SB 76

           Second Regular Session of the 124th General Assembly (2026)
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 2025 Regular Session of the General Assembly.
      SENATE ENROLLED ACT No. 76
  AN ACT to amend the Indiana Code concerning state and local
administration.
    Be it enacted by the General Assembly of the State of Indiana:
   SECTION 1. IC 4-6-2-1.5, AS AMENDED BY P.L.55-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1.5. (a) Whenever any state governmental official
or employee, whether elected or appointed, is made a party to a suit,
and the attorney general determines that said suit has arisen out of an
act which such official or employee in good faith believed to be within
the scope of the official's or employee's duties as prescribed by statute
or duly adopted regulation, the attorney general shall defend such
person throughout such action.
   (b) Whenever a teacher (as defined in IC 20-18-2-22) is made a
party to a civil suit, and the attorney general determines that the suit
has arisen out of an act that the teacher in good faith believed was
within the scope of the teacher's duties in enforcing discipline policies
developed under IC 20-33-8-12, the attorney general shall defend the
teacher throughout the action.
   (c) Not later than July 30 of each year, the attorney general, in
consultation with the Indiana education employment relations board
established in IC 20-29-3-1, shall draft and disseminate a letter by
electronic mail to the listed electronic mail address of teachers
providing a summary of the teacher's rights and protections under state
SEA 76 — Concur
                                    2
and federal law, including a teacher's rights and protections relating to
the teacher's performance evaluation under IC 20-28-11.5.
   (d) The department of education, in consultation with the Indiana
education employment relations board, shall develop a method to
provide the attorney general with the names and electronic mail
addresses of active teachers in Indiana in order for the attorney general
to disseminate the letter described in subsection (c). Names and
electronic mail addresses collected and provided to the attorney general
under this subsection are confidential and excepted from public
disclosure as provided in IC 5-14-3-4.
   (e) Whenever a school corporation (as defined in IC 20-26-2-4) is
made a party to a civil suit and the attorney general determines that the
suit has arisen out of an act authorized under IC 20-30-5-0.5 or
IC 20-30-5-4.5, the attorney general shall defend the school corporation
throughout the action.
   (f) Whenever a law enforcement officer (as defined in
IC 5-2-18.2-2), governmental body (as defined in IC 5-2-18.2-1), or
postsecondary educational institution (as defined in
IC 5-2-18.2-2.2) is made a party to a civil suit and the attorney
general determines that the suit has arisen out of an act authorized
or required by IC 5-2-18.2, the attorney general may defend the
law enforcement officer, governmental body, or postsecondary
educational institution throughout the action if:
      (1) the entity has requested representation by the attorney
      general; and
      (2) the actions subject to the suit do not violate federal or state
      law.
   (f) (g) As used in this subsection, "bridge authority" refers to the
New Harmony and Wabash River bridge authority established by
IC 8-16-15.5-2. Whenever:
      (1) the bridge authority;
      (2) a member of the bridge authority;
      (3) an officer of the bridge authority; or
      (4) an employee of the bridge authority;
is made a party to a civil suit and the attorney general determines that
the suit has arisen out of an act or omission of any person described in
subdivision (1), (2), (3), or (4), that is authorized or required under
IC 8-16-15.5 or any other law, the attorney general shall defend that
person throughout the action.
   (g) (h) A determination by the attorney general under subsection (a),
(b), (e), or (f), or (g) shall not be admitted as evidence in the trial of
any such civil action for damages.
SEA 76 — Concur
                                     3
    (h) (i) Nothing in this chapter shall be construed to deprive any such
person of the person's right to select counsel of the person's own choice
at the person's own expense.
    SECTION 2. IC 5-2-18.2-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 0.5. As used in this chapter,
"alien" has the meaning set forth in 8 U.S.C. 1101(a).
    SECTION 3. IC 5-2-18.2-1.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1.7. As used in this chapter,
"immigration detainer request" means a request issued by an
authorized immigration officer to a law enforcement agency to
detain an individual pursuant to 8 CFR 287.7 or any successor
provision or other applicable federal authority.
    SECTION 4. IC 5-2-18.2-3, AS AMENDED BY P.L.265-2017,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. A governmental body or a postsecondary
educational institution may not enact or implement an ordinance, a
resolution, a rule, or a policy, whether written or unwritten, that
prohibits or in any way restricts another governmental body or
employee of a governmental body or postsecondary educational
institution, including a law enforcement officer, a state or local official,
or a state or local government employee, from taking the following
actions with regard to information of the citizenship or immigration
status, lawful or unlawful, of an individual:
      (1) Communicating or cooperating with federal officials.
      (2) Sending to or receiving information from the United States
      Department of Homeland Security.
      (3) Maintaining information.
      (4) Exchanging information with another federal, state, or local
      government entity.
      (5) Gathering information as long as the request for
      information does not conflict with applicable federal or state:
          (A) law; or
          (B) policy.
    SECTION 5. IC 5-2-18.2-4, AS AMENDED BY P.L.265-2017,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. A governmental body or a postsecondary
educational institution may not in any way limit or restrict the
enforcement of federal immigration laws, regardless of whether the
enforcement related activity is carried out by a federal, state, or
local law enforcement agency, to less than the full extent permitted
SEA 76 — Concur
                                  4
by federal law as long as the enforcement actions do not violate
federal or state law.
    SECTION 6. IC 5-2-18.2-5, AS AMENDED BY P.L.76-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) If the attorney general determines that
probable cause exists that a governmental body or a postsecondary
educational institution has violated this chapter, the attorney general
shall bring an action to compel the governmental body or
postsecondary educational institution to comply with this chapter and
to seek the relief authorized under subsection (b).
    (b) In an action brought under subsection (a), the attorney
general may seek to:
      (1) enjoin an act or a practice constituting a violation;
      (2) impose a civil penalty of not more than ten thousand
      dollars ($10,000) for each knowing or intentional violation;
      and
      (3) obtain such other relief as is necessary to ensure future
      compliance with this chapter.
    (c) In an action against a county jail for a violation of section 9
of this chapter, the attorney general shall not impose a civil penalty
if, during the most recent inspection under IC 11-12-4-2, the
department of correction determines that the county jail was in
compliance with standards promulgated by the department of
correction pursuant to IC 11-12-4-1(a)(5).
    (d) Before bringing an action against a county jail for a violation
of section 9 of this chapter, the attorney general shall:
      (1) consult with the department of correction in order to
      obtain the results of the most recent inspection of the county
      jail conducted pursuant to IC 11-12-4-2; and
      (2) provide the county jail with notice of the attorney
      general's probable cause determination.
If, within thirty (30) days of receiving the notice, the county jail
provides to the attorney general evidence that the county jail no
longer engages in acts or practices that violate section 9 of this
chapter, the attorney general may not initiate an action under
subsection (a).
    (e) The attorney general shall transfer all penalties collected
under this chapter to the treasurer of state for deposit in the state
general fund.
    SECTION 7. IC 5-2-18.2-6, AS AMENDED BY P.L.76-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. If a court finds by a preponderance of the
SEA 76 — Concur
                                  5
evidence that a governmental body or postsecondary educational
institution knowingly or intentionally violated this chapter, the court
shall enjoin the violation. violation and grant other relief that is
authorized for a violation under section 5(b) of this chapter.
    SECTION 8. IC 5-2-18.2-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 9. (a) Except as provided in subsection (b), a
governmental body that has custody of an individual who is the
subject of an immigration detainer request shall:
      (1) provide to the judge authorized to grant or deny the
      individual's release on bail under IC 35-33-8-3.2 written
      notice that the individual is subject to an immigration
      detainer request;
      (2) record in the individual's case file that the individual is
      subject to an immigration detainer request;
      (3) comply with all requests made in the immigration detainer
      request; and
      (4) inform the individual that the individual is being held
      pursuant to an immigration detainer request issued by an
      authorized immigration officer.
    (b) An individual who is the subject of an immigration detainer
request may challenge the immigration detainer request by
claiming that:
      (1) the individual has been misidentified and the correct
      subject of the immigration detainer request is not the
      individual; or
      (2) the individual is a citizen of the United States and is not
      subject to removal.
After an individual makes either of these claims, the governmental
body shall contact the authorized immigration officer to determine
whether the individual has been misidentified or is a citizen of the
United States.
    (c) A governmental body or an employee of a governmental
body is not criminally or civilly liable for any action taken in
compliance with an immigration detainer request under this
section as long as the action does not violate federal or state law.
    SECTION 9. IC 5-2-18.2-10 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 10. A judge who receives written notice under section
9 of this chapter that an individual is subject to an immigration
detainer request shall ensure that the notice of the immigration
detainer request is recorded in the court's record, regardless of
SEA 76 — Concur
                                  6
whether the notice was received before or after a judgment in a
case.
   SECTION 10. IC 5-2-18.2-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 11. The department of correction
shall, in consultation with the attorney general, identify options for
training concerning:
      (1) cooperation between county jails and the United States
      Immigration and Customs Enforcement; and
      (2) procedures for the implementation of section 9 of this
      chapter.
   SECTION 11. IC 11-8-11 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
   Chapter 11. Miami Correctional Facility Reporting
Requirements
   Sec. 1. For purposes of this chapter, "2025 agreement" refers to
the intergovernmental service 2025 agreement between ICE and
the Miami correctional facility that commences on September 30,
2025, and terminates on September 29, 2027.
   Sec. 2. For purposes of this chapter, "ICE" means the United
States Department of Homeland Security, Immigration and
Customs Enforcement.
   Sec. 3. For purposes of this chapter, "Miami correctional
facility" means the state correctional facility located in Miami
County.
   Sec. 4. Before March 15, 2026, the department shall submit to
the state budget committee a status update report describing the
following:
      (1) The amount of money received after September 29, 2025,
      and before March 1, 2026, by the state from ICE under the
      2025 agreement related to Section 287(g) of the Immigration
      and Nationality Act (8 U.S.C. 1357(g)) with regard to the
      Miami correctional facility or any other state facility covered
      under the 2025 agreement.
      (2) The amount of money expended after September 29, 2025,
      and before March 1, 2026, by the department or any other
      unit of state government on costs related to the housing and
      transportation of individuals, or other similar services, as
      described in the 2025 agreement.
      (3) Any amendments or modifications to the 2025 agreement
      that occurred after September 29, 2025, and before March 1,
SEA 76 — Concur
                                   7
      2026.
    Sec. 5. Before April 15, 2026, and before the fifteenth day of
each month thereafter through the termination of the 2025
agreement, the department shall submit to the state budget
committee a status update report describing the following:
      (1) The amount of money received during the previous month
      by the state from ICE under the 2025 agreement related to
      Section 287(g) of the Immigration and Nationality Act (8
      U.S.C. 1357(g)) with regard to the Miami correctional facility
      or any other state facility covered under the 2025 agreement.
      (2) The amount of money expended during the previous
      month by the department or any other unit of state
      government on costs related to the housing and transportation
      of individuals, or other similar services, as described in the
      2025 agreement.
      (3) Any amendments or modifications to the 2025 agreement
      that occurred during the previous month.
    Sec. 6. This chapter expires December 31, 2027.
    SECTION 12. IC 11-12-4-1, AS AMENDED BY P.L.56-2023,
SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) The department shall adopt under IC 4-22-2
minimum standards for county jails governing the following:
      (1) General physical and environmental conditions.
      (2) Services and programs to be provided to confined persons.
      (3) Procedures for the care and control of confined persons that
      are necessary to ensure the health and safety of confined persons,
      the security of the jail, and public safety. and
      (4) The restraint of pregnant inmates. Rules adopted under this
      subdivision must be consistent with IC 11-10-3.5.
      (5) Procedures concerning proper cooperation between the
      jail and the United States Immigration and Customs
      Enforcement, including compliance with the requirements of
      IC 5-2-18.2-9.
However, the department may not adopt any standard that prohibits the
placement of more than one (1) prisoner in a prisoner cell that has
thirty-five (35) square feet or more of floor space per prisoner.
    (b) The standards must be sufficiently flexible to foster the
development of new and improved practices and to accommodate local
needs and circumstances. The standards must be consistent with the
laws of Indiana and the rules of the Indiana department of health and
the fire prevention and building safety commission.
    (c) The commissioner shall select a committee of not less than five
SEA 76 — Concur
                                    8
(5) county sheriffs to consult with the department before and during the
drafting of the proposed minimum standards. County sheriffs shall be
selected from the various classes of counties to ensure that densely,
moderately, and sparsely populated counties are represented. Each
county sheriff is entitled to the minimum salary per diem as provided
in IC 4-10-11-2.1 for each day engaged in the official business of the
committee and to reimbursement for traveling and other expenses, as
provided in the state travel policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
    (d) At least sixty (60) days before setting the date for a public
hearing under IC 4-22-2, the department shall forward copies of the
proposed minimum standards to each county sheriff and sheriff, each
board of county commissioners, and the attorney general and shall
solicit their views and suggestions.
    (e) Compliance with standards described in subsection (a)(5)
and the results of inspections performed pursuant to IC 11-12-4
concerning compliance with such standards do not preclude and
are not a defense to the attorney general bringing an action under
IC 5-2-18.2 for violations of IC 5-2-18.2-9.
    SECTION 13. IC 11-12-4-2, AS AMENDED BY P.L.84-2016,
SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) The department shall inspect each county
jail at least one (1) time each year to determine whether it is complying
with the standards adopted under section 1 of this chapter.
    (b) If the department determines that a jail is not complying with the
standards, standards described in section 1(a)(1) through 1(a)(4) of
this chapter, the commissioner shall give written notice of this
determination to the county sheriff, the board of county commissioners,
the prosecuting attorney, the circuit court, superior court, or probate
court, and all courts having criminal or juvenile jurisdiction in that
county. This notice must specify which standards are not being met and
state the commissioner's recommendations regarding compliance.
    (c) If the department determines that a jail is not complying
with standards described in section 1(a)(5) of this chapter, the
commissioner shall give written notice of this determination to the
county sheriff and the attorney general.
    (b) (d) If after six (6) months from the date of the written notice
issued under subsection (b), the department determines that the
county is not making a good faith effort toward compliance with the
standards specified in the notice, the commissioner may:
       (1) petition the circuit court, superior court, or probate court for
SEA 76 — Concur
                                   9
      an injunction prohibiting the confinement of persons in all or any
      part of the jail, or otherwise restricting the use of the jail; or
      (2) recommend, in writing, to the prosecuting attorney and each
      court with criminal or juvenile jurisdiction that a grand jury be
      convened to tour and examine the county jail under
      IC 35-34-2-11.
   (c) (e) Upon receipt of notice by the commissioner under
subsection (b) that the jail does not comply with standards adopted
under section 1 of this chapter, the sheriff may bring an action in the
circuit court, superior court, or probate court against the board of
county commissioners or county council for appropriate mandatory or
injunctive relief.
   SECTION 14. IC 12-8-1.5-21 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 21. (a) Not later than October 31
of each year, the office of the secretary shall submit a report to the
legislative council, in an electronic format under IC 5-14-6, that
provides for the previous fiscal year:
      (1) the number of individuals in Indiana who:
         (A) are not citizens of the United States; and
         (B) are enrolled in or receiving benefits under:
            (i) IC 12-10-6;
            (ii) IC 12-13;
            (iii) IC 12-14;
            (iv) IC 12-15; or
            (v) IC 12-19; and
      (2) the total dollar amount spent by the state of Indiana in the
      previous fiscal year for the individuals identified in
      subdivision (1).
   (b) The data described in subsection (a) does not include
individually identifiable health information as defined in 42 U.S.C.
1320d(6).
   SECTION 15. IC 16-21-6-6, AS AMENDED BY P.L.156-2011,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2027]: Sec. 6. In addition to the report filed under
section 3 of this chapter, each hospital shall, not more than one
hundred twenty (120) days after the end of each calendar quarter, file
with the state department, or the state department's designated
contractor, inpatient and outpatient discharge information at the patient
level, in a format prescribed by the state health commissioner,
including the following:
      (1) The patient's:
SEA 76 — Concur
                                 10
         (A) length of stay;
         (B) diagnoses and surgical procedures performed during the
         patient's stay;
         (C) date of:
            (i) admission;
            (ii) discharge; and
            (iii) birth;
         (D) type of admission;
         (E) admission source;
         (F) gender;
         (G) race;
         (H) discharge disposition; and
         (I) payor, including:
            (i) Medicare;
            (ii) Medicaid;
            (iii) a local government program;
            (iv) commercial insurance;
            (v) self-pay; and
            (vi) charity care.
      (2) The total charge for the patient's stay.
      (3) The ZIP code of the patient's residence.
      (4) Beginning October 1, 2013, all diagnosed external causes of
      injury codes.
      (5) Beginning January 1, 2027, in cases where Medicaid is the
      patient's payor, the form of identification, if any, used by the
      patient when the patient was admitted, including whether the
      patient used an Indiana driver's license or identification card,
      a temporary Indiana driver's license or identification card, a
      driver's license or identification card issued by another state,
      a form of identification issued by a foreign government, or no
      identification.
   SECTION 16. IC 22-5-9 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]:
   Chapter 9. Employment of Unauthorized Aliens
   Sec. 1. As used in this chapter, "agency" means any state or
local administration, agency, authority, board, bureau,
commission, committee, council, department, division, institution,
office, service, or other similar body of government created or
established by law that issues any form of operating authorization
that is used to engage in commerce in Indiana or in a county, city,
town, or township located in Indiana.
SEA 76 — Concur
                                  11
     Sec. 2. As used in this chapter, "employ" means to engage the
services or labor of an individual for wages or other remuneration,
including to suffer or permit to work.
     Sec. 3. As used in this chapter, "employee" means an individual
who is employed by an employer, including an individual who is
suffered or permitted to work.
     Sec. 4. As used in this chapter, "employer" means a person,
including an agent, that employs employees in Indiana.
     Sec. 5. As used in this chapter, "operating authorization" means
a license, permit, certificate, approval, registration, charter, article
of incorporation, or other form of authorization that is:
       (1) issued by an agency; and
       (2) used by a person to engage in commerce in Indiana or in
       a county, city, town, or township located in Indiana.
     Sec. 6. As used in this chapter, "unauthorized alien" has the
meaning set forth in 8 U.S.C. 1324a(h)(3).
     Sec. 7. (a) This subsection does not apply to the hiring,
recruitment, or employment of an unauthorized alien that
occurred before July 1, 2026. Except as provided in subsection (c),
it is unlawful for an employer to knowingly or intentionally recruit,
hire, or continue to employ an unauthorized alien in Indiana.
     (b) For purposes of this chapter, "reasonable diligence to
confirm the work eligibility of an individual" includes:
       (1) utilizing an electronic verification of work authorization
       program operated by the United States Department of
       Homeland Security to verify the work eligibility of an
       employee, except where the circumstances under which the
       verification was made would have put a reasonable person on
       notice that the verification was unreliable or of limited
       reliability; or
       (2) engaging in diligence to confirm work eligibility of an
       individual in a manner that is consistent with industry
       standard best practices.
     (c) An employer is not in violation of subsection (a) if the
employer engaged in reasonable diligence to confirm the work
eligibility of an individual before recruiting, hiring, or continuing
to employ the individual.
     Sec. 8. (a) If the attorney general determines that probable
cause exists that an employer has violated section 7 of this chapter
at any point in the preceding three (3) year period or has violated
the terms of its probationary status under section 9(c) of this
chapter, the attorney general is, except as provided in subsection
SEA 76 — Concur
                                 12
(b), authorized to bring an action against the employer to enjoin
the violation and for other relief authorized by section 9 of this
chapter.
   (b) In the case of an employer that has never previously been
found under section 9 of this chapter to have committed a violation
of section 7 of this chapter and has never previously submitted to
the attorney general an affidavit under subsection (c), the attorney
general shall provide the employer notice of the attorney general's
probable cause determination before the attorney general initiates
an action under subsection (a). If, within fifteen (15) business days
of receiving the attorney general's notice, the employer either:
      (1) provides evidence to the attorney general that the
      employer has engaged in reasonable diligence to confirm the
      work eligibility of the employer's employees and that the
      employer has not committed a violation of section 7 of this
      chapter; or
      (2) submits to the attorney general an affidavit under
      subsection (c);
the attorney general may not initiate an action under subsection
(a).
   (c) An employer described in subsection (b) that receives notice
of the attorney general's probable cause determination under
subsection (b) may, within fifteen (15) business days of receiving
the notice, submit to the attorney general an affidavit signed by an
authorized representative attesting that the employer has
terminated the employment of any and all unauthorized aliens,
engaged in reasonable diligence to confirm the work eligibility of
all of its employees, and will not knowingly employ any
unauthorized aliens in the future.
   Sec. 9. (a) If a court determines by a preponderance of the
evidence that an employer has violated section 7 of this chapter, the
court shall enjoin the violation and shall order the relief provided
in subsection (b) or (c), or both, as the court determines
appropriate.
   (b) A court may order the following for violations of this
chapter:
      (1) In the case of a single violation by an employer that has
      never previously been determined to be in violation of section
      7 of this chapter, the court may order the suspension of all of
      the employer's operating authorization at the location of the
      violation for five (5) business days.
      (2) In the case of more than one (1) violation by an employer
SEA 76 — Concur
                                 13
     that has never previously been determined to be in violation
     of section 7 of this chapter, the court may order the
     suspension of all of the employer's operating authorizations
     at the location or locations where the violations occurred for
     a period of ten (10) business days.
     (3) In the case of one (1) or more violations by an employer
     that has previously been determined to be in violation of
     section 7 of this chapter, the court may order the suspension
     of all of the employer's operating authorizations at the
     location or locations where the violation or violations
     occurred for a period of one hundred eighty (180) days.
     (4) In the case of one (1) or more violations by an employer
     previously subject to the penalty provided in subdivision (3),
     the court may order the permanent revocation of all of the
     employer's operating authorizations at the location or
     locations where the violation or violations occurred.
     (5) In the case of an employer that:
         (A) willfully violated section 7 of this chapter;
         (B) committed previous or current violations at three (3) or
         more locations at which the employer engages or
         previously engaged in commerce; and
         (C) has previously been subject to the penalty provided in
         subdivision (4);
     the court may order the permanent revocation of all of the
     employer's operating authorizations in Indiana.
   (c) A court may place an employer on probationary status for
a period of between six (6) months to two (2) years. During the
probationary period, the employer shall file with the attorney
general quarterly reports describing the employer's hiring
practices and efforts to comply with section 7 of this chapter and
containing the work eligibility documentation for the employer's
employees. Each report must be accompanied by an affidavit
attesting to the report's accuracy.
   (d) If a court determines that an employer has violated the
terms of its probationary status under subsection (c), the court
shall order the applicable relief provided in subsection (b).
   (e) If an employer does not hold an operating authorization
specific to the location at which a violation occurred, but uses other
operating authorizations at other locations, the court shall, in
ordering the relief provided under subsection (b), suspend or
revoke those other operating authorizations.
   Sec. 10. An employer may not discharge or discriminate against
SEA 76 — Concur
                                   14
an employee because the employee communicated or cooperated
with the attorney general concerning compliance with this chapter.
    Sec. 11. The suspension or revocation of a license under this
chapter does not relieve an employer from the employer's
obligations to withhold, collect, or pay income tax on wages paid to
employees.
    Sec. 12. This chapter shall be enforced without regard to race,
color, or national origin.
    SECTION 17. IC 32-30-7-1, AS AMENDED BY P.L.144-2018,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. As used in this chapter, "indecent nuisance"
means a:
      (1) place in or upon which prostitution (as described in
      IC 35-45-4);
      (2) public place in or upon which other sexual conduct (as defined
      in IC 35-31.5-2-221.5) or sexual intercourse (as defined in
      IC 35-31.5-2-302);
      (3) public place in or upon which the fondling of the genitals of
      a person; or
      (4) public place in or upon which human trafficking (as described
      in IC 35-42-3.5-1 through IC 35-42-3.5-1.4);
is conducted, permitted, continued, or exists, and the personal property
and contents used in conducting and maintaining the place for such a
purpose.
    SECTION 18. IC 32-30-7-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 7. (a) If an indecent
nuisance exists, a prosecuting official or any resident of the county in
which the indecent nuisance exists may bring an action to abate the
indecent nuisance and to perpetually enjoin the maintenance of the
indecent nuisance.
    (b) If a person other than a prosecuting official institutes an action
under this chapter, the complainant shall execute a bond to the person
against whom complaint is made, with good and sufficient surety to be
approved by the court or clerk in a sum of at least one thousand dollars
($1,000) to secure to the party enjoined the damages the party may
sustain if:
      (1) the action is wrongfully brought;
      (2) the action is not prosecuted to final judgment;
      (3) the action is dismissed;
      (4) the action is not maintained; or
      (5) it is finally decided that the injunction ought not to have been
      granted.
SEA 76 — Concur
                                    15
The party aggrieved by the issuance of the injunction has recourse
against the bond for all damages suffered, including damages to the
aggrieved party's property, person, or character and including
reasonable attorney's fees incurred in defending the action.
    (c) A person who institutes an action and executes a bond may
recover the bond and reasonable attorney's fees incurred in trying the
action if the existence of an indecent nuisance is admitted or
established in an action as provided in this chapter.
    (d) If a prosecuting official institutes an action under this chapter (or
IC 34-1-52.5 or IC 34-19-2 before their repeal) and the existence of an
indecent nuisance is admitted or established in the action, the
governmental entity that employs the prosecuting official is entitled to
all investigative costs, court costs, and reasonable attorney's fees
incurred by the entity in instituting the action. The fees shall be
deposited in:
      (1) the state general fund, if the action is instituted by the attorney
      general;
      (2) the operating budget of the office of the prosecuting attorney,
      if the action is instituted by a prosecuting attorney;
      (3) the operating budget of the office of the corporation counsel
      or city attorney, if the action is instituted by a corporation counsel
      or city attorney; or
      (4) the county general fund, if the action is instituted by an
      attorney representing the county.
    SECTION 19. IC 34-30-2.1-32.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 32.5. IC 5-2-18.2-9 (Concerning
federal immigration detention orders).
    SECTION 20. An emergency is declared for this act.
SEA 76 — Concur
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date:  Time:
SEA 76 — Concur