New laws that take effect in Indiana on July 1, 2022
Here are a few of the new laws that take effect in Indiana on July 1, 2022.
HEA1013: STATE FOSSIL
The bill designates the mastodon as the official state fossil of Indiana.
HEA1296: FIREARM MATTERS
Repeals the law that requires a person to obtain a license to carry a handgun in Indiana. Specifies that certain persons who are not otherwise prohibited from carrying or possessing a handgun are not required to obtain or possess a license or permit from the state to carry a handgun in Indiana. Prohibits certain individuals from knowingly or intentionally carrying a handgun. Creates the crime of "unlawful carrying of a handgun" and specifies the penalties for committing this crime. Allows particular individuals who do not meet the requirements to receive a handgun license and are not otherwise prohibited to carry a handgun in limited places. Allows a resident of Indiana to obtain in certain circumstances a license to carry a handgun in Indiana. Makes theft of a firearm a Level 5 felony.
HEA1041: PARTICIPATION IN SCHOOL SPORTS
Requires, for purposes of interscholastic athletic events, school corporations, public schools, nonpublic schools, and certain athletic associations to expressly designate an athletic team or sport as one of the following:
(1) A male, men's, or boys' team or sport.
(2) A female, women's, or girls' team or sport.
(3) A coeducational or mixed team or sport.
Prohibits a male, based on the student's biological sex at birth in accordance with the student's genetics and reproductive biology, from participating on an athletic team or sport designated as being a female, women's, or girls' athletic team or sport.
Requires school corporations, public schools, certain nonpublic schools, and certain athletic associations to:
(1) establish and maintain grievance procedures; or
(2) maintain grievance or protest procedures established before July 1, 2022; for a violation of these provisions.
Establishes a civil action for a violation of these provisions. Provides that school corporations, public schools, certain nonpublic schools, and certain athletic associations are not subject to liability in a civil, administrative, disciplinary, or criminal action for acting in compliance with these provisions.
HEA1217: COERCED ABORTION
The bill requires that a pregnant woman seeking an abortion must be informed that a coerced abortion is illegal. Medical Personnel: It also provides that certain medical personnel must inquire with a pregnant woman seeking an abortion whether the abortion is coerced. The bill requires certain medical personnel who believe that an abortion is coerced to offer the pregnant woman information on certain services, the use of a telephone, and an alternative exit from the health care facility.
The bill makes it a Level 6 felony if a person knowingly or intentionally coerces a pregnant woman into having an abortion. It mandates reports of a coerced abortion to law enforcement, and it provides that a law enforcement agency must immediately respond and initiate an investigation upon receipt of a complaint of coercion or attempted coercion. The bill also makes it a Class C infraction if a reproductive health facility knowingly employs a mandatory reporter who violates the mandatory reporting statute.
HEA1130: OPEN MEETINGS
The bill requires a governing body of a school corporation (school board) to allow each member of the public attending a meeting the opportunity to provide oral public comment. It allows a school board to permit oral public comment at a public meeting that is conducted electronically during a state or local disaster emergency. The bill restricts the circumstances in which the governing body of a state or local public agency may hold a virtual meeting during a declared disaster emergency without any of the governing body members physically present.
SEA83: OPEN MEETINGS
The bill requires a governing body of a school corporation or charter school to permit oral public comment on a topic before the governing body takes final action on the topic. The bill allows the governing body of a state or local public agency to conduct a meeting electronically without any governing body members physically present if a state or local disaster emergency is declared and the following circumstances exist:
(1) Meeting in person would present an imminent risk to the health or safety of the governing body and public.
(2) In the case of a governing body of a school corporation or charter school, in addition to the presence of the circumstances described in (1), at least one school within the jurisdiction of the school corporation or charter school is closed because of the disaster emergency.
It adds a definition of "charter school" for purposes of the Open Door Law that includes a virtual charter school.
HEA1190: FREE SPEECH AT STATE EDUCATIONAL INSTITUTIONS
Provides that a state educational institution may not:
(1) designate an outdoor area on campus as an area where protected expressive activities are prohibited;
(2) deny any benefit or privilege to, or discriminate against, a religious, political, or ideological student organization for its protected expressive activity; and
(3) deny a benefit to or discriminate against a religious, political, or ideological student organization based on the protected expressive activity or a requirement of the student organization.
Allows a state educational institution to enforce reasonable time, place, and manner restrictions that comply with certain requirements.
Requires a state educational institution to create and publish protected expressive activity policies. Provides that a student or student organization may bring a cause of action for a violation of free speech rights. Allows a court to award injunctive relief, compensatory damages, reasonable court costs, and attorney's fees to an aggrieved student or student organization if the court finds that a violation occurred. Allows a court to award compensatory damages up to $50,000. Provides that a state educational institution is not immune from certain liability. Requires the commission for higher education to create a form for a state educational institution to submit information on an alleged violation of this chapter.
SEA115: SCHOOL EMPLOYEE MISCONDUCT
This bill provides that a policy adopted by a school corporation, charter school, or nonpublic school with at least one employee addressing expanded criminal history checks or expanded child protection index checks (background checks) must prohibit the hiring of, continuing the employment of, contracting with, or continuing to contract with a person who has been convicted of an offense requiring license revocation, unless the conviction has been reversed, vacated, or set aside on appeal. (Current law provides that such a policy addressing background checks must prohibit the hiring of a person who has been convicted of an offense requiring license revocation, unless the conviction has been reversed, vacated, or set aside on appeal.)
It provides that:
(1) a school corporation;
(2) a charter school; or
(3) an entity:
(A) with which a school corporation contracts for services; and
(B) that has employees who are likely to have direct, ongoing contact with children within the scope of the employees' employment;
shall consider whether information obtained from the background checks concerning an individual's conviction for certain offenses constitutes grounds to not employ, not contract with, or to terminate the employment of or contract with the individual. It provides that, in the event that an entity obtains information that an individual employed by the entity who works at a particular school corporation or charter school has been convicted of certain offenses, the entity shall immediately notify the school corporation or charter school of the employee's conviction. It makes changes to the list of offenses for which the Department of Education shall permanently revoke a teacher's license.
Defines "charitable bail organization" and allows a charitable organization to pay bail on behalf of specified defendants if the organization meets certain criteria and is certified by the commissioner of the department of insurance (commissioner). Specifies the circumstances under which a certification may be revoked, and exempts from the certification requirement a person that pays bail for:
(1) not more than three individuals in any 180 day period; or
(2) a relative.
Requires the commissioner to adopt rules, including emergency rules, for the certification of charitable bail organizations. Prohibits the state and a political subdivision from:
(1) posting bail for any person; or
(2) for the purpose of posting bail for any person, providing a grant or other funding, directly or indirectly, to an entity that posts bail for any person.
Requires a person paying cash bail, including a charitable bail organization, to execute an agreement allowing the court to retain all or part of the bail to pay certain court costs. Requires that bail be returned to the person who posted it. Provides that a case management system developed and operated by the office of judicial administration must include a searchable field for certain information of the bail agent or a person authorized by the surety that pays bail for an individual.
SEA70: OBSTRUCTION OF JUSTICE
The bill provides that a person commits obstruction of justice if the person induces a witness in a legal proceeding to:
(1) withhold or delay producing evidence that the witness is legally required to produce;
(2) avoid a subpoena or court order;
(3) not appear at a proceeding to which the witness has been summoned; or
(4) give a false or materially misleading statement.
The bill provides that a person commits obstruction of justice, as a Level 5 felony, if the person induces a witness to give a false or materially misleading statement during the investigation or pendency of a domestic violence or child abuse case. The bill establishes a uniform definition of "communicates" for the criminal code.
SEA304: TOWNSHIP TRUSTEES AND BUDGETS
The bill provides that the township board, county executive, and county fiscal body may adopt resolutions to collectively petition a court to remove a township trustee from office for committing certain violations. The bill requires the township board to meet and adopt the budget even if the township board intends for the most recent annual appropriations and annual tax levy of the township to be continued for the ensuing budget year. It corrects a reference to a provision imposing criminal liability for an officer's failure to file an adopted budget with the Department of Local Government Finance (DLGF).
SEA136: DENTAL PLANS AND ACCESS TO DENTAL NETWORKS
This bill prohibits a dental plan (an insurance policy, a health maintenance organization contract, or a preferred provider plan) from directly or indirectly requiring a dental provider to provide a dental service to a covered individual at a fee amount that is:
(1) set by the dental plan; or
(2) subject to the approval of the dental plan; unless the dental service is a covered service under the dental plan.
It prohibits a third party administrator or another person from arranging for a dental provider to provide dental services for a dental plan that sets the amount of the fee for any dental services unless the dental services are covered services under the dental plan. The bill also authorizes the Insurance Commissioner to issue a cease and desist order against a person that violates any of these prohibitions and, if the person violates the cease and desist order, to impose a civil penalty upon the person and suspend or revoke the person's certificate of authority.
HEA1004: DEPARTMENT OF CORRECTION
Amends and updates certain terms involving direct placement in a community corrections program. Updates the definition of "community corrections program". Specifies that a court may suspend any portion of a sentence and order a person to be placed in a community corrections program for the part of the sentence which must be executed. Provides that a person placed on a level of supervision as part of a community corrections program:
(1) is entitled to earned good time credit;
(2) may not earn educational credit; and
(3) may be deprived of earned good time credit. Provides that when a person completes a placement program, the court may place the person on probation.
Provides that a court may commit a person convicted of a Level 6 felony for an offense committed after June 30, 2022, to the department of correction (department), and that, consistent with current law, a court may commit a person convicted of a Level 6 felony for an offense committed before July 1, 2022, to the department only if certain circumstances exist. Establishes certain conditions of parole for a person on lifetime parole and makes the violation of parole conditions and commission of specified other acts by a person on lifetime parole a Level 6 felony, with an enhancement to a Level 5 felony for a second or subsequent offense. Provides that, for purposes of calculating accrued time and good time credit, a calendar day includes a partial calendar day.
HEA1149: HOME BASED VENDORS
The bill specifies the requirements for the preparation and sale of food products as a home based vendor. It reorganizes provisions concerning the sale of certain food products by an individual vendor at a farmers' market or roadside stand. The bill also requires an individual who sells poultry, rabbits, and eggs at a farmers' market or roadside stand to comply with certain requirements.
SEA347: TRIBAL LAW ENFORCEMENT
This bill authorizes police officers appointed by a tribe to exercise police powers in Indiana if the tribal police officer meets the standards of the Indiana Law Enforcement Academy. It provides that a tribe may authorize a tribal police officer to exercise police powers in the entire state, or in any part of the state, if certain conditions are met. It requires a tribe seeking to employ an individual as a tribal police officer who will exercise police powers in Indiana to request the individual's employment history, if the individual was previously employed by a law enforcement agency.
HEA1247: CHILD FATALITIES
The bill requires the State Child Fatality Review Coordinator to provide to each local child fatality review team a data collection form for reporting data regarding child fatalities. Department of Child Services: It specifies additional information that must be included in the Department of Child Services' annual report regarding child fatalities that are the result of abuse or neglect.
HEA1254: NEWBORN SCREENING REQUIREMENTS
This bill provides that beginning July 1, 2022, only a disorder recommended by a Perinatal Genetics and Genomics Advisory Committee (committee) with expertise in newborn screening, and through protocols prescribed by the State Department of Health (IDOH), may be added to the list of disorders requiring the examination of infants. The bill provides that beginning July 1, 2022, a committee with expertise in newborn screening, and through protocols established by the IDOH, may recommend the addition of a disorder to, or deletion of a disorder from, the required examination. It provides that the IDOH shall adopt rules to add disorders to, or delete disorders from, the required examination. It provides that the IDOH shall include any disorder added to or deleted from the required examination on a list on the IDOH's Internet web site. It also provides that the committee shall affirm the addition of, or deletion of, any disorder to the examination requirement on an annual basis.
HEA1294: RESTRAINT OF PREGNANT INMATES
It provides that a correctional facility shall:
(1) use the least restrictive restraints necessary on a pregnant inmate when the pregnant inmate is in the second or third trimester of pregnancy; or
(2) use no restraints on a pregnant inmate who is in labor, delivering a baby, during the immediate postdelivery period, or dealing with a medical emergency related to the pregnancy, with certain exceptions.
SEA117: POLICE LOG INFORMATION
This bill provides that certain information contained in a daily log of a law enforcement agency relating to the victim of a crime or delinquent act who is less than 18 years of age may not be disclosed by a public agency without the consent of the child's parent, guardian, or custodian, unless access to the records is specifically required by a state or federal statute or is ordered by a court under the rules of discovery. It provides that the information may be disclosed to the Department of Child Services. It provides that a law enforcement agency shall maintain a daily log or record that lists suspected or investigated crimes, accidents, or complaints. (Current law provides that a law enforcement agency shall maintain a daily log or record that lists suspected crimes, accidents, or complaints.) It prohibits, after June 30, 2023, the broadcast of a Social Security number by police radio unless the broadcast is encrypted.
HEA1079: ELEMENTS OF RAPE
This bill provides that a person commits rape if the person engages in sexual activity with another person and the person disregards the other person's attempts to refuse the person's acts.
HEA1248: DIRECT CONTACT WITH SPECIFIED ANIMALS
The bill prohibits a person that owns or possesses a specified animal from allowing a member of the public to come into direct contact, or enter into a proximity that allows for or permits direct contact, with the specified animal. It prohibits the Department of Natural Resources (DNR)from adopting a rule to designate additional specified animals. It requires that a person who owns a specified animal must have a commercial animal dealer, breeder, or exhibitor's license issued by the United States Department of Agriculture (USDA). The bill provides that a violation of the law is a Class B infraction. It excludes from the substance of the bill physical contact or proximity between certain persons and a specified animal.
HEA1283: EXONERATION PAYMENTS
The bill provides that a person applying to the Indiana Criminal Justice Institute seeking compensation for wrongful incarceration must prove that he or she is actually innocent by a preponderance of the evidence. Suspension of Payments– The bill specifies that payments may be suspended while a defendant is serving a term of imprisonment following a conviction for a different offense.
HEA1351: DISCLOSURE OR NOTIFICATION OF DATA BREACH
This bill adds a requirement that disclosure or notice must occur not more than 45 days after the discovery of a breach.