HB 1310

                                                               Introduced Version
            HOUSE BILL No. 1310
                  _____
               DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-27.8; IC 12-18; IC 35-33-1-1.5.
Synopsis: Domestic violence investigations. Requires a law
enforcement officer to administer a lethality assessment for domestic
violence incidents. Requires data to be transmitted to a local domestic
violence fatality review team and the statewide domestic violence
fatality review committee. Provides that a law enforcement officer
responding to the scene of an alleged crime involving domestic or
family violence shall use all reasonable means to prevent further
violence, including administering a lethality assessment. Provides that
all statements communicated in a lethality assessment are not
admissible as evidence against the victim in any judicial proceeding
and not discoverable in any litigation. Provides that the statewide
domestic violence fatality review committee shall collect and analyze
data concerning domestic violence lethality assessments. Makes
conforming changes.
Effective: July 1, 2026.
                               Bauer M
January 6, 2026, read first time and referred to Committee on Veterans Affairs and Public
Safety.
2026  IN 1310—LS 6959/DI 151
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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                   HOUSE BILL No. 1310
    A BILL FOR AN ACT to amend the Indiana Code concerning state
 and local administration.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 5-2-27.8 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]:
4    Chapter 27.8. Domestic Violence Lethality Assessments
5    Sec. 1. As used in this chapter, "domestic violence incident"
6 means:
7      (1) domestic battery (as defined in IC 35-42-2-1.3);
8      (2) a crime of domestic violence (as defined in
9      IC 35-31.5-2-78); or
10      (3) another incident where a person has injured or has
11      threatened to injure a family or household member.
12    Sec. 2. As used in this chapter, "law enforcement agency" has
13 the meaning set forth in IC 5-2-17-2.
14    Sec. 3. As used in this chapter, "law enforcement officer" has
15 the meaning set forth in IC 5-2-1-2.
16    Sec. 4. As used in this chapter, "lethality assessment" means an
17 assessment that:
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1(1) evaluates the likelihood of serious bodily injury or death;
2and
3(2) has been approved by the Domestic Violence Resource for
4Increasing Safety and Connection.
5     Sec. 5. When a law enforcement officer:
6(1) responds to a domestic violence incident; or
7(2) has probable cause to believe a domestic violence incident
8has occurred;
9 the law enforcement officer shall administer a lethality assessment
10 to an apparent victim.
11     Sec. 6. (a) The law enforcement officer shall:
12(1) file the lethality assessment with the law enforcement
13agency; and
14(2) if necessary, immediately connect the apparent victim to
15victim advocacy services.
16     (b) Upon receipt of the lethality assessment, the law enforcement
17 agency shall report the information to the following:
18(1) The jurisdiction of the law enforcement agency.
19(2) A local domestic violence fatality review team established
20under IC 12-18-8-5.
21(3) The statewide domestic violence fatality review committee
22established under IC 12-18-9-3.
23     Sec. 7. All statements communicated in a lethality assessment
24 are:
25(1) not admissible as evidence against the victim in any
26judicial proceeding; and
27(2) not discoverable in any litigation.
28     SECTION 2. IC 12-18-8-14 IS AMENDED TO READ AS
29 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 14. The coalition shall
30 collect and document information surrounding the deaths reviewed by
31 a local domestic violence fatality review team and domestic violence
32 lethality assessments. The coalition shall develop a data collection
33 form that includes the following:
34(1) Identifying and nonidentifying information.
35(2) Information regarding the circumstances surrounding a death.
36(3) Factors contributing to a death.
37(4) Findings and recommendations.
38     SECTION 3. IC 12-18-9-6, AS ADDED BY P.L.258-2017,
39 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2026]: Sec. 6. The statewide domestic violence fatality review
41 committee shall do the following:
42(1) Compile and analyze data recorded by local domestic violence
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1fatality review teams in reviewing domestic violence fatalities.
2(2) Review mortality records and examine all other records
3relevant to domestic violence fatalities in Indiana.
4(3) Assist efforts by local domestic violence fatality review teams
5by:
6(A) overseeing the creation of standardized forms and
7protocols necessary for the review of domestic violence
8deaths;
9(B) providing expertise by answering questions related to a
10domestic violence death that a local domestic violence fatality
11review team is reviewing;
12(C) establishing and sponsoring training programs for
13members of local domestic violence fatality review teams; and
14(D) providing, upon request of a local domestic violence
15fatality review team, expertise in creating local prevention
16strategies.
17(4) Upon request by a local domestic violence fatality review
18team, assist in or conduct a review of the death or near fatality of
19a possible domestic violence victim as provided under section 7
20of this chapter.
21(5) In the absence of a county or regional domestic violence
22fatality review team established under IC 12-18-8, conduct a
23review of the death or near fatality of a possible domestic violence
24victim as provided under section 7 of this chapter.
25(6) Create strategies and make recommendations for the
26prevention of serious injuries or deaths from domestic violence.
27(7) Collect and analyze data concerning domestic violence
28lethality assessments.
29    SECTION 4. IC 35-33-1-1.5 IS AMENDED TO READ AS
30 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1.5. (a) A law
31 enforcement officer responding to the scene of an alleged crime
32 involving domestic or family violence shall use all reasonable means
33 to prevent further violence, including the following:
34(1) Transporting or obtaining transportation for the alleged victim
35and each child to a designated safe place to meet with a domestic
36violence counselor, local family member, or friend.
37(2) Assisting the alleged victim in removing toiletries,
38medication, and necessary clothing.
39(3) Giving the alleged victim immediate and written notice of the
40rights under IC 35-40.
41(4) Administering a lethality assessment under IC 5-2-27.8.
42    (b) A law enforcement officer may confiscate and remove a firearm,
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1 ammunition, or a deadly weapon from the scene if the law enforcement
2 officer has:
3      (1) probable cause to believe that a crime involving domestic or
4      family violence has occurred;
5      (2) a reasonable belief that the firearm, ammunition, or deadly
6      weapon:
7(A) exposes the victim to an immediate risk of serious bodily
8injury; or
9(B) was an instrumentality of the crime involving domestic or
10family violence; and
11      (3) observed the firearm, ammunition, or deadly weapon at the
12      scene during the response.
13    (c) If a firearm, ammunition, or a deadly weapon is removed from
14 the scene under subsection (b), the law enforcement officer shall
15 provide for the safe storage of the firearm, ammunition, or deadly
16 weapon during the pendency of a proceeding related to the alleged act
17 of domestic or family violence.
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