Introduced Version SENATE BILL No. 134 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 5-2-6.1; IC 16-41-8; IC 35-31.5-2; IC 35-37-4; IC 35-42-2-1; IC 35-46-1. Synopsis: Battery on a sports official. Increases the penalty for battery if it is committed against a person certified as a referee, an umpire, or an athletic official. Effective: July 1, 2015. Randolph January 6, 2015, read first time and referred to Committee on Corrections & Criminal Law. 2015 IN 134—LS 6276/DI 106 Introduced First Regular Session 119th General Assembly (2015) 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 2014 Regular Session and 2014 Second Regular Technical Session of the General Assembly. SENATE BILL No. 134 A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure. Be it enacted by the General Assembly of the State of Indiana: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 SECTION 1. IC 5-2-6.1-8, AS AMENDED BY P.L.48-2012, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 8. As used in this chapter, "violent crime" means the following: (1) A crime under the Indiana Code that is a felony of any kind or a Class A misdemeanor that results in bodily injury or death to the victim but does not include any of the following: (A) A crime under IC 9-30-5 resulting from the operation of a vehicle other than a motor vehicle. (B) Involuntary manslaughter resulting from the operation of a motor vehicle by a person who was not intoxicated (IC 35-42-1-4). (C) Reckless homicide resulting from the operation of a motor vehicle by a person who was not intoxicated (IC 35-42-1-5). (D) Criminal recklessness involving the use of a motor vehicle, unless the offense was intentional or the person using 2015 IN 134—LS 6276/DI 106 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 the motor vehicle was intoxicated (IC 35-42-2-2). (E) A crime involving the operation of a motor vehicle if the driver of the motor vehicle was not charged with an offense under IC 9-30-5. (F) Battery upon a child (IC 35-42-2-1(a)(2)(B)). less than fourteen (14) years of age (IC 35-42-2-1). (G) Child molesting (IC 35-42-4-3). (H) Child seduction (IC 35-42-4-7). (2) A crime in another jurisdiction in which the elements of the crime are substantially similar to the elements of a crime that, if the crime results in death or bodily injury to the victim, would be a felony or a Class A misdemeanor if committed in Indiana. However, the term does not include any of the following: (A) A crime in another jurisdiction resulting from operating a vehicle, other than a motor vehicle, while intoxicated. (B) A crime in another jurisdiction with elements substantially similar to involuntary manslaughter resulting from the operation of a motor vehicle if the crime was committed by a person who was not intoxicated. (C) A crime in another jurisdiction with elements substantially similar to reckless homicide resulting from the operation of a motor vehicle if the crime was committed by a person who was not intoxicated. (D) A crime in another jurisdiction with elements substantially similar to criminal recklessness involving the use of a motor vehicle unless the offense was intentional or the person using the motor vehicle was intoxicated. (E) A crime involving the operation of a motor vehicle if the driver of the motor vehicle was not charged with an offense under IC 9-30-5. (3) A terrorist act. SECTION 2. IC 5-2-6.1-16, AS AMENDED BY P.L.48-2012, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 16. (a) A person eligible for assistance under section 12 of this chapter may file an application for assistance with the division if the violent crime was committed in Indiana. (b) Except as provided in subsection (e), the application must be received by the division not more than one hundred eighty (180) days after the date the crime was committed. The division may grant an extension of time for good cause shown by the claimant. However, and except as provided in subsection (e), the division may not accept an application that is received more than two (2) years after the date the 2015 IN 134—LS 6276/DI 106 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 crime was committed. (c) The application must be filed in the office of the division in person, through the division's web site, or by first class or certified mail. If requested, the division shall assist a victim in preparing the application. (d) The division shall accept all applications filed in compliance with this chapter. Upon receipt of a complete application, the division shall promptly begin the investigation and processing of an application. (e) An alleged victim of a child sex crime may submit an application to the division until the victim becomes thirty-one (31) years of age. (f) An alleged victim of a battery upon a child less than fourteen (14) years of age under IC 35-42-2-1(a)(2)(B) IC 35-42-2-1 may submit an application to the division not later than five (5) years after the commission of the offense. SECTION 3. IC 16-41-8-1, AS AMENDED BY P.L.158-2013, SECTION 241, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 1. (a) As used in this chapter, "potentially disease transmitting offense" means any of the following: (1) Battery involving placing a bodily fluid or waste on another person (IC 35-42-2-1(b)(2)). (IC 35-42-2-1). (2) An offense relating to a criminal sexual act (as defined in IC 35-31.5-2-216), if sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) occurred. The term includes an attempt to commit an offense, if sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) occurred, and a delinquent act that would be a crime if committed by an adult. (b) Except as provided in this chapter, a person may not disclose or be compelled to disclose medical or epidemiological information involving a communicable disease or other disease that is a danger to health (as defined under rules adopted under IC 16-41-2-1). This information may not be released or made public upon subpoena or otherwise, except under the following circumstances: (1) Release may be made of medical or epidemiologic information for statistical purposes if done in a manner that does not identify an individual. (2) Release may be made of medical or epidemiologic information with the written consent of all individuals identified in the information released. (3) Release may be made of medical or epidemiologic information to the extent necessary to enforce public health laws, laws described in IC 31-37-19-4 through IC 31-37-19-6, IC 31-37-19-9 2015 IN 134—LS 6276/DI 106 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 through IC 31-37-19-10, IC 31-37-19-12 through IC 31-37-19-23, IC 35-38-1-7.1, and IC 35-45-21-1 or to protect the health or life of a named party. (4) Release may be made of the medical information of a person in accordance with this chapter. (c) Except as provided in this chapter, a person responsible for recording, reporting, or maintaining information required to be reported under IC 16-41-2 who recklessly, knowingly, or intentionally discloses or fails to protect medical or epidemiologic information classified as confidential under this section commits a Class A misdemeanor. (d) In addition to subsection (c), a public employee who violates this section is subject to discharge or other disciplinary action under the personnel rules of the agency that employs the employee. (e) Release shall be made of the medical records concerning an individual to: (1) the individual; (2) a person authorized in writing by the individual to receive the medical records; or (3) a coroner under IC 36-2-14-21. (f) An individual may voluntarily disclose information about the individual's communicable disease. (g) The provisions of this section regarding confidentiality apply to information obtained under IC 16-41-1 through IC 16-41-16. SECTION 4. IC 16-41-8-5, AS AMENDED BY P.L.158-2013, SECTION 242, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 5. (a) This section does not apply to medical testing of an individual for whom an indictment or information is filed for a sex crime and for whom a request to have the individual tested under section 6 of this chapter is filed. (b) The following definitions apply throughout this section: (1) "Bodily fluid" means blood, human waste, or any other bodily fluid. (2) "Dangerous disease" means any of the following: (A) Chancroid. (B) Chlamydia. (C) Gonorrhea. (D) Hepatitis. (E) Human immunodeficiency virus (HIV). (F) Lymphogranuloma venereum. (G) Syphilis. (H) Tuberculosis. (3) "Offense involving the transmission of a bodily fluid" means 2015 IN 134—LS 6276/DI 106 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 any offense (including a delinquent act that would be a crime if committed by an adult) in which a bodily fluid is transmitted from the defendant to the victim in connection with the commission of the offense. (c) This subsection applies only to a defendant who has been charged with a potentially disease transmitting offense. At the request of an alleged victim of the offense, the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, or the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2), the prosecuting attorney shall petition a court to order a defendant charged with the commission of a potentially disease transmitting offense to submit to a screening test to determine whether the defendant is infected with a dangerous disease. In the petition, the prosecuting attorney must set forth information demonstrating that the defendant has committed a potentially disease transmitting offense. The court shall set the matter for hearing not later than forty-eight (48) hours after the prosecuting attorney files a petition under this subsection. The alleged victim, the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, and the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2) are entitled to receive notice of the hearing and are entitled to attend the hearing. The defendant and the defendant's counsel are entitled to receive notice of the hearing and are entitled to attend the hearing. If, following the hearing, the court finds probable cause to believe that the defendant has committed a potentially disease transmitting offense, the court may order the defendant to submit to a screening test for one (1) or more dangerous diseases. If the defendant is charged with battery involving placing a bodily fluid or waste on another person (IC 35-42-2-1(b)(2)), (IC 35-42-2-1), the court may limit testing under this subsection to a test only for human immunodeficiency virus (HIV). However, the court may order additional testing for human immunodeficiency virus (HIV) as may be medically appropriate. The court shall take actions to ensure the confidentiality of evidence introduced at the hearing. (d) This subsection applies only to a defendant who has been charged with an offense involving the transmission of a bodily fluid. At the request of an alleged victim of the offense, the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, or the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2), the prosecuting attorney shall petition a court to order a defendant charged with the 2015 IN 134—LS 6276/DI 106 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 commission of an offense involving the transmission of a bodily fluid to submit to a screening test to determine whether the defendant is infected with a dangerous disease. In the petition, the prosecuting attorney must set forth information demonstrating that: (1) the defendant has committed an offense; and (2) a bodily fluid was transmitted from the defendant to the victim in connection with the commission of the offense. The court shall set the matter for hearing not later than forty-eight (48) hours after the prosecuting attorney files a petition under this subsection. The alleged victim of the offense, the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, and the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2) are entitled to receive notice of the hearing and are entitled to attend the hearing. The defendant and the defendant's counsel are entitled to receive notice of the hearing and are entitled to attend the hearing. If, following the hearing, the court finds probable cause to believe that the defendant has committed an offense and that a bodily fluid was transmitted from the defendant to the alleged victim in connection with the commission of the offense, the court may order the defendant to submit to a screening test for one (1) or more dangerous diseases. If the defendant is charged with battery involving placing a bodily fluid or waste on another person (IC 35-42-2-1(b)(2)), (IC 35-42-2-1), the court may limit testing under this subsection to a test only for human immunodeficiency virus (HIV). However, the court may order additional testing for human immunodeficiency virus (HIV) as may be medically appropriate. The court shall take actions to ensure the confidentiality of evidence introduced at the hearing. (e) The testimonial privileges applying to communication between a husband and wife and between a health care provider and the health care provider's patient are not sufficient grounds for not testifying or providing other information at a hearing conducted in accordance with this section. (f) A health care provider (as defined in IC 16-18-2-163) 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. (g) The results of a screening test conducted under this section shall be kept confidential if the defendant ordered to submit to the screening test under this section has not been convicted of the potentially disease transmitting offense or offense involving the transmission of a bodily fluid with which the defendant is charged. The results may not be made 2015 IN 134—LS 6276/DI 106 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 available to any person or public or private agency other than the following: (1) The defendant and the defendant's counsel. (2) The prosecuting attorney. (3) The department of correction or the penal facility, juvenile detention facility, or secure private facility where the defendant is housed. (4) The alleged victim or the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, or the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2), and the alleged victim's counsel. The results of a screening test conducted under this section may not be admitted against a defendant in a criminal proceeding or against a child in a juvenile delinquency proceeding. (h) As soon as practicable after a screening test ordered under this section has been conducted, the alleged victim or the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, or the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2), and the victim's counsel shall be notified of the results of the test. (i) An alleged victim may disclose the results of a screening test to which a defendant is ordered to submit under this section to an individual or organization to protect the health and safety of or to seek compensation for: (1) the alleged victim; (2) the alleged victim's sexual partner; or (3) the alleged victim's family. (j) The court shall order a petition filed and any order entered under this section sealed. (k) A person that knowingly or intentionally: (1) receives notification or disclosure of the results of a screening test under this section; and (2) discloses the results of the screening test in violation of this section; commits a Class B misdemeanor. SECTION 5. IC 35-31.5-2-35.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 35.7. "Certified athletic official", for purposes of IC 35-42-2-1, has the meaning set forth in IC 35-42-2-1. SECTION 6. IC 35-31.5-2-67 IS REPEALED [EFFECTIVE JULY 2015 IN 134—LS 6276/DI 106 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 1, 2015]. Sec. 67. "Correctional professional", for purposes of IC 35-42-2-1, has the meaning set forth in IC 35-42-2-1(b)(2). SECTION 7. IC 35-31.5-2-185, AS AMENDED BY P.L.172-2013, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 185. (a) "Law enforcement officer" means: (1) a police officer (including a correctional police officer), sheriff, constable, marshal, prosecuting attorney, special prosecuting attorney, special deputy prosecuting attorney, the securities commissioner, or the inspector general; (2) a deputy of any of those persons; (3) an investigator for a prosecuting attorney or for the inspector general; (4) a conservation officer; (5) an enforcement officer of the alcohol and tobacco commission; (6) an enforcement officer of the securities division of the office of the secretary of state; or (7) a gaming agent employed under IC 4-33-4.5 or a gaming control officer employed by the gaming control division under IC 4-33-20. (b) "Law enforcement officer", for purposes of IC 35-42-2-1, includes an alcoholic beverage enforcement officer, as set forth in IC 35-42-2-1(b)(1). IC 35-42-2-1. (c) "Law enforcement officer", for purposes of IC 35-45-15, includes a federal enforcement officer, as set forth in IC 35-45-15-3. (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and IC 35-44.1-3-2, includes a school resource officer (as defined in IC 20-26-18.2-1) and a school corporation police officer appointed under IC 20-26-16. SECTION 8. IC 35-31.5-2-260.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 260.2. "Public safety official", for purposes of IC 35-42-2-1, has the meaning set forth in IC 35-42-2-1. SECTION 9. IC 35-37-4-6, AS AMENDED BY P.L.28-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 6. (a) This section applies to a criminal action involving the following offenses where the victim is a protected person under subsection (c)(1) or (c)(2): (1) Sex crimes (IC 35-42-4). (2) Battery upon a child less than fourteen (14) years of age (IC 35-42-2-1(a)(2)(B)). (IC 35-42-2-1). 2015 IN 134—LS 6276/DI 106 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (3) Kidnapping and confinement (IC 35-42-3). (4) Incest (IC 35-46-1-3). (5) Neglect of a dependent (IC 35-46-1-4). (6) Human and sexual trafficking crimes (IC 35-42-3.5). (7) An attempt under IC 35-41-5-1 for an offense listed in subdivisions (1) through (6). (b) This section applies to a criminal action involving the following offenses where the victim is a protected person under subsection (c)(3): (1) Exploitation of a dependent or endangered adult (IC 35-46-1-12). (2) A sex crime (IC 35-42-4). (3) Battery (IC 35-42-2-1). (4) Kidnapping, confinement, or interference with custody (IC 35-42-3). (5) Home improvement fraud (IC 35-43-6). (6) Fraud (IC 35-43-5). (7) Identity deception (IC 35-43-5-3.5). (8) Synthetic identity deception (IC 35-43-5-3.8). (9) Theft (IC 35-43-4-2). (10) Conversion (IC 35-43-4-3). (11) Neglect of a dependent (IC 35-46-1-4). (12) Human and sexual trafficking crimes (IC 35-42-3.5). (c) As used in this section, "protected person" means: (1) a child who is less than fourteen (14) years of age; (2) an individual with a mental disability who has a disability attributable to an impairment of general intellectual functioning or adaptive behavior that: (A) is manifested before the individual is eighteen (18) years of age; (B) is likely to continue indefinitely; (C) constitutes a substantial impairment of the individual's ability to function normally in society; and (D) reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated; or (3) an individual who is: (A) at least eighteen (18) years of age; and (B) incapable by reason of mental illness, mental retardation, dementia, or other physical or mental incapacity of: (i) managing or directing the management of the individual's property; or 2015 IN 134—LS 6276/DI 106 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (ii) providing or directing the provision of self-care. (d) A statement or videotape that: (1) is made by a person who at the time of trial is a protected person; (2) concerns an act that is a material element of an offense listed in subsection (a) or (b) that was allegedly committed against the person; and (3) is not otherwise admissible in evidence; is admissible in evidence in a criminal action for an offense listed in subsection (a) or (b) if the requirements of subsection (e) are met. (e) A statement or videotape described in subsection (d) is admissible in evidence in a criminal action listed in subsection (a) or (b) if, after notice to the defendant of a hearing and of the defendant's right to be present, all of the following conditions are met: (1) The court finds, in a hearing: (A) conducted outside the presence of the jury; and (B) attended by the protected person in person or by using closed circuit television testimony as described in section 8(f) and 8(g) of this chapter; that the time, content, and circumstances of the statement or videotape provide sufficient indications of reliability. (2) The protected person: (A) testifies at the trial; or (B) is found by the court to be unavailable as a witness for one (1) of the following reasons: (i) From the testimony of a psychiatrist, physician, or psychologist, and other evidence, if any, the court finds that the protected person's testifying in the physical presence of the defendant will cause the protected person to suffer serious emotional distress such that the protected person cannot reasonably communicate. (ii) The protected person cannot participate in the trial for medical reasons. (iii) The court has determined that the protected person is incapable of understanding the nature and obligation of an oath. (f) If a protected person is unavailable to testify at the trial for a reason listed in subsection (e)(2)(B), a statement or videotape may be admitted in evidence under this section only if the protected person was available for cross-examination: (1) at the hearing described in subsection (e)(1); or (2) when the statement or videotape was made. 2015 IN 134—LS 6276/DI 106 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (g) A statement or videotape may not be admitted in evidence under this section unless the prosecuting attorney informs the defendant and the defendant's attorney at least ten (10) days before the trial of: (1) the prosecuting attorney's intention to introduce the statement or videotape in evidence; and (2) the content of the statement or videotape. (h) If a statement or videotape is admitted in evidence under this section, the court shall instruct the jury that it is for the jury to determine the weight and credit to be given the statement or videotape and that, in making that determination, the jury shall consider the following: (1) The mental and physical age of the person making the statement or videotape. (2) The nature of the statement or videotape. (3) The circumstances under which the statement or videotape was made. (4) Other relevant factors. (i) If a statement or videotape described in subsection (d) is admitted into evidence under this section, a defendant may introduce a: (1) transcript; or (2) videotape; of the hearing held under subsection (e)(1) into evidence at trial. SECTION 10. IC 35-37-4-8, AS AMENDED BY P.L.173-2006, SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 8. (a) This section applies to a criminal action under the following: (1) Sex crimes (IC 35-42-4). (2) Battery upon a child less than fourteen (14) years of age (IC 35-42-2-1(a)(2)(B)). (IC 35-42-2-1). (3) Kidnapping and confinement (IC 35-42-3). (4) Incest (IC 35-46-1-3). (5) Neglect of a dependent (IC 35-46-1-4). (6) Human and sexual trafficking crimes (IC 35-42-3.5). (7) An attempt under IC 35-41-5-1 for an offense listed in subdivisions (1) through (6). (b) As used in this section, "protected person" has the meaning set forth in section 6 of this chapter. (c) On the motion of the prosecuting attorney, the court may order that the testimony of a protected person be taken in a room other than the courtroom, and that the questioning of the protected person by the prosecution and the defense be transmitted using a two-way closed 2015 IN 134—LS 6276/DI 106 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 circuit television arrangement that: (1) allows the protected person to see the accused and the trier of fact; and (2) allows the accused and the trier of fact to see and hear the protected person. (d) On the motion of the prosecuting attorney or the defendant, the court may order that the testimony of a protected person be videotaped for use at trial. The videotaping of the testimony of a protected person under this subsection must meet the requirements of subsection (c). (e) The court may not make an order under subsection (c) or (d) unless: (1) the testimony to be taken is the testimony of a protected person who: (A) is the alleged victim of an offense listed in subsection (a) for which the defendant is being tried or is a witness in a trial for an offense listed in subsection (a); and (B) is found by the court to be a protected person who should be permitted to testify outside the courtroom because: (i) the court finds from the testimony of a psychiatrist, physician, or psychologist and any other evidence that the protected person's testifying in the physical presence of the defendant would cause the protected person to suffer serious emotional harm and the court finds that the protected person could not reasonably communicate in the physical presence of the defendant to the trier of fact; (ii) a physician has certified that the protected person cannot be present in the courtroom for medical reasons; or (iii) evidence has been introduced concerning the effect of the protected person's testifying in the physical presence of the defendant, and the court finds that it is more likely than not that the protected person's testifying in the physical presence of the defendant creates a substantial likelihood of emotional or mental harm to the protected person; (2) the prosecuting attorney has informed the defendant and the defendant's attorney of the intention to have the protected person testify outside the courtroom; and (3) the prosecuting attorney informed the defendant and the defendant's attorney under subdivision (2) at least ten (10) days before the trial of the prosecuting attorney's intention to have the protected person testify outside the courtroom. (f) If the court makes an order under subsection (c), only the following persons may be in the same room as the protected person 2015 IN 134—LS 6276/DI 106 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 during the protected person's testimony: (1) A defense attorney if: (A) the defendant is represented by the defense attorney; and (B) the prosecuting attorney is also in the same room. (2) The prosecuting attorney if: (A) the defendant is represented by a defense attorney; and (B) the defense attorney is also in the same room. (3) Persons necessary to operate the closed circuit television equipment. (4) Persons whose presence the court finds will contribute to the protected person's well-being. (5) A court bailiff or court representative. (g) If the court makes an order under subsection (d), only the following persons may be in the same room as the protected person during the protected person's videotaped testimony: (1) The judge. (2) The prosecuting attorney. (3) The defendant's attorney (or the defendant, if the defendant is not represented by an attorney). (4) Persons necessary to operate the electronic equipment. (5) The court reporter. (6) Persons whose presence the court finds will contribute to the protected person's well-being. (7) The defendant, who can observe and hear the testimony of the protected person with the protected person being able to observe or hear the defendant. However, if the defendant is not represented by an attorney, the defendant may question the protected person. (h) If the court makes an order under subsection (c) or (d), only the following persons may question the protected person: (1) The prosecuting attorney. (2) The defendant's attorney (or the defendant, if the defendant is not represented by an attorney). (3) The judge. SECTION 11. IC 35-42-2-1, AS AMENDED BY P.L.147-2014, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 1. (a) As used in this section, "certified athletic official" means a person serving as: (1) a referee; (2) an umpire; or (3) an official; at an athletic event, if the person has been certified as a referee, an 2015 IN 134—LS 6276/DI 106 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 umpire, or an official by a national certification program. (a) (b) As used in this section, "public safety official" means: (1) a law enforcement officer, including an alcoholic beverage enforcement officer; (2) an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71); (3) an employee of the department of correction; (4) a probation officer; (5) a parole officer; (6) a community corrections worker; (7) a home detention officer; (8) a department of child services employee; (9) a firefighter; (10) an emergency medical services provider; or (11) a judicial officer. (b) (c) Except as provided in subsections (c) (d) through (j), (k), a person who knowingly or intentionally: (1) touches another person in a rude, insolent, or angry manner; or (2) in a rude, insolent, or angry manner places any bodily fluid or waste on another person; commits battery, a Class B misdemeanor. (c) (d) The offense described in subsection (b)(1) (c)(1) or (b)(2) (c)(2) is a Class A misdemeanor if it results in bodily injury to any other person. (d) (e) The offense described in subsection (b)(1) (c)(1) or (b)(2) (c)(2) is a Level 6 felony if one (1) or more of the following apply: (1) The offense results in moderate bodily injury to any other person. (2) The offense is committed against a public safety official or certified athletic official while the official is engaged in the official's official duty. (3) The offense is committed against a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age. (4) The offense is committed against a person of any age who has a mental or physical disability and is committed by a person having the care of the person with the mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation. (5) The offense is committed against an endangered adult (as defined in IC 12-10-3-2). 2015 IN 134—LS 6276/DI 106 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (6) The offense is committed against a family or household member (as defined in IC 35-31.5-2-128) if the person who committed the offense: (A) is at least eighteen (18) years of age; and (B) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense. (e) (f) The offense described in subsection (b)(2) (c)(2) is a Level 6 felony if the person knew or recklessly failed to know that the bodily fluid or waste placed on another person was infected with hepatitis, tuberculosis, or human immunodeficiency virus. (f) (g) The offense described in subsection (b)(1) (c)(1) or (b)(2) (c)(2) is a Level 5 felony if one (1) or more of the following apply: (1) The offense results in serious bodily injury to another person. (2) The offense is committed with a deadly weapon. (3) The offense results in bodily injury to a pregnant woman if the person knew of the pregnancy. (4) The person has a previous conviction for battery against the same victim. (5) The offense results in bodily injury to one (1) or more of the following: (A) A public safety official or certified athletic official while the official is engaged in the official's official duties. (B) A person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age. (C) A person who has a mental or physical disability if the offense is committed by an individual having care of the person with the disability, regardless of whether the care is assumed voluntarily or because of a legal obligation. (D) An endangered adult (as defined in IC 12-10-3-2). (g) (h) The offense described in subsection (b)(2) (c)(2) is a Level 5 felony if: (1) the person knew or recklessly failed to know that the bodily fluid or waste placed on another person was infected with hepatitis, tuberculosis, or human immunodeficiency virus; and (2) the person placed the bodily fluid or waste on a public safety official or certified athletic official. (h) (i) The offense described in subsection (b)(1) (c)(1) or (b)(2) (c)(2) is a Level 4 felony if it results in serious bodily injury to an endangered adult (as defined in IC 12-10-3-2). (i) (j) The offense described in subsection (b)(1) (c)(1) or (b)(2) (c)(2) is a Level 3 felony if it results in serious bodily injury to a person 2015 IN 134—LS 6276/DI 106 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age. (j) (k) The offense described in subsection (b)(1) (c)(1) or (b)(2) (c)(2) is a Level 2 felony if it results in the death of one (1) or more of the following: (1) A person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age. (2) An endangered adult (as defined in IC 12-10-3-2). SECTION 12. IC 35-46-1-13, AS AMENDED BY P.L.153-2011, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 13. (a) A person who: (1) believes or has reason to believe that an endangered adult or person of any age who has a mental or physical disability is the victim of battery, neglect, or exploitation as prohibited by this chapter IC 35-42-2-1(a)(2)(C), or IC 35-42-2-1(a)(2)(E); IC 35-42-2-1; and (2) knowingly fails to report the facts supporting that belief to the division of disability and rehabilitative services, the division of aging, the adult protective services unit designated under IC 12-10-3, or a law enforcement agency having jurisdiction over battery, neglect, or exploitation of an endangered adult; commits a Class B misdemeanor. (b) An officer or employee of the division or adult protective services unit who unlawfully discloses information contained in the records of the division of aging under IC 12-10-3-12 through IC 12-10-3-15 commits a Class C infraction. (c) A law enforcement agency that receives a report that an endangered adult or person of any age who has a mental or physical disability is or may be a victim of battery, neglect, or exploitation as prohibited by this chapter IC 35-42-2-1(a)(2)(C), or IC 35-42-2-1(a)(2)(E) IC 35-42-2-1 shall immediately communicate the report to the adult protective services unit designated under IC 12-10-3. (d) An individual who discharges, demotes, transfers, prepares a negative work performance evaluation, reduces benefits, pay, or work privileges, or takes other action to retaliate against an individual who in good faith makes a report under IC 12-10-3-9 concerning an endangered individual commits a Class A infraction. SECTION 13. IC 35-46-1-14, AS AMENDED BY P.L.2-2005, SECTION 127, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 14. Any person acting in good faith who: 2015 IN 134—LS 6276/DI 106 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (1) makes or causes to be made a report of neglect, battery, or exploitation under this chapter IC 35-42-2-1(a)(2)(C), or IC 35-42-2-1(a)(2)(E); IC 35-42-2-1 concerning an endangered adult or person of any age who has a mental or physical disability; (2) makes or causes to be made photographs or x-rays of a victim of suspected neglect or battery of an endangered adult or a dependent eighteen (18) years of age or older; or (3) participates in any official proceeding or a proceeding resulting from a report of neglect, battery, or exploitation of an endangered adult or a dependent eighteen (18) years of age or older relating to the subject matter of that report; is immune from any civil or criminal liability that might otherwise be imposed because of these actions. However, this section does not apply to a person accused of neglect, battery, or exploitation of an endangered adult or a dependent eighteen (18) years of age or older. 2015 IN 134—LS 6276/DI 106