area or
serving the allocation area. Public improvements include
buildings, parking facilities, and other items described in
section 25.1(a) of this chapter.
(K) Reimburse public and private entities for expenses
incurred in training employees of industrial facilities that are
located:
(i) in the allocation area; and
(ii) on a parcel of real property that has been classified as
industrial property under the rules of the department of local
government finance.
However, the total amount of money spent for this purpose in
any year may not exceed the total amount of money in the
allocation fund that is attributable to property taxes paid by the
industrial facilities described in this clause. The
reimbursements under this clause must be made within three
(3) years after the date on which the investments that are the
basis for the increment financing are made.
(L) Pay the costs of carrying out an eligible efficiency project
(as defined in IC 36-9-41-1.5) within the unit that established
the redevelopment commission. However, property tax
proceeds may be used under this clause to pay the costs of
carrying out an eligible efficiency project only if those
property tax proceeds exceed the amount necessary to do the
following:
(i) Make, when due, any payments required under clauses
(A) through (K), including any payments of principal and
interest on bonds and other obligations payable under this
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subdivision, any payments of premiums under this
subdivision on the redemption before maturity of bonds, and
any payments on leases payable under this subdivision.
(ii) Make any reimbursements required under this
subdivision.
(iii) Pay any expenses required under this subdivision.
(iv) Establish, augment, or restore any debt service reserve
under this subdivision.
(M) Expend money and provide financial assistance as
authorized in section 12.2(a)(27) of this chapter.
(N) Expend revenues that are allocated for police and fire
services on both capital expenditures and operating expenses
as authorized in section 12.2(a)(28) of this chapter.
The allocation fund may not be used for operating expenses of the
commission.
(5) Except as provided in subsection (g), before June 15 of each
year, the commission shall do the following:
(A) Determine the amount, if any, by which the assessed value
of the taxable property in the allocation area for the most
recent assessment date minus the base assessed value, when
multiplied by the estimated tax rate of the allocation area, will
exceed the amount of assessed value needed to produce the
property taxes necessary to make, when due, principal and
interest payments on bonds described in subdivision (4), plus
the amount necessary for other purposes described in
subdivision (4).
(B) Provide a written notice to the county auditor, the fiscal
body of the county or municipality that established the
department of redevelopment, and the officers who are
authorized to fix budgets, tax rates, and tax levies under
IC 6-1.1-17-5 for each of the other taxing units that is wholly
or partly located within the allocation area. The county auditor,
upon receiving the notice, shall forward this notice (in an
electronic format) to the department of local government
finance not later than June 15 of each year. The notice must:
(i) state the amount, if any, of excess assessed value that the
commission has determined may be allocated to the
respective taxing units in the manner prescribed in
subdivision (1); or
(ii) state that the commission has determined that there is no
excess assessed value that may be allocated to the respective
taxing units in the manner prescribed in subdivision (1).
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The county auditor shall allocate to the respective taxing units
the amount, if any, of excess assessed value determined by the
commission. The commission may not authorize an allocation
of assessed value to the respective taxing units under this
subdivision if to do so would endanger the interests of the
holders of bonds described in subdivision (4) or lessors under
section 25.3 of this chapter.
(C) If:
(i) the amount of excess assessed value determined by the
commission is expected to generate more than two hundred
percent (200%) of the amount of allocated tax proceeds
necessary to make, when due, principal and interest
payments on bonds described in subdivision (4); plus
(ii) the amount necessary for other purposes described in
subdivision (4);
the commission shall submit to the legislative body of the unit
its determination of the excess assessed value that the
commission proposes to allocate to the respective taxing units
in the manner prescribed in subdivision (1). The legislative
body of the unit may approve the commission's determination
or modify the amount of the excess assessed value that will be
allocated to the respective taxing units in the manner
prescribed in subdivision (1).
(6) Notwithstanding subdivision (5), in the case of an allocation
area that is established after June 30, 2019, and that is located in
a redevelopment project area described in section 25.1(c)(3)(C)
of this chapter, an economic development area described in
section 25.1(c)(3)(C) of this chapter, or an urban renewal project
area described in section 25.1(c)(3)(C) of this chapter, for each
year the allocation provision is in effect, if the amount of excess
assessed value determined by the commission under subdivision
(5)(A) is expected to generate more than two hundred percent
(200%) of:
(A) the amount of allocated tax proceeds necessary to make,
when due, principal and interest payments on bonds described
in subdivision (4) for the project; plus
(B) the amount necessary for other purposes described in
subdivision (4) for the project;
the amount of the excess assessed value that generates more than
two hundred percent (200%) of the amounts described in clauses
(A) and (B) shall be allocated to the respective taxing units in the
manner prescribed by subdivision (1).
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(c) For the purpose of allocating taxes levied by or for any taxing
unit or units, the assessed value of taxable property in a territory in the
allocation area that is annexed by any taxing unit after the effective
date of the allocation provision of the declaratory resolution is the
lesser of:
(1) the assessed value of the property for the assessment date with
respect to which the allocation and distribution is made; or
(2) the base assessed value.
(d) Property tax proceeds allocable to the redevelopment district
under subsection (b)(4) may, subject to subsection (b)(5), be
irrevocably pledged by the redevelopment district for payment as set
forth in subsection (b)(4).
(e) Notwithstanding any other law, each assessor shall, upon
petition of the redevelopment commission, reassess the taxable
property situated upon or in, or added to, the allocation area, effective
on the next assessment date after the petition.
(f) Notwithstanding any other law, the assessed value of all taxable
property in the allocation area, for purposes of tax limitation, property
tax replacement, and formulation of the budget, tax rate, and tax levy
for each political subdivision in which the property is located is the
lesser of:
(1) the assessed value of the property as valued without regard to
this section; or
(2) the base assessed value.
(g) If any part of the allocation area is located in an enterprise zone
created under IC 5-28-15, the unit that designated the allocation area
shall create funds as specified in this subsection. A unit that has
obligations, bonds, or leases payable from allocated tax proceeds under
subsection (b)(4) shall establish an allocation fund for the purposes
specified in subsection (b)(4) and a special zone fund. Such a unit
shall, until the end of the enterprise zone phase out period, deposit each
year in the special zone fund any amount in the allocation fund derived
from property tax proceeds in excess of those described in subsection
(b)(1), (b)(2), and (b)(3) from property located in the enterprise zone
that exceeds the amount sufficient for the purposes specified in
subsection (b)(4) for the year. The amount sufficient for purposes
specified in subsection (b)(4) for the year shall be determined based on
the pro rata portion of such current property tax proceeds from the part
of the enterprise zone that is within the allocation area as compared to
all such current property tax proceeds derived from the allocation area.
A unit that has no obligations, bonds, or leases payable from allocated
tax proceeds under subsection (b)(4) shall establish a special zone fund
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and deposit all the property tax proceeds in excess of those described
in subsection (b)(1), (b)(2), and (b)(3) in the fund derived from
property tax proceeds in excess of those described in subsection (b)(1),
(b)(2), and (b)(3) from property located in the enterprise zone. The unit
that creates the special zone fund shall use the fund (based on the
recommendations of the urban enterprise association) for programs in
job training, job enrichment, and basic skill development that are
designed to benefit residents and employers in the enterprise zone or
other purposes specified in subsection (b)(4), except that where
reference is made in subsection (b)(4) to allocation area it shall refer
for purposes of payments from the special zone fund only to that part
of the allocation area that is also located in the enterprise zone. Those
programs shall reserve at least one-half (1/2) of their enrollment in any
session for residents of the enterprise zone.
(h) The state board of accounts and department of local government
finance shall make the rules and prescribe the forms and procedures
that they consider expedient for the implementation of this chapter.
After each reassessment in an area under a reassessment plan prepared
under IC 6-1.1-4-4.2, the department of local government finance shall
adjust the base assessed value one (1) time to neutralize any effect of
the reassessment of the real property in the area on the property tax
proceeds allocated to the redevelopment district under this section.
After each annual adjustment under IC 6-1.1-4-4.5, the department of
local government finance shall adjust the base assessed value one (1)
time to neutralize any effect of the annual adjustment on the property
tax proceeds allocated to the redevelopment district under this section.
However, the adjustments under this subsection:
(1) may not include the effect of phasing in assessed value due to
property tax abatements under IC 6-1.1-12.1;
(2) may not produce less property tax proceeds allocable to the
redevelopment district under subsection (b)(4) than would
otherwise have been received if the reassessment under the
reassessment plan or the annual adjustment had not occurred; and
(3) may decrease base assessed value only to the extent that
assessed values in the allocation area have been decreased due to
annual adjustments or the reassessment under the reassessment
plan.
Assessed value increases attributable to the application of an abatement
schedule under IC 6-1.1-12.1 may not be included in the base assessed
value of an allocation area. The department of local government
finance may prescribe procedures for county and township officials to
follow to assist the department in making the adjustments.
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(i) The allocation deadline referred to in subsection (b) is
determined in the following manner:
(1) The initial allocation deadline is December 31, 2011.
(2) Subject to subdivision (3), the initial allocation deadline and
subsequent allocation deadlines are automatically extended in
increments of five (5) years, so that allocation deadlines
subsequent to the initial allocation deadline fall on December 31,
2016, and December 31 of each fifth year thereafter.
(3) At least one (1) year before the date of an allocation deadline
determined under subdivision (2), the general assembly may enact
a law that:
(A) terminates the automatic extension of allocation deadlines
under subdivision (2); and
(B) specifically designates a particular date as the final
allocation deadline.
(j) If a redevelopment commission adopts a declaratory resolution
or an amendment to a declaratory resolution that contains an allocation
provision and the redevelopment commission makes either of the
filings required under section 17(e) of this chapter after the first
anniversary of the effective date of the allocation provision, the auditor
of the county in which the unit is located shall compute the base
assessed value for the allocation area using the assessment date
immediately preceding the later of:
(1) the date on which the documents are filed with the county
auditor; or
(2) the date on which the documents are filed with the department
of local government finance.
(k) For an allocation area established after June 30, 2025,
"residential property" refers to the assessed value of property that is
allocated to the one percent (1%) homestead land and improvement
categories in the county tax and billing software system. along with the
residential assessed value as defined for purposes of calculating the
rate for the local income tax property tax relief credit designated for
residential property under IC 6-3.6-5-6(d)(3). (before its expiration).
SECTION 282. IC 12-17.2-3.5-8, AS AMENDED BY SEA
463-2025, SECTION 2, AND AS AMENDED BY SEA 486-2025,
SECTION 13, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) At least one (1)
adult individual who maintains certification in a course of pediatric
cardiopulmonary resuscitation applicable to all age groups of children
cared for by a provider shall be present at all times when a child is in
the care of the provider.
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(b) Except as provided in subsection (c), the following apply to an
individual who is employed or volunteers as a caregiver at a facility
where a provider operates a child care program:
(1) The individual shall maintain current certification in pediatric
first aid applicable to all age groups of children cared for by the
provider.
(2) If the individual is:
(A) at least eighteen (18) years of age, the individual may act
as a caregiver without supervision of another caregiver; or
(B) less than eighteen (18) years of age, the individual may act
as a caregiver only if the individual:
(i) is at least fourteen (14) years of age; and
(ii) is, at all times when child care is provided, directly
supervised by a caregiver who is at least eighteen (18) years
of age.
(3) Before beginning employment or volunteer duties, the
individual must receive a formal orientation to the facility and the
child care program.
(4) Beginning July 1, 2015, unless the provider is a parent,
stepparent, guardian, custodian, or other relative to each child in
the care of the provider, the individual annually must receive at
least twelve (12) hours of continuing education approved by the
division and related to the age appropriate educational
development, care, and safety of children. The hours of
continuing education required by this subdivision may include the
training described in this chapter concerning child abuse
detection and prevention, first aid, cardiopulmonary resuscitation,
and safe sleeping practices.
(5) Not more than three (3) months after the individual begins
employment or volunteer duties, the individual must receive
training approved by the division concerning child abuse
detection and prevention.
(6) Not more than ninety (90) days after the individual begins
employment or volunteer duties, the individual must be trained in
pediatric cardiopulmonary resuscitation applicable to all age
groups of children cared for by the child care provider.
(c) An individual who is at least fifteen (15) years of age and is a
student at a school corporation that operates a child care program
may volunteer as a caregiver for the child care program before
completing the requirements under subsection (b) if the individual:
(1) is supervised by an adult who is authorized under this article
to provide child care services; and
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(2) completes the requirements under subsection (b) not later
than three (3) months after the individual begins volunteering at
the facility.
(c) (d) A provider shall:
(1) maintain at the facility where the provider operates a child
care program documentation of all training and completion of
continuing education required by this section; and
(2) make the documentation available to the division upon
request.
SECTION 283. IC 4-13.1-2-9, AS AMENDED BY SEA 459-2025,
SECTION 1, AND AS AMENDED BY SEA 472-2025, SECTION 1,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 9. (a) This section does not apply
to an entity subject to IC 13-18-16.5.
(a) (b) A state agency (as defined in IC 4-1-10-2) other than a state
educational institutions, institution, and a political subdivision (as
defined in IC 36-1-2-13), other than a political subdivision established
under IC 8-1-11.1, shall:
(1) report any cybersecurity incident using their best professional
judgment to the office without unreasonable delay and not later
than two (2) business days after discovery of the cybersecurity
incident in a format prescribed by the chief information officer;
and
(2) provide the office with the name and contact information of
any individual who will act as the primary reporter of a
cybersecurity incident described in subdivision (1) before
September 1, 2021, and before September 1 of every year
thereafter.
Nothing in this section shall be construed to require reporting that
conflicts with federal privacy laws or is prohibited due to an ongoing
law enforcement investigation.
SECTION 284. IC 7.1-3-15-3, AS AMENDED BY HEA
1053-2025, SECTION 18, AND AS AMENDED BY HEA 1275-2025,
SECTION 37, AND AS AMENDED BY HEA 1276-2025, SECTION
8, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The holder of a wine dealer's
permit shall be entitled to purchase wine only from a permittee who is
authorized to sell to a wine dealer under this title. A wine dealer shall
be entitled to sell wine for consumption off the licensed premises only
and not by the drink.
(b) A wine dealer shall be entitled to sell wine in permissible
containers. in a quantity of not more than three (3) standard cases, as
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determined under the rules of the commission, in a single transaction.
However, a wine dealer who is licensed under IC 7.1-3-10-4 may
possess wine and sell it at retail in its original package to a customer
only for consumption off the licensed premises.
(c) Unless a wine dealer is a grocery store or drug store, a wine
dealer may not sell or deliver alcoholic beverages or any other item
through a window in the licensed premises to a patron who is outside
the licensed premises. A wine dealer that is a grocery store or drug
store may sell any item except alcoholic beverages through a window
in the licensed premises to a person who is outside the licensed
premises.
(d) However, A wine dealer may deliver wine as follows:
(1) Except as provided in subdivision (2), only in permissible
containers to a customer's:
(A) residence; or
(B) office.
(2) In the case of a wine dealer who is licensed under
IC 7.1-3-10-4, may deliver wine only in permissible containers to
a customer's:
(A) residence;
(B) office; or
(C) designated location.
This A wine delivery may only be performed by the permit holder or an
employee who holds an employee permit. The permit holder shall
maintain a written record of each delivery for at least one (1) year that
shows the customer's name, location of delivery, and quantity sold.
(e) The holder of a wine dealer's permit may sell, donate, transport,
and deliver wine to a qualified organization for:
(1) an allowable event under IC 7.1-3-6.1;
(2) a charity auction under IC 7.1-3-6.2; or
(3) an event under IC 7.1-3-6.3.
SECTION 285. IC 7.1-3-27-8, AS AMENDED BY HEA
1053-2025, SECTION 23, AND AS AMENDED BY HEA 1275-2025,
SECTION 43, AND AS AMENDED BY HEA 1276-2025, SECTION
13, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 8. (a) The holder of an artisan
distiller's permit may do only the following:
(1) Manufacture liquor, including blending liquor purchased from
another manufacturer with liquor the artisan distiller
manufactures under section 11 of this chapter.
(2) Bottle liquor manufactured by the artisan distiller.
(3) Insert liquor manufactured by the artisan distiller into a
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container.
(4) Store liquor manufactured by the artisan distiller, including at
a facility located within ten (10) miles of the artisan distiller's
distillery.
(5) Transport, sell, and deliver liquor manufactured by the artisan
distiller to:
(A) places outside Indiana; or
(B) the holder of a liquor wholesaler's permit under IC 7.1-3-8.
(6) Sell liquor manufactured by the artisan distiller to consumers
by the drink, bottle, container, or case from the licensed premises
of the distillery where the liquor was manufactured.
Notwithstanding IC 7.1-1-3-20, the licensed premises may
include the distillery parking lot or an area adjacent to the artisan
distillery. The parking lot or adjacent area may only be used for
the purpose of conveying alcoholic beverages and other
nonalcoholic items to a customer subject to section 8.1 of this
chapter and may not be used for point of sale purposes or any
other purpose.
(7) Serve complimentary samples of the liquor manufactured by
the artisan distiller to consumers on the premises of the distillery
where the liquor was manufactured.
(8) Sell liquor as authorized by this section for carryout on
Sunday in a quantity at any one (1) time of not more than four and
five-tenths (4.5) liters.
(9) With the approval of the commission, participate:
(A) individually; or
(B) with other permit holders under this chapter, holders of
farm winery permits, holders of brewer's permits issued under
IC 7.1-3-2-2(b), or any combination of holders described in
this clause;
in a trade show or an exposition at which products of each permit
holder participant are displayed, promoted, and sold. All of the
permit holders may occupy the same tent, structure, or building.
The commission may not grant to a holder of a permit under this
chapter approval under this subdivision to participate in a trade
show or exposition for more than forty-five (45) seventy-five (75)
days in a calendar year.
(10) Be the proprietor of a restaurant that is not subject to the
minimum gross food sales or the minimum projected food sales
set forth in 905 IAC 1-41-2 and the gross retail income
requirements to sell carryout under IC 7.1-3-20-9.5. A holder is
entitled to conduct the following activities:
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(A) Hold a beer retailer's permit, a wine retailer's permit, or a
liquor retailer's permit for a restaurant.
(B) Transfer liquor directly from the artisan distillery to a
restaurant that the artisan distiller has an interest in by means
of:
(i) bottles;
(ii) bulk containers; or
(iii) a continuous flow system.
(C) Install a window between the artisan distillery and an
adjacent restaurant that allows the public and the holder of the
permit to view both premises.
(D) Install a doorway or other opening between the artisan
distillery and an adjacent restaurant that provides the public
and the holder of the permit with access to both the artisan
distillery and restaurant.
(11) A holder that does not distribute through an Indiana liquor
wholesaler is entitled under the artisan distiller's permit to sell and
deliver to a person holding a liquor retailer or liquor dealer permit
under this title a total of not more than one thousand (1,000) two
thousand (2,000) gallons of the artisan distillery's liquor in a
calendar year, if the artisan distiller has not sold in Indiana more
than nine thousand (9,000) ten thousand (10,000) gallons the
previous calendar year. A holder that sells and delivers under this
subdivision shall comply with all provisions applicable to a
wholesaler in 905 IAC 1-5.1, 905 IAC 1-5.2, 905 IAC 1-21, 905
IAC 1-31, and 905 IAC 1-32.1.
(12) A holder must annually submit to the commission copies of
its Indiana and federal excise tax returns.
(12) Sell, donate, transport, and deliver liquor manufactured by
the artisan distiller to a qualified organization for:
(A) an allowable event under IC 7.1-3-6.1;
(B) a charity auction under IC 7.1-3-6.2; or
(C) an event under IC 7.1-3-6.3.
(13) With the approval of the commission under subdivision (9),
the holder of a permit may participate in a farmers' market at
which products of the permit holder are displayed, promoted, and
sold. The holder of a permit:
(A) may not offer samples of liquor for consumption on the
premises; and
(B) may sell its liquor in qualified containers for consumption
off the premises.
(13) (14) Manufacture liquor at the licensed premises for another
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holder of an artisan distiller's permit. Upon completion of the
manufacturing of the liquor for another permit holder under this
subdivision, the product must be transported to the permit holder
for which the liquor was manufactured. To qualify under this
subdivision:
(A) the permit holder for which the liquor is manufactured
must have manufactured not less than forty (40) gallons of
liquor produced from raw materials at the permit holder's
licensed premises in the previous calendar year; and
(B) the total number of gallons of liquor that a permit holder
manufactures under this subdivision may not exceed the
number of gallons of liquor the permit holder produced from
raw materials at the permit holder's licensed premises in the
same calendar year.
All records required by the federal Alcohol and Tobacco Tax and
Trade Bureau regarding the number of gallons of liquor
produced from raw materials at the licensed premises of a permit
holder must be available to the commission upon request. The
activity under this subdivision is not an interest under IC 7.1-5-9.
(b) The holder of an artisan distiller's permit who provides samples
or sells liquor by the glass must furnish the minimum food
requirements prescribed by the commission.
(c) A storage facility used by an artisan distiller under subsection
(a)(4) must conform with federal laws, rules, and regulations. An
artisan distiller may transfer liquor from a separate storage facility back
to the artisan distillery. An artisan distiller may sell or transfer liquor
directly to a liquor wholesaler from a storage facility that is separate
from the artisan distillery. An artisan distiller may not sell or transfer
liquor from a storage facility to any other permittee or a consumer. The
artisan distiller shall maintain an adequate written record of the liquor
transferred:
(1) between the artisan distillery and the storage facility; and
(2) from the storage facility to the liquor wholesaler.
(d) The holder of an artisan distiller's permit may transport liquor to
and from a brewery located within the same county for the purposes of
carbonating and canning by the brewery. The activity under this
subsection is not an interest under IC 7.1-5-9.
(e) An artisan distiller who knowingly or intentionally violates this
section commits a Class B misdemeanor.
SECTION 286. IC 3-5-2-2.5, AS AMENDED BY HEA 1680-2025,
SECTION 1, IS REPEALED [EFFECTIVE JULY 1, 2025]. Sec. 2.5.
"Auxiliary party organization" means an organization located within or
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outside Indiana that:
(1) is affiliated with a political party;
(2) proposes to influence the election of a candidate for state,
legislative, local, or school board office, or the outcome of a
public question; and
(3) has not:
(A) had an annual expenditure of ten thousand dollars
($10,000) or more in at least one (1) of the last two (2) years;
or
(B) made a contribution of more than one thousand dollars
($1,000) to another committee or to a candidate.
SECTION 287. IC 3-9-5-14, AS AMENDED BY HEA 1467-2025,
SECTION 11, AND AS AMENDED BY HEA 1680-2025, SECTION
16, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 14. (a) As used in this section,
"threshold contribution amount" refers to the following:
(1) For contributions made to a candidate's committee, a
legislative caucus committee, or a political action committee, one
hundred dollars ($100).
(2) For contributions made to a regular party committee, two
hundred dollars ($200).
(b) The report of each committee's treasurer must disclose the
following:
(1) The amount of cash on hand and the value of any investments
made by the committee at the beginning of the reporting period.
(2) The total sum of individual contributions including
transfers-in, accepted by the committee during its reporting
period.
(3) The following information regarding each person who has
made one (1) or more contributions within the year, in an
aggregate amount that exceeds the threshold contribution amount
in actual value to or for the committee, including the purchase of
tickets for events such as dinners, luncheons, rallies, and similar
fundraising events:
(A) The full name of the person.
(B) The full mailing address of the person making the
contribution.
(C) The person's occupation, if the person is an individual who
has made contributions to the committee of at least one
thousand dollars ($1,000) during the calendar year.
(D) The date and amount of each contribution.
(4) The name and address of each committee from which the
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reporting committee received, or to which that committee made,
a transfer of funds, together with the amounts and dates of all
transfers.
(5) If the reporting committee is a candidate's committee, the
following information about each other committee that has
reported expenditures to the reporting candidate's committee
under section 15 of this chapter:
(A) The name and address of the other committee.
(B) The amount of expenditures reported by the other
committee.
(C) The date of the expenditures reported by the other
committee.
(D) The purpose of the expenditures reported by the other
committee.
(6) Each loan to or from a person within the reporting period
together with the following information:
(A) The full names and mailing addresses of the lender and
endorsers, if any.
(B) The person's occupation, if the person is an individual who
has made loans of at least one thousand dollars ($1,000) to the
committee during the calendar year.
(C) The date and amount of the loans.
(7) The total sum of all receipts of the committee during the
reporting period.
(8) The full name, mailing address, occupation, and principal
place of business, if any, of each person other than a committee
to whom an expenditure was made by the committee or on behalf
of the committee within the year in an aggregate amount that:
(A) exceeds one hundred dollars ($100), in the case of a
candidate's committee, legislative caucus committee, or
political action committee; or
(B) exceeds two hundred dollars ($200), in the case of a
regular party committee.
(9) The name, address, and office sought by each candidate for
whom any expenditure was made or a statement identifying the
public question for which any expenditure was made, including
the amount, date, and purpose of each expenditure.
(10) The full name, mailing address, occupation, and principal
place of business, if any, of each person to whom an expenditure
for personal services, salaries, or reimbursed expenses was made
within the year in an aggregate amount that:
(A) exceeds one hundred dollars ($100), in the case of a
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candidate's committee, legislative caucus committee, or
political action committee; or
(B) exceeds two hundred dollars ($200), in the case of a
regular party committee;
and that is not otherwise reported, including the amount, date, and
purpose of the expenditure.
(11) The total sum of expenditures made by the committee during
the reporting period.
(12) The amount and nature of debts owed by or to the committee,
and a continuous reporting of the debts after the election at the
times required under this article until the debts are extinguished.
(c) If a committee:
(1) obtains a contribution;
(2) determines that the contribution should not be accepted by the
committee; and
(3) does not receive and accept the contribution under
IC 3-9-1-25(b);
the committee must return the contribution to the person who made the
contribution. A returned contribution is not required to be listed on the
report of the committee's treasurer. However, if the committee receives
and deposits the contribution under IC 3-9-1-25(b) and subsequently
determines that the contribution should be refunded, the receipt and
refund of the contribution must be listed on the report of the
committee's treasurer.
(d) A report filed by the treasurer of a political action committee
under subsection (b) must include an affirmation by the treasurer that
the person making a contribution of any amount:
(1) is not a foreign national; and
(2) has not knowingly or willfully received, solicited, or accepted,
whether directly or indirectly, contributions or expenditures:
(A) from prohibited sources;
(B) that exceed, in the aggregate, fifty thousand dollars
($50,000); and
(C) within the four (4) years immediately preceding the date
the contribution is made.
(d) (e) This subsection applies to a contribution made through a
payment platform that acts as a conduit. The information disclosed
under subsection (b) must include the total amount of the contribution
made through the payment platform, before any fees or charges are
applied by the payment platform. The committee must also report as
expenditures under subsection (b) any fees or charges assessed by the
payment platform to the committee to use the platform, accept
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contributions, or transfer contributions to the committee's bank
account.
SECTION 288. IC 3-5-2-44, AS AMENDED BY SEA 287-2025,
SECTION 1, IS REPEALED [EFFECTIVE JULY 1, 2025]. Sec. 44.
"School board" means the governing body of a school corporation (as
defined in IC 20-18-2-5).
SECTION 289. IC 3-5-2-42.7, AS ADDED BY SEA 526-2025,
SECTION 1, IS REPEALED [EFFECTIVE JULY 1, 2025]. Sec. 42.7.
"Retraction", with respect to a ballot, means:
(1) the removal of votes on the ballot from the memory or the
document onto which the votes were recorded; or
(2) the exclusion or subtraction of votes on the ballot from the
final total from the memory or tabulation system on the document
on which the votes were recorded.
SECTION 290. IC 3-5-2-48.2, AS ADDED BY SEA 526-2025,
SECTION 2, IS REPEALED [EFFECTIVE JULY 1, 2025]. Sec. 48.2.
"Tabulated" means, with respect to ballots, the process of cumulating
into totals the votes on the ballots in a precinct, a county, or the
election district for each office and each public question on the ballot
in the precinct, county, or election district after accounting for ballots
that must be retracted.
SECTION 291. IC 20-32-8.5-2, AS AMENDED BY SEA 358-2025,
SECTION 2, AND AS AMENDED BY HEA 1499-2025, SECTION
2, AND AS AMENDED BY THE TECHNICAL CORRECTIONS
BILL OF THE 2025 GENERAL ASSEMBLY, IS CORRECTED AND
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
Sec. 2. (a) Except as provided in subsection (b), the plan required by
this chapter must include the following:
(1) Reading skill standards for grade 1 through grade 3.
(2) A method for making determinant evaluations by grade 3 that
remedial action is required for a student, including:
(A) except as provided in subsections (c) and (g), beginning
with evaluations administered during the 2024-2025 school
year, and except as provided in subsection (c), retention of the
student in grade 3 if the student has not achieved a passing
score on the determinant evaluation of reading skills approved
by the state board after the student has had an opportunity to
retake the determinant evaluation at least twice in the summer;
and
(B) the use of curricular materials and supplemental materials
aligned to the science of reading that are designed to address
deficiencies in reading;
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after other methods of remediation have been evaluated or used,
or both, if reading skills are below the standard. Appropriate
consultation with parents or guardians must be part of the plan.
(3) A requirement that schools notify a student's parent of the
following:
(A) The student's assessment results regarding skill level in:
(i) phonemic awareness;
(ii) phonics;
(iii) fluency;
(iv) vocabulary; and
(v) comprehension.
(B) The student's assessment results on the determinant
evaluation of reading skills approved by the state board.
(C) Any intervention provided to the student or any remedial
action taken.
(4) A requirement that schools monitor the progress of students
who failed to achieve a valid passing score on the:
(A) determinant evaluation of reading skills approved by the
state board; or
(B) statewide assessment program test.
(5) A requirement that schools provide reading instruction that
includes a core reading program aligned with the science of
reading to all students in kindergarten through grade 8.
(6) A requirement for the administration of the determinant
evaluation of reading skills approved by the state board to
students in grade 2.
(7) A requirement that all students take the determinant
evaluation of reading skills approved by the state board until the
student:
(A) receives a passing score, regardless of the student's grade
level; or
(B) enters grade 7.
(8) A requirement that a school report the following to the
department:
(A) The literacy interventions that will be used for students in
grade 2 who are at risk of not being reading proficient and
students in grade 3 who do not achieve a valid passing score
on the determinant evaluation of reading skills approved by
the state board.
(B) The literacy interventions in use before the adoption of the
plan for students in grade 2 who are at risk of not being
reading proficient and students in grade 3 who do not achieve
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a valid passing score on the determinant evaluation of reading
skills approved by the state board.
(C) The literacy interventions in use before the adoption of the
plan for students who do not achieve a valid passing score on
the determinant evaluation of reading skills approved by the
state board.
(D) The number of students being served by the interventions
described in clauses (B) and (C).
(E) The cost of providing the interventions described in
clauses (B) and (C).
(F) Any other information requested by the department.
(9) Requirements for a school in which fewer than seventy
percent (70%) of students of the school achieved a valid passing
score on the determinant evaluation of reading skills approved by
the state board that must include the following:
(A) Use of curriculum that is:
(i) based on the science of reading; and
(ii) age appropriate; and
(ii) (iii) approved by the department.
(B) Employment of the following:
(i) Before July 1, 2025, an instructional coach who is trained
in the science of reading, as determined by the department.
This item expires January 1, 2026.
(ii) After June 30, 2025, an instructional coach with a
literacy related endorsement who is trained in the science of
reading.
(C) Use of only benchmark, formative, interim, or similar
assessments that:
(i) show alignment with Indiana's academic standards; and
(ii) are approved by the department.
(D) Use of a screener procured under IC 20-32-5.1-17(j).
(10) The fiscal impact of each component of the plan, if any. In
determining whether a component has a fiscal impact,
consideration shall be given to whether the component will
increase costs to the state or a school corporation or require the
state or school corporation to reallocate resources.
(b) A school may receive a waiver of the requirements provided in
511 IAC 6.2-3.1-4(a)(2) if the state board approves an alternative
reading plan provided by the school.
(c) Except as approved by the department under subsection (g), a
student who would otherwise be subject to retention in grade 3 under
the plan is not subject to the retention requirement only if the student
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meets one (1) of the following criteria:
(1) The student was subject to retention and has been retained in
grade 3 for one (1) school year.
(2) The student has an intellectual disability or the student's
individualized education program specifies that retention is not
appropriate, and the student's case conference committee has
determined that promotion to another grade is appropriate.
(3) The student is an English learner who has received services
for fewer than two (2) years and a committee consisting of:
(A) the student's parent;
(B) a building level administrator or designee;
(C) a classroom teacher of service;
(D) an English learner teacher of record, if one exists; and
(E) an English learner district administrator, if one exists;
determines that promotion is appropriate based on the
implementation of research based instructional practices outlined
in the student's individual learning plan.
(4) The student received a score of proficient or above proficient
in grade 3 math on the statewide summative assessment.
(5) The student:
(A) has received intensive intervention as determined by the
department in reading for two (2) or more years; and
(B) was retained more than one (1) time throughout
kindergarten, grade 1, or grade 2.
(d) A student who is not subject to the retention requirement as
provided under subsection (c) must be provided with additional reading
instruction that is aligned with the science of reading until the student
achieves a passing score on the determinant evaluation of reading skills
approved by the state board.
(e) This subsection applies after June 30, 2024. Before October 1
of each school year, the department shall:
(1) identify each incoming student (as defined in section 0.7 of
this chapter) enrolled in kindergarten in a school in Indiana; and
(2) notify the parent or guardian of the student of the retention
requirement under this chapter for grade 3 students who do not
achieve a passing score on the Indiana reading evaluation and
determination (IRead3).
(f) The department shall establish a standard reporting process and
reporting window for schools to report students who qualify for an
exemption under subsection (c).
(g) The department shall establish a registration process for
schools to exempt an English language learner who:
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(1) does not achieve a passing score on the determinant
evaluation of reading skills approved by the state board; and
(2) attends a school that has a student population comprised of
at least fifty percent (50%) of English language learners in grade
3, as determined by the department;
from compliance with the requirements under subsection (a)(2)(A)
until the beginning of the 2027-2028 school year. This subsection
expires July 1, 2028.
SECTION 292. IC 6-1.1-12-43, AS AMENDED BY SEA 1-2025,
SECTION 49, AND AS AMENDED BY HEA 1587-2025, SECTION
4, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 43. (a) For purposes of this section:
(1) "benefit" refers to a deduction under section 9 (before its
expiration), 11 (before its expiration), 13 (before its expiration),
14 (before its expiration), 16 (before its expiration), 17.4 (before
its expiration), 26 (before its expiration), 29 (before its
expiration), 33 (before its expiration), 34 (before its expiration),
37, or 37.5 of this chapter;
(2) "closing agent" means a person that closes a transaction;
(3) "customer" means an individual who obtains a loan in a
transaction; and
(4) "transaction" means a single family residential:
(A) first lien purchase money mortgage transaction; or
(B) refinancing transaction.
(b) Before closing a transaction after December 31, 2004, a closing
agent must provide to the customer the form referred to in subsection
(c).
(c) Before June 1, 2004, the department of local government finance
shall prescribe the form to be provided by closing agents to customers
under subsection (b). The department shall make the form available to
closing agents, county assessors, county auditors, and county treasurers
in hard copy and electronic form. County assessors, county auditors,
and county treasurers shall make the form available to the general
public. The form must:
(1) on one (1) side:
(A) list each benefit; and
(B) list the eligibility criteria for each benefit;
(2) on the other side indicate:
(A) each action by and each type of documentation from the
customer required to file for each benefit; and
(B) sufficient instructions and information to permit a party to
terminate a standard deduction under section 37 of this chapter
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on any property on which the party or the spouse of the party
will no longer be eligible for the standard deduction under
section 37 of this chapter after the party or the party's spouse
begins to reside at the property that is the subject of the
closing, including an explanation of the tax consequences and
applicable penalties, if a party unlawfully claims a standard
deduction under section 37 of this chapter; and
(3) be printed in one (1) of two (2) or more colors prescribed by
the department of local government finance that distinguish the
form from other documents typically used in a closing referred to
in subsection (b).
(d) A closing agent:
(1) may reproduce the form referred to in subsection (c);
(2) in reproducing the form, must use a print color prescribed by
the department of local government finance; and
(3) is not responsible for the content of the form referred to in
subsection (c) and shall be held harmless by the department of
local government finance from any liability for the content of the
form.
(e) This subsection applies to a transaction that is closed after
December 31, 2009. In addition to providing the customer the form
described in subsection (c) before closing the transaction, a closing
agent shall do the following as soon as possible after the closing, and
within the time prescribed by the department of insurance under
IC 27-7-3-15.5:
(1) To the extent determinable, input the information described in
IC 27-7-3-15.5(c)(2) into the system maintained by the
department of insurance under IC 27-7-3-15.5.
(2) Submit the form described in IC 27-7-3-15.5(c) to the data
base described in IC 27-7-3-15.5(c)(2)(D).
(f) A closing agent to which this section applies shall document the
closing agent's compliance with this section with respect to each
transaction in the form of verification of compliance signed by the
customer.
(g) Subject to IC 27-7-3-15.5(d), a closing agent is subject to a civil
penalty of twenty-five dollars ($25) for each instance in which the
closing agent fails to comply with this section with respect to a
customer. The penalty:
(1) may be enforced by the state agency that has administrative
jurisdiction over the closing agent in the same manner that the
agency enforces the payment of fees or other penalties payable to
the agency; and
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(2) shall be paid into:
(A) the state general fund, if the closing agent fails to comply
with subsection (b); or
(B) the home ownership education account established by
IC 5-20-1-27, if the closing agent fails to comply with
subsection (e) in a transaction that is closed after December
31, 2009.
(h) A closing agent is not liable for any other damages claimed by
a customer because of:
(1) the closing agent's mere failure to provide the appropriate
document to the customer under subsection (b); or
(2) with respect to a transaction that is closed after December 31,
2009, the closing agent's failure to input the information or
submit the form described in subsection (e).
(i) The state agency that has administrative jurisdiction over a
closing agent shall:
(1) examine the closing agent to determine compliance with this
section; and
(2) impose and collect penalties under subsection (g).
SECTION 293. IC 3-5-2-6, AS AMENDED BY HEA 1679-2025,
SECTION 1, IS REPEALED [EFFECTIVE JULY 1, 2025]. Sec. 6. (a)
Except as provided in subsections (b) and (c), "candidate" means an
individual who:
(1) has taken the action necessary to qualify under Indiana law for
listing on the ballot at an election or to become a write-in
candidate;
(2) has publicly announced or declared candidacy for an elected
office; or
(3) otherwise seeks nomination for or election to an elected office,
regardless of whether the individual wins election to the office.
(b) As used in IC 3-9, an individual becomes a "candidate" when the
individual, the candidate's committee, or a person acting with the
consent of the individual:
(1) receives more than one hundred dollars ($100) in
contributions;
(2) makes more than one hundred dollars ($100) in expenditures;
(3) is required to file a written instrument designating a principal
committee under IC 3-9-1-5.5 or IC 3-9-5-1;
(4) is subject to campaign contribution limits under IC 3-9-2;
(5) is subject to campaign expense restrictions under IC 3-9-3; or
(6) is subject to requirements for campaign communications
including fabricated media under IC 3-9-8.
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(c) As used in IC 3-13-1 and IC 3-13-2, "candidate" includes an
individual filling a general or municipal election ballot vacancy under
IC 3-13-1 or IC 3-13-2 when a county or town election board, the
Indiana election commission, or a court has determined that the
required action of:
(1) the individual; or
(2) another person under IC 3-13-1 or IC 3-13-2;
is void or invalid.
(d) As used in IC 3-14-3-18, "candidate" includes an individual
described in IC 3-14-3-18(a).
SECTION 294. IC 27-1-24.5-25, AS AMENDED BY HEA
1004-2025, SECTION 40, AND AS AMENDED BY HEA 1003-2025,
SECTION 47, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 25. (a) A contract
holder may, one (1) time in a calendar year and not earlier than six (6)
months following a previously requested audit, request an audit of
compliance with the contract. If requested by the contract holder, the
audit shall include full disclosure of the following data specific to the
contract holder:
(1) Rebate amounts secured on prescription drugs, whether
product specific or general rebates, that were provided by a
pharmaceutical manufacturer. The information provided under
this subdivision must identify the prescription drugs by
therapeutic category.
(2) Pharmaceutical and device claims received by the pharmacy
benefit manager on any of the following:
(A) The CMS-1500 form or its successor form.
(B) The HCFA-1500 form or its successor form.
(C) The HIPAA X12 837P electronic claims transaction for
professional services, or its successor transaction.
(D) The HIPAA X12 837I institutional form or its successor
form.
(E) The CMS-1450 form or its successor form.
(F) The UB-04 form or its successor form.
The forms or transaction may be modified as necessary to comply
with the federal Health Insurance Portability and Accountability
Act (HIPAA) (P.L. 104-191). or to redact a trade secret (as
defined in IC 24-2-3-2).
(3) Pharmaceutical and device claims payments or electronic
funds transfer or remittance advice notices provided by the
pharmacy benefit manager as ASC X12N 835 files or a successor
format. The files may be modified as necessary to comply with
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the federal Health Insurance Portability and Accountability Act
(HIPAA) (P.L. 104-191). or to redact a trade secret (as defined
in IC 24-2-3-2). In the event that paper claims are provided, the
pharmacy benefit manager shall convert the paper claims to the
ASC X12N 835 electronic format or a successor format.
(4) Any other revenue and fees derived by the pharmacy benefit
manager from the contract, including all direct and indirect
remuneration from pharmaceutical manufacturers regardless of
whether the remuneration is classified as a rebate, fee, or another
term.
(b) A pharmacy benefit manager may not impose the following:
(1) Fees for:
(A) requesting an audit under this section; or
(B) selecting an auditor other than an auditor designated by the
pharmacy benefit manager.
(2) Conditions that would restrict a contract holder's right to
conduct an audit under this section, including restrictions on the:
(A) time period of the audit;
(B) number of claims analyzed;
(C) type of analysis conducted;
(D) data elements used in the analysis; or
(E) selection of an auditor as long as the auditor:
(i) does not have a conflict of interest;
(ii) meets a threshold for liability insurance specified in the
contract between the parties;
(iii) does not work on a contingent fee basis; and
(iv) does not have a history of breaching nondisclosure
agreements.
(c) A pharmacy benefit manager shall disclose, upon request from
a contract holder, to the contract holder the actual amounts directly or
indirectly paid by the pharmacy benefit manager to the pharmacist or
pharmacy for the drug and for pharmacist services related to the drug.
(d) A pharmacy benefit manager shall provide notice to a contract
holder contracting with the pharmacy benefit manager of any
consideration, including direct or indirect remuneration, that the
pharmacy benefit manager receives from a pharmaceutical
manufacturer or group purchasing organization for formulary
placement or any other reason.
(e) The commissioner may establish a procedure to release
information from an audit performed by the department to a contract
holder that has requested an audit under this section in a manner that
does not violate confidential or proprietary information laws.
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(f) A contract that is entered into, issued, amended, or renewed after
June 30, 2024, may not contain a provision that violates this section.
(g) A pharmacy benefit manager shall:
(1) obtain any information requested in an audit under this section
from a group purchasing organization or other partner entity of
the pharmacy benefit manager; and
(2) confirm receipt of a request for an audit under this section
provide claims data to the contract holder not later than ten (10)
fifteen (15) business days after the information or claims data is
requested.
(h) Information provided in an audit under this section must be
provided in accordance with the federal Health Insurance Portability
and Accountability Act (HIPAA) (P.L. 104-191).
SECTION 295. IC 27-2-25.5-4, AS AMENDED BY HEA
1004-2025, SECTION 49, AND AS AMENDED BY HEA 1003-2025,
SECTION 62, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) A plan sponsor
that contracts with a third party administrator, the office of the
secretary of family and social services that contracts with a managed
care organization (as defined in IC 12-7-2-126.9) to provide services
to a Medicaid recipient, or the state personnel department that contracts
with a prepaid health care delivery plan under IC 5-10-8-7(c) to
provide group health coverage for state employees may, one (1) time
in a calendar year and not earlier than six (6) months following a
previously requested audit, request an audit of compliance with the
contract. If requested by the plan sponsor, office of the secretary of
family and social services, or state personnel department, the audit
shall include full disclosure of the following concerning data specific
to the plan sponsor, office of the secretary, or state personnel
department:
(1) Claims data described in section 1 of this chapter.
(2) Claims received by the third party administrator, managed
care organization, or prepaid health care delivery plan on any of
the following:
(A) The CMS-1500 form or its successor form.
(B) The HCFA-1500 form or its successor form.
(C) The HIPAA X12 837P electronic claims transaction for
professional services, or its successor transaction.
(D) The HIPAA X12 837I institutional form or its successor
form.
(E) The CMS-1450 form or its successor form.
(F) The UB-04 form or its successor form.
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The forms or transaction may be modified as necessary to comply
with the federal Health Insurance Portability and Accountability
Act (HIPAA) (P.L. 104-191). or to redact a trade secret (as
defined in IC 24-2-3-2).
(3) Claims payments, electronic funds transfer, or remittance
advice notices provided by the third party administrator, managed
care organization, or prepaid health care delivery plan as ASC
X12N 835 files or a successor format. The files may be modified
only as necessary to comply with the federal Health Insurance
Portability and Accountability Act (HIPAA) (P.L. 104-191). or to
redact a trade secret (as defined in IC 24-2-3-2). In the event that
paper claims are provided, the third party administrator, managed
care organization, or prepaid health care delivery plan shall
convert the paper claims to the ASC X12N 835 electronic format
or a successor format.
(4) Any fees charged to the plan sponsor, office of the secretary
of family and social services, or state personnel department
related to plan administration and claims processing, including
renegotiation fees, access fees, repricing fees, or enhanced review
fees.
(b) A third party administrator, managed care organization, or
prepaid health care delivery plan may not impose:
(1) fees for:
(A) requesting an audit under this section; or
(B) selecting an auditor other than an auditor designated by the
third party administrator, managed care organization, or
prepaid health care delivery plan; or
(2) conditions that would restrict a party's right to conduct an
audit under this section, including restrictions on the:
(A) time period of the audit;
(B) number of claims analyzed;
(C) type of analysis conducted;
(D) data elements used in the analysis; or
(E) selection of an auditor as long as the auditor:
(i) does not have a conflict of interest;
(ii) meets a threshold for liability insurance specified in the
contract between the parties;
(iii) does not work on a contingent fee basis; and
(iv) does not have a history of breaching nondisclosure
agreements.
(c) A third party administrator, managed care organization, or
prepaid health care delivery plan shall confirm receipt of a request for
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350
an audit under this section to the plan sponsor, office of the secretary
of family and social services, or state personnel department provide
claims data to the contract holder not later than ten (10) fifteen (15)
business days after the information claims data is requested.
(d) Information provided in an audit under this section must be
provided in accordance with the federal Health Insurance Portability
and Accountability Act (HIPAA) (P.L. 104-191).
(e) A contract that is entered into, issued, amended, or renewed after
June 30, 2024, may not contain a provision that violates this section.
(f) A violation of this section is an unfair or deceptive act or practice
in the business of insurance under IC 27-4-1-4.
(g) The department may also adopt rules under IC 4-22-2 to set forth
fines for a violation under this section.
SEA 80 — CC 1
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 80 — CC 1Every fact on this page links to its source, starting with the official bill record.