Other Bills before the Indiana General Assembly, 2016 Session
Prepared by: Lucinda Nord
Phone: 3179211394
E-mail: lucinda.nord@iauw.org
Report created on April 24, 2024
 
HB1028HUMAN TRAFFICKING AND COMMON NUISANCES. (TRUITT R) Repeals certain provision in current law defining the crimes of visiting and maintaining a common nuisance in connection with the unlawful use of: (1) alcohol; (2) legend drugs; and (3) controlled substances. Creates a new statute defining the crimes of visiting and maintaining a common nuisance in connection with: (1) the unlawful use of alcohol; (2) the unlawful use of a legend drug; (3) the unlawful use of controlled substances; and (4) certain human trafficking crimes. Makes visiting a common nuisance where certain human trafficking crimes are being committed a Class A misdemeanor, and makes maintaining a common nuisance where certain human trafficking crimes are being committed a Level 6 felony. Repeals obsolete provisions and makes conforming amendments.
 Current Status:   3/21/2016 - SIGNED BY GOVERNOR
 State Bill Page:   HB1028
 
SB14VARIOUS CRIMINAL LAW MATTERS. (HEAD R) Makes the offense of child exploitation a Level 4 felony instead of a Level 5 felony if the offense involves, depicts, or describes a child less than 18 years of age who: (1) engages in bestiality; (2) is mentally disabled or deficient; (3) participates in the sexual conduct, matter, performance, or incident by use of force or the threat of force; (4) physically or verbally resists participating in the sexual conduct, matter, performance, or incident; (5) receives a bodily injury while participating in the sexual conduct, matter, performance, or incident; or (6) is less than 12 years of age. Makes the offense of possession of child pornography a Level 5 felony instead of a Level 6 felony if the offense involves, depicts, or describes sexual conduct by a child who the defendant knows is less than 18 years of age, or who appears to be less than 18 years of age, who: (1) engages in bestiality; (2) is mentally disabled or deficient; (3) participates in the sexual conduct by use of force or the threat of force; (4) physically or verbally resists participating in the sexual conduct; (5) receives a bodily injury while participating in the sexual conduct; or (6) is less than 12 years of age. Adds the crime of child exploitation to the definition of "crime of violence" for purposes of the law concerning a court's determination whether terms of imprisonment should be served concurrently or consecutively. (A person who commits a "crime of violence" may receive a longer sentence.) Makes conforming amendments. Requires that a performer who provides adult entertainment on a licensed premises to provide proof of age by at least one form of government issued identification instead of two. Specifies that a photograph taken of an adult entertainer who auditions to provide adult entertainment must only show the adult entertainer's facial features. Amends the definition of "violent criminal" for purposes of the law concerning sentencing to include certain Class A felonies and Class B felonies committed before July 1, 2014.
 Current Status:   3/21/2016 - SIGNED BY GOVERNOR
 State Bill Page:   SB14
 
SB17CHILD ABUSE PREVENTION FEE AND DOMESTIC VIOLENCE PREVENTION AND TREATMENT FEE. (HEAD R) Adds the offense of strangulation to the list of offenses requiring payment of the child abuse prevention fee and the domestic violence prevention and treatment fee.
 Current Status:   3/21/2016 - SIGNED BY GOVERNOR
 State Bill Page:   SB17
 
SB26CHILDREN IN NEED OF SERVICES. (STEELE B) Provides that a child is a child in need of services if the child needs care, treatment or rehabilitation and lives in the same household as an adult who: (1) committed certain offenses; or (2) has been charged with certain offenses and is awaiting trial. Makes conforming amendments.
 Current Status:   3/21/2016 - SIGNED BY GOVERNOR
 State Bill Page:   SB26
 
SB80EPHEDRINE AND PSEUDOEPHEDRINE. (HEAD R) Requires the Indiana board of pharmacy (board) to adopt emergency rules that are effective July 1, 2016, concerning: (1) professional determinations made; and (2) a relationship on record with the pharmacy; concerning the sale of ephedrine or pseudoephedrine. Requires the board to: (1) review professional determinations made; and (2) discipline a pharmacist who violates a rule concerning a professional determination made; concerning the sale of ephedrine or pseudoephedrine. Allows the board, in consultation with the state police, to declare a product to be an extraction resistant or a conversion resistant form of ephedrine or pseudoephedrine. Specifies that a person who is denied the sale of a nonprescription product containing pseudoephedrine or ephedrine is not prohibited from obtaining pseudoephedrine or ephedrine pursuant to a prescription. Provides that a pharmacist or pharmacy technician may determine that the purchaser has a relationship on record with the pharmacy, in compliance with rules adopted by the board. Allows a pharmacist to deny the sale of ephedrine or pseudoephedrine on the basis of the pharmacist's professional judgment, and provides the pharmacist with civil immunity for making such a denial. Provides that a purchaser who has a relationship on record with the pharmacy may purchase pseudoephedrine or ephedrine. Allows the pharmacist to provide certain pseudoephedrine or ephedrine products to a purchaser who does not have a relationship on record with the pharmacy or for whom the pharmacist has made a professional judgment that there is not a medical or pharmaceutical need. Adds ephedrine and pseudoephedrine to the definition of "controlled substance" for purposes of the Indiana scheduled prescription electronic collection and tracking (INSPECT) program. Removes an expired provision. Makes technical changes.
 Current Status:   3/21/2016 - SIGNED BY GOVERNOR
 State Bill Page:   SB80
 
SB131DEPARTMENT OF CHILD SERVICES REPORTING. (BRODEN J) Defines "life threatening". Changes the definition of "near fatality", for purposes of the law concerning records relating to a child's death or near fatality, to a severe childhood injury or condition that is certified by a physician as being life threatening. Specifies that documents related to a near fatality are confidential while a police investigation is ongoing. Urges the legislative council to assign to the interim study committee on public health, behavioral health, and human services or another appropriate interim study committee the topics of medical records confidentiality and medical records disclosure in instances of child abuse or neglect.
 Current Status:   3/21/2016 - SIGNED BY GOVERNOR
 State Bill Page:   SB131
 
SB305DEPARTMENT OF CHILD SERVICES MATTERS. (HEAD R) Adds a definition of foster care. Amends the deadline for the department of child services (department) to notify a school corporation that a child in foster care will attend a school to September 1. Adds: (1) human or sexual trafficking offenses; (2) sexual battery against a child; (3) vicarious sexual gratification offenses; (4) child solicitation; (5) patronizing a prostitute; and (6) promoting prostitution; to the list of offenses under which a child victim may be designated as a child in need of services. Expands the statutory definition of "human trafficking" and "sex trafficking" to include: (1) federal definitions of the offenses; and (2) definitions of the offenses from other jurisdictions. Adds a child in need of services designation for a child who: (1) lives in the same household as an adult who committed or is charged with human or sexual trafficking; and (2) needs care, treatment, or rehabilitation that the child is not receiving or is unlikely to be provided without intervention. Creates a rebuttable presumption that a child is a child in need of services if the state establishes that: (1) the child lives in the same household as an adult that has committed or been charged with certain offenses. Permits a finding by a juvenile court that reasonable efforts for reunification are not necessary if a child is a child in need of services: (1) as a result of being a victim of a human or sexual trafficking offense that was committed by a parent, guardian, or custodian and resulted in a conviction; or (2) as a result of the parent, guardian, or custodian being charged with a human or sexual trafficking offense. Removes the requirement that a delinquent child must be removed from the home in order to enter an informal adjustment. Allows any court with jurisdiction over a child in an adoption matter to approve excess payments for costs incurred by the birth mother. Repeals language regarding foster care review boards. Adds missing Interstate Compact on the Placement of Children language. Adds the National Center for Missing and Exploited Children to the entities with which the department may share assessment reports.
 Current Status:   3/21/2016 - SIGNED BY GOVERNOR
 State Bill Page:   SB305
 
This bill list represents other issue bills monitored by the Indiana Association of United Ways (IaUW). Read more about IaUW Policy Priorities at http://www.iauw.org/pubpol/.
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