HB 1303

           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.
    HOUSE ENROLLED ACT No. 1303
   AN ACT to amend the Indiana Code concerning criminal law and
procedure.
    Be it enacted by the General Assembly of the State of Indiana:
    SECTION 1. IC 4-13-2-14.7, AS AMENDED BY P.L.13-2016,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 14.7. A person employed, appointed, or under
contract with a state agency, who works with or around children, shall
be dismissed (after the appropriate pre-deprivation procedure has
occurred) if that person is, or has ever been, convicted of any of the
following:
     (1) Rape (IC 35-42-4-1), if the victim is less than eighteen (18)
     years of age.
     (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal), if
     the victim is less than eighteen (18) years of age.
     (3) Child molesting (IC 35-42-4-3).
     (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
     (IC 35-42-4-4).
     (5) Vicarious sexual gratification (IC 35-42-4-5).
     (6) Child solicitation (IC 35-42-4-6).
     (7) Child seduction (IC 35-42-4-7).
     (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A
     or Class B felony (for a crime committed before July 1, 2014) or
     a Level 1, Level 2, or Level 4 felony (for a crime committed after
     June 30, 2014).
     (9) Incest (IC 35-46-1-3), if the victim is less than eighteen (18)
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      years of age.
   SECTION 2. IC 10-13-3-27, AS AMENDED BY P.L.218-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 27. (a) Except as provided in subsection (b), on
request, a law enforcement agency shall release a limited criminal
history to or allow inspection of a limited criminal history by
noncriminal justice organizations or individuals only if the subject of
the request:
      (1) has applied for employment with a noncriminal justice
      organization or individual;
      (2) has:
          (A) applied for a license or is maintaining a license; and
          (B) provided criminal history data as required by law to be
          provided in connection with the license;
      (3) is a candidate for public office or a public official;
      (4) is in the process of being apprehended by a law enforcement
      agency;
      (5) is placed under arrest for the alleged commission of a crime;
      (6) has charged that the subject's rights have been abused
      repeatedly by criminal justice agencies;
      (7) is the subject of a judicial decision or determination with
      respect to the setting of bond, plea bargaining, sentencing, or
      probation;
      (8) has volunteered services that involve contact with, care of, or
      supervision over a child who is being placed, matched, or
      monitored by a social services agency or a nonprofit corporation;
      (9) is currently residing in a location designated by the
      department of child services (established by IC 31-25-1-1) or by
      a juvenile court as the out-of-home placement for a child at the
      time the child will reside in the location;
      (10) has volunteered services at a public school (as defined in
      IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12)
      that involve contact with, care of, or supervision over a student
      enrolled in the school;
      (11) is being investigated for welfare fraud by an investigator of
      the division of family resources or a county office of the division
      of family resources;
      (12) is being sought by the parent locator service of the child
      support bureau of the department of child services;
      (13) is or was required to register as a sex or violent offender
      under IC 11-8-8;
      (14) has been convicted of any of the following:
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          (A) Rape (IC 35-42-4-1), if the victim is less than eighteen
          (18) years of age.
          (B) Criminal deviate conduct (IC 35-42-4-2) (repealed), if the
          victim is less than eighteen (18) years of age.
          (C) Child molesting (IC 35-42-4-3).
          (D) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
          (IC 35-42-4-4).
          (E) Possession of child sex abuse material (IC 35-42-4-4(d) or
          IC 35-42-4-4(e)) (before July 1, 2026), or a child sex abuse
          material offense described in IC 35-42-4-4.5 (after June 30,
          2026).
          (F) Vicarious sexual gratification (IC 35-42-4-5).
          (G) Child solicitation (IC 35-42-4-6).
          (H) Child seduction (IC 35-42-4-7).
          (I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
          (J) Incest (IC 35-46-1-3), if the victim is less than eighteen
          (18) years of age;
      (15) is identified as a possible perpetrator of child abuse or
      neglect in an assessment conducted by the department of child
      services under IC 31-33-8; or
      (16) is:
          (A) a parent, guardian, or custodian of a child; or
          (B) an individual who is at least eighteen (18) years of age and
          resides in the home of the parent, guardian, or custodian;
      with whom the department of child services or a county probation
      department has a case plan, dispositional decree, or permanency
      plan approved under IC 31-34 or IC 31-37 that provides for
      reunification following an out-of-home placement.
However, limited criminal history information obtained from the
National Crime Information Center may not be released under this
section except to the extent permitted by the Attorney General of the
United States.
    (b) A law enforcement agency shall allow inspection of a limited
criminal history by and release a limited criminal history to the
following noncriminal justice organizations:
      (1) Federally chartered or insured banking institutions.
      (2) Officials of state and local government for any of the
      following purposes:
          (A) Employment with a state or local governmental entity.
          (B) Licensing.
      (3) Segments of the securities industry identified under 15 U.S.C.
      78q(f)(2).
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    (c) Any person who knowingly or intentionally uses limited criminal
history for any purpose not specified under this section commits a
Class C infraction. However, the violation is a Class A misdemeanor
if the person has a prior unrelated adjudication or conviction for a
violation of this section within the previous five (5) years.
    SECTION 3. IC 10-13-5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. As used in this
chapter, "missing child" means a person less than eighteen (18) years
of age who:
      (1) is, or is believed to be:
         (A) a temporary or permanent resident of Indiana;
         (B) at a location that cannot be determined by the person's
         parent or legal custodian; and
         (C) reported missing to a law enforcement agency; or
      (2) is, or is believed to be:
         (A) a temporary or permanent resident of Indiana; and
         (B) a victim of the offense of criminal confinement
         (IC 35-42-3-3) or interference with custody (IC 35-42-3-4); or
      (3) is, or is believed to be, a high risk missing person (as
      defined by IC 5-2-17-1).
    SECTION 4. IC 10-13-5-4.6, AS AMENDED BY P.L.115-2018,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4.6. As used in this chapter, "silver alert
program" means a program under which the clearinghouse transmits
information about missing children, missing endangered adults, or
missing endangered children to broadcasters who:
      (1) have agreed to participate in the program; and
      (2) immediately and repeatedly broadcast the information to the
      general public.
    SECTION 5. IC 10-13-5-8, AS AMENDED BY P.L.40-2024,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) The clearinghouse shall operate an
Amber alert program, a green alert program, and a silver alert program.
    (b) Upon the establishment of the Amber alert program, the green
alert program, and the silver alert program, the clearinghouse may enter
into an agreement with one (1) or more broadcasters to operate the
Amber alert program, the green alert program, and the silver alert
program under this chapter.
    (c) The superintendent shall designate staff responsible for the
operation of the Amber alert program, the green alert program, and the
silver alert program.
    (d) The department shall adopt guidelines governing the
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clearinghouse's operation of the Amber alert program, the green alert
program, and the silver alert program. The department's guidelines may
require that staff, upon receiving a report of a missing child or that a
child has been abducted, or an endangered child, veteran at risk, or
endangered adult is missing, immediately send electronically or by
other means of communication a description of the missing child,
abducted child or missing endangered child, missing veteran at risk, or
missing endangered adult to one (1) or more broadcasters participating
in the Amber alert program, the green alert program, or the silver alert
program. The guidelines must include criteria that the clearinghouse
shall use in determining whether to issue a silver alert or green alert
and the geographic area or region in which to issue the silver alert or
green alert.
    (e) A broadcaster participating in the Amber alert program, the
green alert program, or the silver alert program shall immediately
broadcast:
       (1) a description of the missing or abducted child, missing
       endangered child, missing veteran at risk, or missing endangered
       adult; and
       (2) other information that will assist in locating the missing or
       abducted child, missing endangered child, missing veteran at risk,
       or missing endangered adult;
to the general public in accordance with the Amber alert plan
agreement, green alert plan agreement, or silver alert plan agreement
between the clearinghouse and the broadcaster.
    (f) The department shall adopt guidelines governing the voluntary
Amber alert program agreement, voluntary green alert program
agreement, or voluntary silver alert program agreement between the
clearinghouse and a broadcaster. The voluntary agreements between
the clearinghouse and the broadcaster may include the following
provisions:
       (1) Upon receiving a notification as part of the Amber alert
       program, green alert program, or silver alert program, the
       broadcaster shall broadcast the information contained on the
       notice on an intermittent basis for a period of time as provided in
       the agreements between the clearinghouse and the broadcaster.
       (2) The broadcaster shall treat the Amber alert notification, green
       alert notification, or silver alert notification as an emergency.
       (3) The broadcaster shall ensure that the form of communication
       used to receive an Amber alert notification, a green alert
       notification, or a silver alert notification is:
          (A) generally available to receive an Amber alert notification,
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         a green alert notification, or a silver alert notification; and
         (B) located such that the broadcaster will immediately become
         aware of an incoming Amber alert notification, green alert
         notification, or silver alert notification.
    SECTION 6. IC 10-13-5-8.1, AS AMENDED BY P.L.40-2024,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8.1. (a) In addition to an agreement with a
broadcaster under section 8 of this chapter, the clearinghouse may enter
into an agreement with one (1) or more electronic billboard operators
to display Amber alerts, green alerts, or silver alerts under this section.
An agreement under this section may include a limitation on the days
and times that the electronic billboard operator is required to have staff
present to receive an Amber alert, a green alert, or a silver alert
notification.
    (b) The department's guidelines adopted under section 8 of this
chapter may require staff, upon receiving a report of a missing child
or that a child has been abducted, an endangered child is missing, a
veteran at risk is missing, or an endangered adult is missing, to
immediately send electronically or by other means of communication
a description of the missing or abducted child, missing endangered
child, missing veteran at risk, or missing endangered adult to one (1)
or more electronic billboard operators participating in the Amber alert
program, green alert program, or silver alert program if the Amber
alert, green alert, or silver alert occurs during a period when the
electronic billboard operator has agreed to have staff present to receive
an Amber alert notification, a green alert notification, or a silver alert
notification.
    (c) An electronic billboard operator participating in the Amber alert
program, green alert program, or silver alert program shall immediately
display:
      (1) a description of the missing or abducted child, missing
      endangered child, missing veteran at risk, or missing endangered
      adult; and
      (2) other information that will assist in locating the missing or
      abducted child, missing endangered child, missing veteran at risk,
      or missing endangered adult;
to the general public in accordance with the Amber alert plan
agreement, green alert plan agreement, or silver alert plan agreement
between the clearinghouse and the electronic billboard operator.
    (d) The department shall adopt guidelines governing the voluntary
Amber alert program agreement, voluntary green alert program
agreement, or voluntary silver alert program agreement between the
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clearinghouse and an electronic billboard operator. The voluntary
agreements between the clearinghouse and the electronic billboard
operator may include the following provisions:
      (1) Upon receiving a notification as part of the Amber alert
      program, the green alert program, or the silver alert program, the
      electronic billboard operator shall display the information
      contained in the notice on an intermittent basis for a period of
      time as provided in the agreements between the clearinghouse and
      the electronic billboard operator.
      (2) The electronic billboard operator shall treat the Amber alert
      notification, the green alert notification, or the silver alert
      notification as an emergency.
      (3) The electronic billboard operator shall ensure that the form of
      communication used to receive an Amber alert notification, a
      green alert notification, or a silver alert notification is:
          (A) generally available to receive an Amber alert notification,
          a green alert notification, or a silver alert notification; and
          (B) located such that the electronic billboard operator will
          immediately become aware of an incoming Amber alert
          notification, a green alert notification, or a silver alert
          notification received during days and times when staff is
          present to receive an Amber alert notification, a green alert
          notification, or a silver alert notification.
    SECTION 7. IC 10-13-5-8.5, AS AMENDED BY P.L.40-2024,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8.5. (a) A broadcaster or electronic billboard
operator that has agreed to participate in the Amber alert program,
green alert program, or silver alert program and that:
      (1) receives an Amber alert notification, a green alert notification,
      or a silver alert notification from the department; and
      (2) broadcasts or displays:
          (A) a description of the missing or abducted child, missing
          endangered child, missing veteran at risk, or missing
          endangered adult contained in the notification; and
          (B) other information contained in the notification that will
          assist in locating the child, missing veteran at risk, or missing
          endangered adult;
is immune from civil liability based on the broadcast or display of the
information received from the department.
    (b) If:
      (1) a person enters into an agreement with the department to
      establish or maintain an Amber alert website, a green alert
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     website, or a silver alert website; and
     (2) the agreement provides that only the department has the
     ability to place information on the website;
the person is immune from civil liability for the information placed on
the website by the department. However, this subsection does not affect
the applicability of IC 34-13-3 to the department.
   SECTION 8. IC 11-8-8-4.5, AS AMENDED BY P.L.218-2025,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4.5. (a) Except as provided in section 22 of this
chapter, as used in this chapter, "sex offender" means a person
convicted of any of the following offenses:
     (1) Rape (IC 35-42-4-1).
     (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
     (3) Child molesting (IC 35-42-4-3).
     (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
     (IC 35-42-4-4).
     (5) Vicarious sexual gratification (including performing sexual
     conduct in the presence of a minor) (IC 35-42-4-5).
     (6) Child solicitation (IC 35-42-4-6).
     (7) Child seduction (IC 35-42-4-7).
     (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
     Class B, or Class C felony (for a crime committed before July 1,
     2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
     crime committed after June 30, 2014), unless:
        (A) the person is convicted of sexual misconduct with a minor
        as a Class C felony (for a crime committed before July 1,
        2014) or a Level 5 felony (for a crime committed after June
        30, 2014);
        (B) the person is not more than:
           (i) four (4) years older than the victim if the offense was
           committed after June 30, 2007; or
           (ii) five (5) years older than the victim if the offense was
           committed before July 1, 2007; and
        (C) the sentencing court finds that the person should not be
        required to register as a sex offender.
     (9) Incest (IC 35-46-1-3).
     (10) Sexual battery (IC 35-42-4-8).
     (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
     (18) years of age, and the person who kidnapped the victim is not
     the victim's parent or guardian.
     (12) Criminal confinement (IC 35-42-3-3), if the victim is less
     than eighteen (18) years of age, and the person who confined or
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    removed the victim is not the victim's parent or guardian.
    (13) Possession of child sex abuse material (IC 35-42-4-4(d) or
    IC 35-42-4-4(e)) (before July 1, 2026), or a child sex abuse
    material offense under IC 35-42-4-4.5 (after June 30, 2026).
    (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
    (for a crime committed before July 1, 2014) or a Level 4 felony
    (for a crime committed after June 30, 2014).
    (15) Promotion of human sexual trafficking under
    IC 35-42-3.5-1.1.
    (16) Promotion of child sexual trafficking under
    IC 35-42-3.5-1.2(a).
    (17) Promotion of sexual trafficking of a younger child
    (IC 35-42-3.5-1.2(c)).
    (18) Child sexual trafficking (IC 35-42-3.5-1.3).
    (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
    less than eighteen (18) years of age.
    (20) Sexual misconduct by a service provider with a detained or
    supervised child (IC 35-44.1-3-10(c)).
  (b) The term includes:
    (1) a person who is required to register as a sex offender in any
    jurisdiction; and
    (2) a person who has been designated:
       (A) a sex offender;
       (B) a sexually violent predator; or
       (C) with a substantially equivalent designation;
    in another jurisdiction and who was or would be subjected to
    the sex offender registration reporting requirements in the
    other jurisdiction if the person resided, worked, volunteered,
    attended school, or owned real property in that jurisdiction,
    as determined by the department;
    (3) a person who has been convicted of failure to register as a
    sex offender in any jurisdiction; and
    (2) (4) a child who has committed a delinquent act, or a person
    prosecuted under IC 31-30-1-4(d) for an offense described in
    subsection (a) committed when the person was less than eighteen
    (18) years of age, but who was at least twenty-one (21) years of
    age when the charge was filed, and who:
       (A) is at least fourteen (14) years of age;
       (B) is on probation, is on parole, is discharged from a facility
       by the department of correction, is discharged from a secure
       private facility (as defined in IC 31-9-2-115), or is discharged
       from a juvenile detention facility as a result of an adjudication
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          as a delinquent child for an act that would be an offense
          described in subsection (a) if committed by an adult; and
          (C) is found by a court by clear and convincing evidence to be
          likely to repeat an act that would be an offense described in
          subsection (a) if committed by an adult.
    (c) In making a determination under subsection (b)(2)(C), (b)(4)(C),
the court shall consider expert testimony concerning whether a child is
likely to repeat an act that would be an offense described in subsection
(a) if committed by an adult.
    (d) A person ordered to register under subsection (b)(2) (b)(4) may
petition the court to reconsider the order at any time after completing
court ordered sex offender treatment. The court shall consider expert
testimony concerning whether a child or person is likely to repeat an
offense described in subsection (a) or an act that would be an offense
described in subsection (a) if committed by an adult.
    SECTION 9. IC 11-8-8-5, AS AMENDED BY P.L.218-2025,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) Except as provided in section 22 of this
chapter, as used in this chapter, "sex or violent offender" means a
person convicted of any of the following offenses:
      (1) Rape (IC 35-42-4-1).
      (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
      (3) Child molesting (IC 35-42-4-3).
      (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
      (IC 35-42-4-4).
      (5) Vicarious sexual gratification (including performing sexual
      conduct in the presence of a minor) (IC 35-42-4-5).
      (6) Child solicitation (IC 35-42-4-6).
      (7) Child seduction (IC 35-42-4-7).
      (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
      Class B, or Class C felony (for a crime committed before July 1,
      2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
      crime committed after June 30, 2014), unless:
          (A) the person is convicted of sexual misconduct with a minor
          as a Class C felony (for a crime committed before July 1,
          2014) or a Level 5 felony (for a crime committed after June
          30, 2014);
          (B) the person is not more than:
             (i) four (4) years older than the victim if the offense was
             committed after June 30, 2007; or
             (ii) five (5) years older than the victim if the offense was
             committed before July 1, 2007; and
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       (C) the sentencing court finds that the person should not be
       required to register as a sex offender.
    (9) Incest (IC 35-46-1-3).
    (10) Sexual battery (IC 35-42-4-8).
    (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
    (18) years of age, and the person who kidnapped the victim is not
    the victim's parent or guardian.
    (12) Criminal confinement (IC 35-42-3-3), if the victim is less
    than eighteen (18) years of age, and the person who confined or
    removed the victim is not the victim's parent or guardian.
    (13) Possession of child sex abuse material (IC 35-42-4-4(d) or
    IC 35-42-4-4(e)) (before July 1, 2026), or a child sex abuse
    material offense under IC 35-42-4-4.5 (after June 30, 2026).
    (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
    (for a crime committed before July 1, 2014) or a Level 4 felony
    (for a crime committed after June 30, 2014).
    (15) Promotion of human sexual trafficking under
    IC 35-42-3.5-1.1.
    (16) Promotion of child sexual trafficking under
    IC 35-42-3.5-1.2(a).
    (17) Promotion of sexual trafficking of a younger child
    (IC 35-42-3.5-1.2(c)).
    (18) Child sexual trafficking (IC 35-42-3.5-1.3).
    (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
    less than eighteen (18) years of age.
    (20) Murder (IC 35-42-1-1).
    (21) Voluntary manslaughter (IC 35-42-1-3).
    (22) Sexual misconduct by a service provider with a detained or
    supervised child (IC 35-44.1-3-10(c)).
  (b) The term includes:
    (1) a person who is required to register as a sex or violent
    offender in any jurisdiction; and
    (2) a person who has been designated:
       (A) a sex offender;
       (B) a sexually violent predator; or
       (C) with a substantially equivalent designation;
    in another jurisdiction, and who was or would be subjected to
    the sex offender registration reporting requirements in the
    other jurisdiction if the person resided, worked, volunteered,
    attended school, or owned real property in that jurisdiction,
    as determined by the department;
    (3) a person who has been convicted of failure to register as a
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      sex offender in any jurisdiction; and
      (2) (4) a child who has committed a delinquent act, or a person
      prosecuted under IC 31-30-1-4(d) for an offense described in
      subsection (a) committed when the person was less than eighteen
      (18) years of age, but who was at least twenty-one (21) years of
      age when the charge was filed, and who:
          (A) is at least fourteen (14) years of age;
          (B) is on probation, is on parole, is discharged from a facility
          by the department of correction, is discharged from a secure
          private facility (as defined in IC 31-9-2-115), or is discharged
          from a juvenile detention facility as a result of an adjudication
          as a delinquent child for an act that would be an offense
          described in subsection (a) if committed by an adult; and
          (C) is found by a court by clear and convincing evidence to be
          likely to repeat an act that would be an offense described in
          subsection (a) if committed by an adult.
    (c) In making a determination under subsection (b)(2)(C), (b)(4)(C),
the court shall consider expert testimony concerning whether a child is
likely to repeat an act that would be an offense described in subsection
(a) if committed by an adult.
    (d) A person ordered to register under subsection (b)(2) (b)(4) may
petition the court to reconsider the order at any time after completing
court ordered sex offender treatment. The court shall consider expert
testimony concerning whether a child or person is likely to repeat an
offense described in subsection (a) or an act that would be an offense
described in subsection (a) if committed by an adult.
    SECTION 10. IC 11-8-8-7.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 7.5. (a) This section applies to a person required to
register as a:
      (1) sex offender under section 4.5(b)(2) of this chapter; or
      (2) sex or violent offender under section 5(b)(2) of this
      chapter.
    (b) A person may request that the department reconsider its
determination that the person is required to register under section
4.5(b)(2) or 5(b)(2) of this chapter by filing a written request for
reconsideration with the department. The request for
reconsideration must:
      (1) be verified; and
      (2) include a concise explanation of why the person is entitled
      to relief.
The person may include any relevant evidence to establish that the
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person is not required to register under section 4.5(b)(2) or 5(b)(2)
of this chapter.
    (c) The department shall issue a written ruling not later than
thirty (30) days after receipt of the request.
    (d) If the person establishes by a preponderance of the evidence
that the person is not required to register under section 4.5(b)(2)
or 5(b)(2) of this chapter, the department shall grant appropriate
relief.
    SECTION 11. IC 11-8-8-19, AS AMENDED BY P.L.1-2025,
SECTION 158, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 19. (a) Except as provided in
subsections (b) through (f), a sex or violent offender is required to
register under this chapter until the expiration of ten (10) years after the
date the sex or violent offender:
      (1) is released from a penal facility (as defined in
      IC 35-31.5-2-232) or a secure juvenile detention facility of a state
      or another jurisdiction;
      (2) is placed in a community transition program;
      (3) is placed in a community corrections program;
      (4) is placed on parole; or
      (5) is placed on probation;
for the sex or violent offense requiring registration, whichever occurs
last. The registration period is tolled during any period that the sex or
violent offender is incarcerated. The registration period does not restart
if the offender is convicted of a subsequent offense. However, if the
subsequent offense is a sex or violent offense, or an offense under
section 17 of this chapter, a new registration period may be imposed in
accordance with this chapter. The department shall ensure that an
offender who is no longer required to register as a sex or violent
offender is notified that the obligation to register has expired, and shall
ensure that the offender's information is no longer published to the
public portal of the sex and violent offender registry website
established under IC 36-2-13-5.5.
    (b) A sex or violent offender who is a sexually violent predator is
required to register for life.
    (c) A sex or violent offender who is convicted of at least one (1)
offense under section 5(a) of this chapter that the sex or violent
offender committed:
      (1) when the person was at least eighteen (18) years of age; and
      (2) against a victim who was less than twelve (12) years of age at
      the time of the crime;
is required to register for life.
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                                   14
    (d) A sex or violent offender who is convicted of at least one (1)
offense under section 5(a) of this chapter in which the sex offender:
       (1) proximately caused serious bodily injury or death to the
       victim;
       (2) used force or the threat of force against the victim or a
       member of the victim's family, unless the offense is sexual battery
       as a Class D felony (for an offense committed before July 1,
       2014) or a Level 6 felony (for a crime committed after June 30,
       2014); or
       (3) rendered the victim unconscious or otherwise incapable of
       giving voluntary consent;
is required to register for life.
    (e) A sex or violent offender who is convicted of at least two (2)
unrelated offenses under section 5(a) of this chapter is required to
register for life.
    (f) A person who is required to register as a sex or violent offender
in any jurisdiction a:
       (1) sex offender under section 4.5 of this chapter; or
       (2) sex or violent offender under section 5 of this chapter;
shall register for the period required by the other another jurisdiction
or the period described in this section, whichever is longer.
    SECTION 12. IC 11-13-3-11, AS AMENDED BY P.L.218-2025,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) As used in this section, "Internet crime
against a child" means a conviction for a violation of:
       (1) IC 35-42-4-4(b) or IC 35-42-4-4(c) IC 35-42-4-4 (child
       exploitation);
       (2) IC 35-42-4-4(d) or IC 35-42-4-4(e) (possession of child sex
       abuse material) (before July 1, 2026), or a child sex abuse
       material offense under IC 35-42-4-4.5 (after June 30, 2026);
       or
       (3) IC 35-42-4-6 (child solicitation).
    (b) When a person is placed on lifetime parole, the department shall
provide the parolee with a written statement of the conditions of
lifetime parole. The parolee shall sign the statement, retain a copy, and
provide a copy to the department. The department shall place the
signed statement in the parolee's master file.
    (c) As a condition of lifetime parole, the parole board shall:
       (1) require a parolee who is a sexually violent predator (as defined
       in IC 35-38-1-7.5) to:
           (A) inform the parolee's parole agent of any changes to the
           parolee's residence, employment, or contact information not
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                                   15
           later than seventy-two (72) hours after the change;
           (B) report to the parole agent as instructed;
           (C) avoid contact with any person who is less than sixteen (16)
           years of age, unless the parolee receives written authorization
           from the parole board; and
           (D) avoid contact with the victim of any sex crime committed
           by that parolee, unless the parolee receives written
           authorization from the parole board;
       (2) prohibit a parolee who is a sexually violent predator convicted
       of an Internet crime against a child from:
           (A) accessing or using certain websites, chat rooms, or instant
           messaging programs frequented by children; and
           (B) deleting, erasing, or tampering with data on the parolee's
           personal computer;
       (3) prohibit a parolee who is a sexually violent predator from
       owning, operating, managing, being employed by, or volunteering
       at an attraction designed to be primarily enjoyed by a child less
       than sixteen (16) years of age; and
       (4) require a parolee to allow the parolee's supervising parole
       agent or another person authorized by the parole board to visit the
       parolee's residence, real property, or place of employment.
    (d) As a condition of lifetime parole, the parole board may require
a sexually violent predator to participate in a sex offender treatment
program approved by the parole board.
    (e) As a condition of lifetime parole, the parole board may require
a parolee who is:
       (1) a sexually violent predator; or
       (2) required to register as a sex or violent offender under
       IC 11-8-8-5 due to a conviction for murder (IC 35-42-1-1) or
       voluntary manslaughter (IC 35-42-1-3);
to wear a monitoring device (as described in IC 35-38-2.5-3) that can
transmit information twenty-four (24) hours each day regarding a
person's precise location, subject to a validated sex offender risk
assessment or appropriate violent offender risk assessment, and subject
to the amount appropriated to the department for a monitoring program
as a condition of lifetime parole.
    (f) When an offender is placed on lifetime parole, the parole board
shall inform the sheriff and the prosecuting attorney of the offender's
current county of residence:
       (1) that the offender has been placed on lifetime parole; and
       (2) whether the offender is required to wear a monitoring device
       as described in subsection (e).
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                                   16
   (g) The parole board may adopt rules under IC 4-22-2 to impose
additional conditions of lifetime parole and to implement this section.
   SECTION 13. IC 22-5-5-1, AS AMENDED BY P.L.13-2016,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. The employment contract of a person who:
      (1) works with children; and
      (2) is convicted of:
         (A) rape (IC 35-42-4-1), if the victim is less than eighteen (18)
         years of age;
         (B) criminal deviate conduct (IC 35-42-4-2) (repealed), if the
         victim is less than eighteen (18) years of age;
         (C) child molesting (IC 35-42-4-3);
         (D) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
         (IC 35-42-4-4);
         (E) vicarious sexual gratification (IC 35-42-4-5);
         (F) child solicitation (IC 35-42-4-6);
         (G) child seduction (IC 35-42-4-7); or
         (H) incest (IC 35-46-1-3), if the victim is less than eighteen
         (18) years of age;
may be canceled by the person's employer.
   SECTION 14. IC 31-9-2-133.1, AS AMENDED BY P.L.172-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 133.1. "Victim of human or sexual trafficking",
for purposes of IC 31-34-1-3.5, refers to a child who is recruited,
harbored, transported, or engaged in:
      (1) forced labor;
      (2) involuntary servitude;
      (3) prostitution;
      (4) juvenile prostitution, as defined in IC 35-31.5-2-178.5;
      (5) child exploitation as defined in IC 35-42-4-4(b); under
      IC 35-42-4-4;
      (6) marriage, unless authorized by a court under IC 31-11-1-7;
      (7) trafficking for the purpose of prostitution, juvenile
      prostitution, or participation in sexual conduct as defined in
      IC 35-42-4-4(a); or
      (8) human trafficking as defined in IC 35-42-3.5-0.5.
   SECTION 15. IC 31-14-14-1, AS AMENDED BY P.L.223-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) A noncustodial parent is entitled to
reasonable parenting time rights unless the court finds, after a hearing,
that parenting time might:
      (1) endanger the child's physical health and well-being; or
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                                   17
       (2) significantly impair the child's emotional development.
    (b) The court may interview the child in chambers to assist the court
in determining the child's perception of whether parenting time by the
noncustodial parent might endanger the child's physical health or
significantly impair the child's emotional development.
    (c) In a hearing under subsection (a), there is a rebuttable
presumption that a person who has been convicted of:
       (1) child molesting (IC 35-42-4-3); or
       (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
       (IC 35-42-4-4);
might endanger the child's physical health and well-being or
significantly impair the child's emotional development.
    (d) Except as provided in subsection (e), if a court grants parenting
time rights to a person who has been convicted of:
       (1) child molesting (IC 35-42-4-3); or
       (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
       (IC 35-42-4-4);
there is a rebuttable presumption that the parenting time with the child
must be supervised.
    (e) If a court grants parenting time rights to a person who has been
convicted of:
       (1) child molesting (IC 35-42-4-3); or
       (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
       (IC 35-42-4-4);
within the previous five (5) years, the court shall order that the
parenting time with the child must be supervised.
    (f) The court may permit counsel to be present at the interview. If
counsel is present:
       (1) a record may be made of the interview; and
       (2) the interview may be made part of the record for purposes of
       appeal.
    SECTION 16. IC 31-17-4-1, AS AMENDED BY P.L.146-2021,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) Subject to subsections (d) and (e) and
subject to section 1.1 of this chapter, a parent not granted custody of
the child is entitled to reasonable parenting time rights unless the court
finds, after a hearing, that parenting time by the noncustodial parent
might endanger the child's physical health or significantly impair the
child's emotional development.
    (b) The court may interview the child in chambers to assist the court
in determining the child's perception of whether parenting time by the
noncustodial parent might endanger the child's physical health or
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                                   18
significantly impair the child's emotional development.
    (c) The court may permit counsel to be present at the interview. If
counsel is present:
      (1) a record may be made of the interview; and
      (2) the interview may be made part of the record for purposes of
      appeal.
    (d) Except as provided in subsection (e), if a court grants parenting
time rights to a person who has been convicted of:
      (1) child molesting (IC 35-42-4-3); or
      (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
      (IC 35-42-4-4);
there is a rebuttable presumption that the parenting time with the child
must be supervised.
    (e) If a court grants parenting time rights to a person who has been
convicted of:
      (1) child molesting (IC 35-42-4-3); or
      (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
      (IC 35-42-4-4);
within the previous five (5) years, the court shall order that the
parenting time with the child must be supervised.
    SECTION 17. IC 33-37-5-23, AS AMENDED BY P.L.144-2018,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 23. (a) This section applies to criminal actions.
    (b) The court shall assess a sexual assault victims assistance fee of
at least five hundred dollars ($500) and not more than five thousand
dollars ($5,000) against an individual convicted in Indiana of any of the
following offenses:
      (1) Rape (IC 35-42-4-1).
      (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
      (3) Child molesting (IC 35-42-4-3).
      (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
      (IC 35-42-4-4).
      (5) Vicarious sexual gratification (IC 35-42-4-5).
      (6) Child solicitation (IC 35-42-4-6).
      (7) Child seduction (IC 35-42-4-7).
      (8) Sexual battery (IC 35-42-4-8).
      (9) Sexual misconduct with a minor as a Class A or Class B
      felony (for a crime committed before July 1, 2014) or a Level 1
      felony or Level 4 felony (for a crime committed after June 30,
      2014) (IC 35-42-4-9).
      (10) Incest (IC 35-46-1-3).
      (11) Promotion of human labor trafficking (IC 35-42-3.5-1).
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                                   19
      (12) Promotion of human sexual trafficking (IC 35-42-3.5-1.1).
      (13) Promotion of child sexual trafficking (IC 35-42-3.5-1.2(a)).
      (14) Promotion of sexual trafficking of a younger child
      (IC 35-42-3.5-1.2(c)).
      (15) Child sexual trafficking (IC 35-42-3.5-1.3).
      (16) Human trafficking (IC 35-42-3.5-1.4).
    SECTION 18. IC 33-39-1-9, AS AMENDED BY P.L.13-2016,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. A prosecuting attorney who charges a person
with committing any of the following shall inform the person's
employer of the charge, unless the prosecuting attorney determines that
the person charged does not work with children:
      (1) Rape (IC 35-42-4-1), if the victim is less than eighteen (18)
      years of age.
      (2) Criminal deviate conduct (IC 35-42-4-2) (repealed), if the
      victim is less than eighteen (18) years of age.
      (3) Child molesting (IC 35-42-4-3).
      (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
      (IC 35-42-4-4).
      (5) Vicarious sexual gratification (IC 35-42-4-5).
      (6) Child solicitation (IC 35-42-4-6).
      (7) Child seduction (IC 35-42-4-7).
      (8) Incest (IC 35-46-1-3), if the victim is less than eighteen (18)
      years of age.
    SECTION 19. IC 35-31.5-2-98 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 98. "Disseminate", for purposes of IC 35-42-4-4, has the
meaning set forth in IC 35-42-4-4(a).
    SECTION 20. IC 35-31.5-2-196, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 196. (a) "Matter", for purposes of IC 35-42-4-4,
has the meaning set forth in IC 35-42-4-4(a).
    (b) "Matter", for purposes of IC 35-49, has the meaning set forth in
IC 35-49-1-3.
    SECTION 21. IC 35-31.5-2-233, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 233. (a) "Performance", for purposes of
IC 35-42-4-4, has the meaning set forth in IC 35-42-4-4(a).
    (b) "Performance", for purposes of IC 35-49, has the meaning set
forth in IC 35-49-1-7.
    SECTION 22. IC 35-31.5-2-300, AS AMENDED BY P.L.144-2018,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 300. (a) "Sexual conduct", for purposes of
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                                  20
IC 35-42-3.5-0.5 and IC 35-42-4-4, has the meaning set forth in
IC 35-42-4-4(a). IC 35-42-4-4.
    (b) "Sexual conduct", for purposes of IC 35-49, has the meaning set
forth in IC 35-49-1-9.
    SECTION 23. IC 35-36-10-1, AS ADDED BY P.L.148-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. This chapter applies only in a criminal or civil
proceeding.
    SECTION 24. IC 35-36-10-2, AS AMENDED BY P.L.218-2025,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. As used in this chapter, "child sex abuse
material" includes:
      (1) material described in IC 35-42-4-4(d); IC 35-42-4-4.5; and
      (2) material defined in 18 U.S.C. 2256(8).
    SECTION 25. IC 35-36-10-3, AS AMENDED BY P.L.218-2025,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. In any criminal proceeding or civil proceeding,
material constituting child sex abuse material must remain in the
custody of the state or the court.
    SECTION 26. IC 35-36-10-4, AS AMENDED BY P.L.218-2025,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. A court shall deny any request by the defendant
in a criminal proceeding, or any party in a civil proceeding, to copy,
photograph, duplicate, or otherwise reproduce any material that
constitutes child sex abuse material if the state (in a criminal
proceeding), or the court (in a civil proceeding), provides ample
opportunity for inspection, viewing, and examination of the material
by:
      (1) the defendant (in a criminal proceeding);
      (2) the defendant's attorney (in a criminal proceeding); and
      (3) any individual the defendant seeks to qualify as an expert (in
      a criminal proceeding);
      (4) any party and the party's attorney (in a civil proceeding);
      and
      (5) any individual a party seeks to qualify as an expert (in a
      civil proceeding);
at a state or local court or law enforcement facility as provided in
section 5 of this chapter.
    SECTION 27. IC 35-38-1-7.5, AS AMENDED BY P.L.186-2025,
SECTION 229, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 7.5. (a) As used in this section,
"sexually violent predator" means a person who suffers from a mental
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                                   21
abnormality or personality disorder that makes the individual likely to
repeatedly commit a sex offense (as defined in IC 11-8-8-5.2). The
term includes a person convicted in another jurisdiction who is
identified as a sexually violent predator under IC 11-8-8-20. The term
does not include a person no longer considered a sexually violent
predator under subsection (g).
    (b) A person who:
      (1) being at least eighteen (18) years of age, commits an offense
      described in:
         (A) IC 35-42-4-1;
         (B) IC 35-42-4-2 (before its repeal);
         (C) IC 35-42-4-3 as a Class A or Class B felony (for a crime
         committed before July 1, 2014) or a Level 1, Level 2, Level 3,
         or Level 4 felony (for a crime committed after June 30, 2014);
         (D) IC 35-42-4-5(a)(1);
         (E) IC 35-42-4-5(a)(2);
         (F) IC 35-42-4-5(a)(3) (before that provision was redesignated
         by P.L.158-2013, SECTION 441);
         (G) IC 35-42-4-5(b)(1) as a Class A or Class B felony (for a
         crime committed before July 1, 2014) or Level 2, Level 3, or
         Level 4 felony (for a crime committed after June 30, 2014);
         (H) IC 35-42-4-5(b)(2); or
         (I) IC 35-42-4-5(b)(3) as a Class A or Class B felony (for a
         crime committed before July 1, 2014) or a Level 2, Level 3, or
         Level 4 felony (for a crime committed after June 30, 2014);
      (2) commits a sex offense (as defined in IC 11-8-8-5.2) while
      having a previous unrelated conviction for a sex offense for which
      the person is required to register as a sex or violent offender under
      IC 11-8-8;
      (3) commits a sex offense (as defined in IC 11-8-8-5.2) while
      having had a previous unrelated adjudication as a delinquent child
      for an act that would be a sex offense if committed by an adult, if,
      after considering expert testimony, a court finds by clear and
      convincing evidence that the person is likely to commit an
      additional sex offense; or
      (4) commits a sex offense (as defined in IC 11-8-8-5.2) while
      having had a previous unrelated adjudication as a delinquent child
      for an act that would be a sex offense if committed by an adult, if
      the person was required to register as a sex or violent offender
      under IC 11-8-8-5(b)(2); IC 11-8-8-5(b)(4);
is a sexually violent predator. Except as provided in subsection (g) or
(h), a person is a sexually violent predator by operation of law if an
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                                   22
offense committed by the person satisfies the conditions set forth in
subdivision (1) or (2) and the person was released from incarceration,
secure detention, probation, or parole for the offense after June 30,
1994.
    (c) This section applies whenever a court sentences a person or a
juvenile court issues a dispositional decree for a sex offense (as defined
in IC 11-8-8-5.2) for which the person is required to register with the
local law enforcement authority under IC 11-8-8.
    (d) At the sentencing hearing, the court shall indicate on the record
whether the person has been convicted of an offense that makes the
person a sexually violent predator under subsection (b).
    (e) If a person is not a sexually violent predator under subsection
(b), the prosecuting attorney may request the court to conduct a hearing
to determine whether the person (including a child adjudicated to be a
delinquent child) is a sexually violent predator under subsection (a). If
the court grants the motion, the court shall appoint two (2)
psychologists or psychiatrists who have expertise in criminal
behavioral disorders to evaluate the person and testify at the hearing.
After conducting the hearing and considering the testimony of the two
(2) psychologists or psychiatrists, the court shall determine whether the
person is a sexually violent predator under subsection (a). A hearing
conducted under this subsection may be combined with the person's
sentencing hearing.
    (f) If a person is a sexually violent predator:
       (1) the person is required to register with the local law
       enforcement authority as provided in IC 11-8-8; and
       (2) the court shall send notice to the department of correction.
    (g) This subsection does not apply to a person who has two (2) or
more unrelated convictions for an offense described in IC 11-8-8-4.5
for which the person is required to register under IC 11-8-8. A person
who is a sexually violent predator may petition the court to consider
whether the person should no longer be considered a sexually violent
predator. The person may file a petition under this subsection not
earlier than ten (10) years after:
       (1) the sentencing court or juvenile court makes its determination
       under subsection (e); or
       (2) the person is released from incarceration or secure detention.
A person may file a petition under this subsection not more than one
(1) time per year. A court may dismiss a petition filed under this
subsection or conduct a hearing to determine if the person should no
longer be considered a sexually violent predator. If the court conducts
a hearing, the court shall appoint two (2) psychologists or psychiatrists
HEA 1303 — Concur
                                   23
who have expertise in criminal behavioral disorders to evaluate the
person and testify at the hearing. After conducting the hearing and
considering the testimony of the two (2) psychologists or psychiatrists,
the court shall determine whether the person should no longer be
considered a sexually violent predator under subsection (a). If a court
finds that the person should no longer be considered a sexually violent
predator, the court shall send notice to the department of correction that
the person is no longer considered a sexually violent predator or an
offender against children. Notwithstanding any other law, a condition
imposed on a person due to the person's status as a sexually violent
predator, including lifetime parole or GPS monitoring, does not apply
to a person no longer considered a sexually violent predator.
    (h) A person is not a sexually violent predator by operation of law
under subsection (b)(1) if all of the following conditions are met:
      (1) The victim was not less than twelve (12) years of age at the
      time the offense was committed.
      (2) The person is not more than four (4) years older than the
      victim.
      (3) The relationship between the person and the victim was a
      dating relationship or an ongoing personal relationship. The term
      "ongoing personal relationship" does not include a family
      relationship.
      (4) The offense committed by the person was not any of the
      following:
          (A) Rape (IC 35-42-4-1).
          (B) Criminal deviate conduct (IC 35-42-4-2) (before its
          repeal).
          (C) An offense committed by using or threatening the use of
          deadly force or while armed with a deadly weapon.
          (D) An offense that results in serious bodily injury.
          (E) An offense that is facilitated by furnishing the victim,
          without the victim's knowledge, with a drug (as defined in
          IC 16-42-19-2(1)) or a controlled substance (as defined in
          IC 35-48-1.1-7) or knowing that the victim was furnished with
          the drug or controlled substance without the victim's
          knowledge.
      (5) The person has not committed another sex offense (as defined
      in IC 11-8-8-5.2) (including a delinquent act that would be a sex
      offense if committed by an adult) against any other person.
      (6) The person did not have a position of authority or substantial
      influence over the victim.
      (7) The court finds that the person should not be considered a
HEA 1303 — Concur
                                  24
      sexually violent predator.
   SECTION 28. IC 35-38-2-2.5, AS AMENDED BY P.L.13-2016,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.5. (a) As used in this section, "offender" means
an individual convicted of a sex offense.
   (b) As used in this section, "sex offense" has the meaning set forth
in IC 11-8-8-5.2. means any of the following:
      (1) Rape (IC 35-42-4-1).
      (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
      (3) Child molesting (IC 35-42-4-3).
      (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
      (5) Vicarious sexual gratification (IC 35-42-4-5).
      (6) Child solicitation (IC 35-42-4-6).
      (7) Child seduction (IC 35-42-4-7).
      (8) Sexual battery (IC 35-42-4-8).
      (9) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
      (10) Incest (IC 35-46-1-3).
   (c) A condition of remaining on probation or parole after conviction
for a sex offense is that the offender not reside within one (1) mile of
the residence of the victim of the offender's sex offense.
   (d) An offender:
      (1) who will be placed on probation shall provide the sentencing
      court and the probation department with the address where the
      offender intends to reside during the period of probation:
         (A) at the time of sentencing if the offender will be placed on
         probation without first being incarcerated; or
         (B) before the offender's release from incarceration if the
         offender will be placed on probation after completing a term
         of incarceration; or
      (2) who will be placed on parole shall provide the parole board
      with the address where the offender intends to reside during the
      period of parole.
   (e) An offender, while on probation or parole, may not establish a
new residence within one (1) mile of the residence of the victim of the
offender's sex offense unless the offender first obtains a waiver from
the:
      (1) court, if the offender is placed on probation; or
      (2) parole board, if the offender is placed on parole;
for the change of address under subsection (f).
   (f) The court or parole board may waive the requirement set forth in
subsection (c) only if the court or parole board, at a hearing at which
the offender is present and of which the prosecuting attorney has been
HEA 1303 — Concur
                                   25
notified, determines that:
      (1) the offender has successfully completed a sex offender
      treatment program during the period of probation or parole;
      (2) the offender is in compliance with all terms of the offender's
      probation or parole; and
      (3) good cause exists to allow the offender to reside within one (1)
      mile of the residence of the victim of the offender's sex offense.
However, the court or parole board may not grant a waiver under this
subsection if the offender is a sexually violent predator under
IC 35-38-1-7.5 or if the offender is an offender against children under
IC 35-42-4-11.
    (g) If the court or parole board grants a waiver under subsection (f),
the court or parole board shall state in writing the reasons for granting
the waiver. The court's written statement of its reasons shall be
incorporated into the record.
    (h) The address of the victim of the offender's sex offense is
confidential even if the court or parole board grants a waiver under
subsection (f).
    SECTION 29. IC 35-42-3.5-1.2, AS AMENDED BY P.L.186-2025,
SECTION 233, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1.2. (a) A person who knowingly or
intentionally recruits, entices, harbors, or transports a child less than
eighteen (18) years of age with the intent of causing the child to engage
in:
      (1) prostitution or juvenile prostitution; or
      (2) a performance or incident that includes sexual conduct in
      violation of IC 35-42-4-4(b) or IC 35-42-4-4(c) IC 35-42-4-4
      (child exploitation);
commits promotion of child sexual trafficking, a Level 3 felony.
    (b) It is not a defense to a prosecution under this section that the:
      (1) child consented to engage in prostitution or juvenile
      prostitution or to participate in sexual conduct; or
      (2) intended victim of the offense is a law enforcement officer.
    (c) A person who knowingly or intentionally recruits, entices,
harbors, or transports a child less than sixteen (16) years of age with
the intent of inducing or causing the child to participate in sexual
conduct commits promotion of sexual trafficking of a younger child, a
Level 3 felony. It is a defense to a prosecution under this subsection if:
      (1) the child is at least fourteen (14) years of age but less than
      sixteen (16) years of age and the person is less than eighteen (18)
      years of age; or
      (2) all the following apply:
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                                   26
         (A) The person is not more than four (4) years older than the
         victim.
         (B) The relationship between the person and the victim was a
         dating relationship or an ongoing personal relationship. The
         term "ongoing personal relationship" does not include a family
         relationship.
         (C) The crime:
            (i) was not committed by a person who is at least twenty-one
            (21) years of age;
            (ii) was not committed by using or threatening the use of
            deadly force;
            (iii) was not committed while armed with a deadly weapon;
            (iv) did not result in serious bodily injury;
            (v) was not facilitated by furnishing the victim, without the
            victim's knowledge, with a drug (as defined in
            IC 16-42-19-2(1)) or a controlled substance (as defined in
            IC 35-48-1.1-7) or knowing that the victim was furnished
            with the drug or controlled substance without the victim's
            knowledge; and
            (vi) was not committed by a person having a position of
            authority or substantial influence over the victim.
         (D) The person has not committed another sex offense (as
         defined in IC 11-8-8-5.2), including a delinquent act that
         would be a sex offense if committed by an adult, against any
         other person.
         (E) The person is not promoting prostitution (as defined in
         IC 35-45-4-4) with respect to the victim even though the
         person has not been charged with or convicted of the offense.
   SECTION 30. IC 35-42-4-4, AS AMENDED BY P.L.218-2025,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) The following definitions apply throughout
this section:
      (1) "Disseminate" means to transfer possession for free or for a
      consideration.
      (2) (1) "Image" means the following: any visual representation.
         (A) A picture.
         (B) A drawing.
         (C) A photograph.
         (D) A negative image.
         (E) An undeveloped film.
         (F) A motion picture.
         (G) A videotape.
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                                 27
       (H) A digitized image.
       (I) A computer generated image.
       (J) Any pictorial representation.
    (3) "Matter" has the same meaning as in IC 35-49-1-3.
    (4) "Performance" has the same meaning as in IC 35-49-1-7.
    (5) (2) "Sexual conduct" means:
       (A) sexual intercourse;
       (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
       (C) exhibition of the:
          (i) uncovered genitals; or
          (ii) female breast with less than a fully opaque covering of
          any part of the nipple;
       intended to satisfy or arouse the sexual desires of any person;
       (D) sadomasochistic abuse;
       (E) sexual intercourse or other sexual conduct (as defined in
       IC 35-31.5-2-221.5) with an animal; or
       (F) any fondling or touching of a child by another person or of
       another person by a child intended to arouse or satisfy the
       sexual desires of either the child or the other person.
  (b) A person who:
    (1) knowingly or intentionally manages, produces, sponsors,
    presents, exhibits, photographs, films, videotapes, or creates a
    digitized image of any performance or incident that includes
    sexual conduct by a child under eighteen (18) years of age;
    (2) knowingly or intentionally disseminates, exhibits to another
    person, offers to disseminate or exhibit to another person, or
    sends or brings into Indiana for dissemination or exhibition matter
    that depicts or describes sexual conduct by a child under eighteen
    (18) years of age;
    (3) knowingly or intentionally makes available to another person
    a computer, knowing that the computer's fixed drive or peripheral
    device contains matter that depicts or describes sexual conduct by
    a child less than eighteen (18) years of age;
    (4) with the intent to satisfy or arouse the sexual desires of any
    person:
       (A) knowingly or intentionally:
          (i) manages;
          (ii) produces;
          (iii) sponsors;
          (iv) presents;
          (v) exhibits;
          (vi) photographs;
HEA 1303 — Concur
                                28
         (vii) films;
         (viii) videotapes; or
         (ix) creates a digitized image of;
      any performance or incident that includes the uncovered
      genitals of a child less than eighteen (18) years of age or the
      exhibition of the female breast with less than a fully opaque
      covering of any part of the nipple by a child less than eighteen
      (18) years of age;
      (B) knowingly or intentionally:
         (i) disseminates to another person;
         (ii) exhibits to another person;
         (iii) offers to disseminate or exhibit to another person; or
         (iv) sends or brings into Indiana for dissemination or
         exhibition;
      matter that depicts the uncovered genitals of a child less than
      eighteen (18) years of age or the exhibition of the female
      breast with less than a fully opaque covering of any part of the
      nipple by a child less than eighteen (18) years of age; or
      (C) makes available to another person a computer, knowing
      that the computer's fixed drive or peripheral device contains
      matter that depicts the uncovered genitals of a child less than
      eighteen (18) years of age or the exhibition of the female
      breast with less than a fully opaque covering of any part of the
      nipple by a child less than eighteen (18) years of age; or
   (5) knowingly or intentionally produces, disseminates, or
   possesses with intent to disseminate an image that depicts or
   describes sexual conduct:
      (A) by a child who the person knows is less than eighteen (18)
      years of age;
      (B) by a child less than eighteen (18) years of age, or by a
      person who appears to be a child less than eighteen (18) years
      of age, if the image is obscene (as described in IC 35-49-2-1);
      or
      (C) that is simulated sexual conduct involving a representation
      that appears to be a child less than eighteen (18) years of age,
      if the representation of the image is obscene (as described in
      IC 35-49-2-1);
   (1) induces, causes, or coerces a child less than eighteen (18)
   years of age to engage in sexual conduct with the intent to
   produce or transmit an image of the sexual conduct;
   (2) induces, causes, or coerces a child less than eighteen (18)
   years of age to assist another person in engaging in sexual
HEA 1303 — Concur
                                   29
     conduct, with the intent of aiding any person in the
     production or transmission of an image of the sexual conduct;
     (3) being the parent, guardian, or custodian of a child less
     than eighteen (18) years of age, permits the child to:
         (A) engage in sexual conduct; or
         (B) assist another person in engaging in sexual conduct;
     with the intent to aid another person in the production or
     transmission of an image of the sexual conduct;
     (4) solicits a child less than eighteen (18) years of age, or who
     the person believes to be a child less than eighteen (18) years
     of age, to:
         (A) engage in sexual conduct; or
         (B) assist another person in engaging in sexual conduct;
     with the intent to produce or transmit an image of the sexual
     conduct; or
     (5) produces or creates an image containing sexual conduct by
     a child less than eighteen (18) years of age, or who appears to
     be a child less than eighteen (18) years of age;
commits child exploitation, a Level 5 felony, Level 4 felony, except as
otherwise provided in this section. It is not a required element of an
offense under subdivision (5)(C) that the child depicted actually exists.
   (c) However, the offense of child exploitation described in
subsection (b) is a Level 4 felony if:
     (1) the sexual conduct, matter, performance, or incident depicts
     or describes a child less than eighteen (18) years of age who:
         (A) engages in bestiality (as described in IC 35-46-3-14);
         (B) is mentally disabled or deficient;
         (C) participates in the sexual conduct, matter, performance, or
         incident by use of force or the threat of force;
         (D) physically or verbally resists participating in the sexual
         conduct, matter, performance, or incident;
         (E) receives a bodily injury while participating in the sexual
         conduct, matter, performance, or incident; or
         (F) is less than twelve (12) years of age; or
     (2) the child less than eighteen (18) years of age:
         (A) engages in bestiality (as described in IC 35-46-3-14);
         (B) is mentally disabled or deficient;
         (C) participates in the sexual conduct, matter, performance, or
         incident by use of force or the threat of force;
         (D) physically or verbally resists participating in the sexual
         conduct, matter, performance, or incident;
         (E) receives a bodily injury while participating in the sexual
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                                  30
         conduct, matter, performance, or incident; or
         (F) is less than twelve (12) years of age.
   (c) The offense described in subsection (b) is a Level 3 felony if:
     (1) the person has a prior unrelated conviction for a sex
     offense (as defined in IC 11-8-8-5.2); or
     (2) the conduct depicted in the image involves:
         (A) bestiality (as described in IC 35-46-3-14);
         (B) a child less than twelve (12) years of age, or who
         appears to be a child less than twelve (12) years of age;
         (C) violence or a depiction of violence against a child,
         including sado-masochistic abuse (as defined in
         IC 35-49-1-8);
         (D) child molesting;
         (E) pecuniary gain by the person; or
         (F) distributing the visual depiction to a child less than
         eighteen (18) years of age with the intent of inducing,
         causing, or coercing the child to commit a criminal offense.
   (d) The offense described in subsection (b) is a Level 2 felony if
the offense is committed by force or threat of force.
   (d) A person who, with intent to view the image, knowingly or
intentionally possesses or accesses an image that depicts or describes
sexual conduct:
     (1) by a child who the person knows is less than eighteen (18)
     years of age;
     (2) by a child less than eighteen (18) years of age, or by a person
     who appears to be a child less than eighteen (18) years of age, if
     the representation of the image is obscene (as described in
     IC 35-49-2-1); or
     (3) that is simulated sexual conduct involving a representation
     that appears to be a child less than eighteen (18) years of age, if
     the representation of the image is obscene (as described in
     IC 35-49-2-1);
commits possession of child sex abuse material, a Level 6 felony. It is
not a required element of an offense under subdivision (3) that the
child depicted actually exists.
   (e) However, the offense of possession of child sex abuse material
described in subsection (d) is a Level 5 felony if:
     (1) the sexual conduct, matter, performance, or incident depicts
     or describes a child who the person knows is less than eighteen
     (18) years of age, or who appears to be less than eighteen (18)
     years of age, who:
         (A) engages in bestiality (as described in IC 35-46-3-14);
HEA 1303 — Concur
                                    31
           (B) is mentally disabled or deficient;
           (C) participates in the sexual conduct, matter, performance, or
           incident by use of force or the threat of force;
           (D) physically or verbally resists participating in the sexual
           conduct, matter, performance, or incident;
           (E) receives a bodily injury while participating in the sexual
           conduct, matter, performance, or incident; or
           (F) is less than twelve (12) years of age; or
       (2) the child less than eighteen (18) years of age:
           (A) engages in bestiality (as described in IC 35-46-3-14);
           (B) is mentally disabled or deficient;
           (C) participates in the sexual conduct, matter, performance, or
           incident by use of force or the threat of force;
           (D) physically or verbally resists participating in the sexual
           conduct, matter, performance, or incident;
           (E) receives a bodily injury while participating in the sexual
           conduct, matter, performance, or incident; or
           (F) is less than twelve (12) years of age.
    (f) (e) Subsections (b), (c), (d), and (e) do This section does not
apply to a bona fide school, museum, or public library that qualifies for
certain property tax exemptions under IC 6-1.1-10, or to an employee
of such a school, museum, or public library acting within the scope of
the employee's employment when the possession of the listed materials
is for legitimate scientific or educational purposes.
    (g) (f) It is a defense to a prosecution under this section that:
       (1) the person is a school employee, a department of child
       services employee, or an attorney acting in the attorney's capacity
       as legal counsel for a client; and
       (2) the acts constituting the elements of the offense were
       performed solely within the scope of the person's employment as
       a school employee, a department of child services employee, or
       an attorney acting in the attorney's capacity as legal counsel for a
       client.
    (h) (g) Except as provided in subsection (i), (h), it is a defense to a
prosecution under subsection (b), (c), (d), or (e) this section if all of the
following apply:
       (1) A cellular telephone, another wireless or cellular
       communications device, or a social networking website was used
       to possess, produce, or disseminate distribute the image.
       (2) The defendant is not more than four (4) years older or younger
       than the person who is depicted in the image or who received the
       image.
HEA 1303 — Concur
                                   32
      (3) The relationship between the defendant and the person who
      received the image or who is depicted in the image was a dating
      relationship or an ongoing personal relationship. For purposes of
      this subdivision, the term "ongoing personal relationship" does
      not include a family relationship.
      (4) The crime was committed by a person less than twenty-two
      (22) years of age.
      (5) The person receiving the image or who is depicted in the
      image acquiesced in the defendant's conduct.
   (i) (h) The defense to a prosecution described in subsection (h) (g)
does not apply if:
      (1) the person who receives the image disseminates distributes
      it to a person other than the person:
          (A) who sent the image; or
          (B) who is depicted in the image;
      (2) the image is of a person other than the person who sent the
      image or received the image; or
      (3) the dissemination distribution of the image violates:
          (A) a protective order to prevent domestic or family violence
          or harassment issued under IC 34-26-5 (or, if the order
          involved a family or household member, under IC 34-26-2 or
          IC 34-4-5.1-5 before their repeal);
          (B) an ex parte protective order issued under IC 34-26-5 (or,
          if the order involved a family or household member, an
          emergency order issued under IC 34-26-2 or IC 34-4-5.1
          before their repeal);
          (C) a workplace violence restraining order issued under
          IC 34-26-6;
          (D) a no contact order in a dispositional decree issued under
          IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or
          IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an
          order issued under IC 31-32-13 (or IC 31-6-7-14 before its
          repeal) that orders the person to refrain from direct or indirect
          contact with a child in need of services or a delinquent child;
          (E) a no contact order issued as a condition of pretrial release,
          including release on bail or personal recognizance, or pretrial
          diversion, and including a no contact order issued under
          IC 35-33-8-3.6;
          (F) a no contact order issued as a condition of probation;
          (G) a protective order to prevent domestic or family violence
          issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2
          before their repeal);
HEA 1303 — Concur
                                    33
          (H) a protective order to prevent domestic or family violence
          issued under IC 31-14-16-1 in a paternity action;
          (I) a no contact order issued under IC 31-34-25 in a child in
          need of services proceeding or under IC 31-37-25 in a juvenile
          delinquency proceeding;
          (J) an order issued in another state that is substantially similar
          to an order described in clauses (A) through (I);
          (K) an order that is substantially similar to an order described
          in clauses (A) through (I) and is issued by an Indian:
             (i) tribe;
             (ii) band;
             (iii) pueblo;
             (iv) nation; or
             (v) organized group or community, including an Alaska
             Native village or regional or village corporation as defined
             in or established under the Alaska Native Claims Settlement
             Act (43 U.S.C. 1601 et seq.);
          that is recognized as eligible for the special programs and
          services provided by the United States to Indians because of
          their special status as Indians;
          (L) an order issued under IC 35-33-8-3.2; or
          (M) an order issued under IC 35-38-1-30.
   (j) (i) It is a defense to a prosecution under this section that:
      (1) the person was less than eighteen (18) years of age at the time
      the alleged offense was committed; and
      (2) the circumstances described in IC 35-45-4-6(a)(2) through
      IC 35-45-4-6(a)(4) apply.
   (k) (j) A person is entitled to present the defense described in
subsection (j) (i) in a pretrial hearing. If a person proves by a
preponderance of the evidence in a pretrial hearing that the defense
described in subsection (j) (i) applies, the court shall dismiss the
charges under this section with prejudice.
   SECTION 31. IC 35-42-4-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4.5. (a) The following definitions
apply throughout this section:
      (1) "Image" has the meaning set forth in section 4 of this
      chapter.
      (2) "Sexual conduct" has the meaning set forth in section 4 of
      this chapter.
   (b) A person who, with intent to view the image, knowingly or
intentionally possesses or accesses an image that depicts or
HEA 1303 — Concur
                                 34
describes sexual conduct:
     (1) by a child who the person knows is less than eighteen (18)
     years of age;
     (2) by a child less than eighteen (18) years of age, or by a
     person who appears to be a child less than eighteen (18) years
     of age, if the representation of the image is obscene (as
     described in IC 35-49-2-1); or
     (3) that is simulated sexual conduct involving a representation
     that appears to be a child less than eighteen (18) years of age,
     if the representation of the image is obscene (as described in
     IC 35-49-2-1);
commits possession of child sex abuse material, a Level 6 felony,
except as otherwise provided in this section. It is not a required
element of an offense under subdivision (3) that the child depicted
actually exists.
   (c) The offense described in subsection (b) is a Level 4 felony if:
     (1) the person has a prior unrelated conviction for a sex
     offense (as defined in IC 11-8-8-5.2); or
     (2) the conduct depicted in the image involves:
         (A) bestiality (as described in IC 35-46-3-14);
         (B) a child less than twelve (12) years of age, or who
         appears to be a child less than twelve (12) years of age;
         (C) violence or a depiction of violence against a child,
         including sado-masochistic abuse (as defined in
         IC 35-49-1-8); or
         (D) child molesting.
   (d) A person who knowingly or intentionally distributes an
image that depicts or describes sexual conduct:
     (1) by a child who the person knows is less than eighteen (18)
     years of age;
     (2) by a child less than eighteen (18) years of age, or by a
     person who appears to be a child less than eighteen (18) years
     of age, if the image is obscene (as described in IC 35-49-2-1);
     or
     (3) that is simulated sexual conduct involving a representation
     that appears to be a child less than eighteen (18) years of age,
     if the representation of the image is obscene (as described in
     IC 35-49-2-1);
commits distribution of child sex abuse material, a Level 5 felony,
except as otherwise provided in this section. It is not a required
element of an offense under subdivision (3) that the child depicted
actually exists.
HEA 1303 — Concur
                                 35
   (e) The offense described in subsection (d) is a Level 3 felony if:
      (1) the person has a prior unrelated conviction for a sex
      offense (as defined in IC 11-8-8-5.2); or
      (2) the conduct depicted in the image involves:
         (A) bestiality (as described in IC 35-46-3-14);
         (B) a child less than twelve (12) years of age, or who
         appears to be a child less than twelve (12) years of age;
         (C) violence or a depiction of violence against a child,
         including sado-masochistic abuse (as defined in
         IC 35-49-1-8);
         (D) child molesting;
         (E) pecuniary gain by the person; or
         (F) distributing the visual depiction to a child less than
         eighteen (18) years of age with the intent of inducing,
         causing, or coercing the child to commit a criminal offense.
   (f) This section does not apply to a bona fide school, museum, or
public library that qualifies for certain property tax exemptions
under IC 6-1.1-10, or to an employee of such a school, museum, or
public library acting within the scope of the employee's
employment when the possession of the listed materials is for
legitimate scientific or educational purposes.
   (g) It is a defense to a prosecution under this section that:
      (1) the person is a school employee, a department of child
      services employee, or an attorney acting in the attorney's
      capacity as legal counsel for a client; and
      (2) the acts constituting the elements of the offense were
      performed solely within the scope of the person's employment
      as a school employee, a department of child services
      employee, or an attorney acting in the attorney's capacity as
      legal counsel for a client.
   (h) Except as provided in subsection (g), it is a defense to a
prosecution under this section if all of the following apply:
      (1) A cellular telephone, another wireless or cellular
      communications device, or a social networking website was
      used to possess, produce, or distribute the image.
      (2) The defendant is not more than four (4) years older or
      younger than the person who is depicted in the image or who
      received the image.
      (3) The relationship between the defendant and the person
      who received the image or who is depicted in the image was a
      dating relationship or an ongoing personal relationship. For
      purposes of this subdivision, the term "ongoing personal
HEA 1303 — Concur
                                 36
      relationship" does not include a family relationship.
      (4) The crime was committed by a person less than
      twenty-two (22) years of age.
      (5) The person receiving the image or who is depicted in the
      image acquiesced in the defendant's conduct.
   (i) The defense to a prosecution described in subsection (h) does
not apply if:
      (1) the person who receives the image distributes it to a
      person other than the person:
         (A) who sent the image; or
         (B) who is depicted in the image;
      (2) the image is of a person other than the person who sent the
      image or received the image; or
      (3) the distribution of the image violates:
         (A) a protective order to prevent domestic or family
         violence or harassment issued under IC 34-26-5 (or, if the
         order involved a family or household member, under
         IC 34-26-2 or IC 34-4-5.1-5 before their repeal);
         (B) an ex parte protective order issued under IC 34-26-5
         (or, if the order involved a family or household member,
         an emergency order issued under IC 34-26-2 or IC 34-4-5.1
         before their repeal);
         (C) a workplace violence restraining order issued under
         IC 34-26-6;
         (D) a no contact order in a dispositional decree issued
         under IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-19-6 (or
         IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an
         order issued under IC 31-32-13 (or IC 31-6-7-14 before its
         repeal) that orders the person to refrain from direct or
         indirect contact with a child in need of services or a
         delinquent child;
         (E) a no contact order issued as a condition of pretrial
         release, including release on bail or personal recognizance,
         or pretrial diversion, and including a no contact order
         issued under IC 35-33-8-3.6;
         (F) a no contact order issued as a condition of probation;
         (G) a protective order to prevent domestic or family
         violence issued under IC 31-15-5 (or IC 31-16-5 or
         IC 31-1-11.5-8.2 before their repeal);
         (H) a protective order to prevent domestic or family
         violence issued under IC 31-14-16-1 in a paternity action;
         (I) a no contact order issued under IC 31-34-25 in a child
HEA 1303 — Concur
                                37
         in need of services proceeding or under IC 31-37-25 in a
         juvenile delinquency proceeding;
         (J) an order issued in another state that is substantially
         similar to an order described in clauses (A) through (I);
         (K) an order that is substantially similar to an order
         described in clauses (A) through (I) and is issued by an
         Indian:
            (i) tribe;
            (ii) band;
            (iii) pueblo;
            (iv) nation; or
            (v) organized group or community, including an Alaska
            Native village or regional or village corporation as
            defined in or established under the Alaska Native Claims
            Settlement Act (43 U.S.C. 1601 et seq.);
         that is recognized as eligible for the special programs and
         services provided by the United States to Indians because
         of their special status as Indians;
         (L) an order issued under IC 35-33-8-3.2; or
         (M) an order issued under IC 35-38-1-30.
   (j) It is a defense to a prosecution under this section that:
      (1) the person was less than eighteen (18) years of age at the
      time the alleged offense was committed; and
      (2) the circumstances described in IC 35-45-4-6(a)(2) through
      IC 35-45-4-6(a)(4) apply.
   (k) A person is entitled to present the defense described in
subsection (j) in a pretrial hearing. If a person proves by a
preponderance of the evidence in a pretrial hearing that the
defense described in subsection (j) applies, the court shall dismiss
the charges under this section with prejudice.
   (l) It is a defense to a prosecution under this section that the
person:
      (1) possessed less than three (3) images prohibited by this
      section; and
      (2) promptly and in good faith, and without retaining or
      allowing any person, other than a law enforcement agency, to
      access a prohibited image or a copy of a prohibited image:
         (A) took reasonable steps to destroy each prohibited
         image; or
         (B) reported the matter to a law enforcement agency and
         afforded that agency access to each prohibited image.
   SECTION 32. IC 35-42-4-11, AS AMENDED BY P.L.142-2020,
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                                   38
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) As used in this section, and except as
provided in subsection (d), "offender against children" means a person
required to register as a sex or violent offender under IC 11-8-8 who
has been:
      (1) found to be a sexually violent predator under IC 35-38-1-7.5;
      or
      (2) convicted of one (1) or more of the following offenses:
         (A) Child molesting (IC 35-42-4-3).
         (B) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
         (IC 35-42-4-4).
         (C) Child solicitation (IC 35-42-4-6).
         (D) Child seduction (IC 35-42-4-7).
         (E) Kidnapping (IC 35-42-3-2), if the victim is less than
         eighteen (18) years of age, and the person is not the child's
         parent or guardian.
A person is an offender against children by operation of law if the
person meets the conditions described in subdivision (1) or (2) at any
time.
   (b) As used in this section, "reside" means to spend more than three
(3) nights in:
      (1) a residence; or
      (2) if the person does not reside in a residence, a particular
      location;
in any thirty (30) day period.
   (c) An offender against children who knowingly or intentionally:
      (1) resides within one thousand (1,000) feet of:
         (A) school property, not including property of an institution
         providing post-secondary education;
         (B) a youth program center;
         (C) a public park; or
         (D) a day care center licensed under IC 12-17.2;
      (2) establishes a residence within one (1) mile of the residence of
      the victim of the offender's sex offense; or
      (3) resides in a residence where a child care provider (as defined
      by IC 31-33-26-1) provides child care services;
commits a sex offender residency offense, a Level 6 felony.
   (d) This subsection does not apply to an offender against children
who has two (2) or more unrelated convictions for an offense described
in subsection (a). A person who is an offender against children may
petition the court to consider whether the person should no longer be
considered an offender against children. The person may file a petition
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                                   39
under this subsection not earlier than ten (10) years after the person is
released from incarceration or parole, whichever occurs last (or, if the
person is not incarcerated, not earlier than ten (10) years after the
person is released from probation). A person may file a petition under
this subsection not more than one (1) time per year. A court may
dismiss a petition filed under this subsection or conduct a hearing to
determine if the person should no longer be considered an offender
against children. If the court conducts a hearing, the court shall appoint
two (2) psychologists or psychiatrists who have expertise in criminal
behavioral disorders to evaluate the person and testify at the hearing.
After conducting the hearing and considering the testimony of the two
(2) psychologists or psychiatrists, the court shall determine whether the
person should no longer be considered an offender against children. If
a court finds that the person should no longer be considered an offender
against children, the court shall send notice to the department of
correction that the person is no longer considered an offender against
children.
    SECTION 33. IC 35-42-4-14, AS AMENDED BY P.L.218-2025,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 14. (a) As used in this section, "serious sex
offender" means a person required to register as a sex offender under
IC 11-8-8 who is:
      (1) found to be a sexually violent predator under IC 35-38-1-7.5;
      or
      (2) convicted of one (1) or more of the following offenses:
          (A) Child molesting (IC 35-42-4-3).
          (B) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
          (IC 35-42-4-4).
          (C) Possession of child sex abuse material (IC 35-42-4-4(d) or
          IC 35-42-4-4(e)) (before July 1, 2026), or a child sex abuse
          material offense under IC 35-42-4-4.5 (after June 30,
          2026).
          (D) Vicarious sexual gratification (IC 35-42-4-5(a) and
          IC 35-42-4-5(b)).
          (E) Performing sexual conduct in the presence of a minor
          (IC 35-42-4-5(c)).
          (F) Child solicitation (IC 35-42-4-6).
          (G) Child seduction (IC 35-42-4-7).
          (H) Sexual misconduct with a minor (IC 35-42-4-9).
    (b) A serious sex offender who knowingly or intentionally enters
school property commits unlawful entry by a serious sex offender, a
Level 6 felony.
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                                    40
   (c) It is a defense to a prosecution under subsection (b) that:
     (1) a religious institution or house of worship is located on the
     school property; and
     (2) the person:
          (A) enters the school property or other entity described in
          IC 35-31.5-2-285(1)(A) through IC 35-31.5-2-285(1)(D) when
          classes, extracurricular activities, or any other school activities
          are not being held:
            (i) for the sole purpose of attending worship services or
            receiving religious instruction; and
            (ii) not earlier than thirty (30) minutes before the beginning
            of the worship services or religious instruction; and
          (B) leaves the school property not later than thirty (30)
          minutes after the conclusion of the worship services or
          religious instruction.
   SECTION 34. IC 35-49-3-3, AS AMENDED BY P.L.218-2025,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) Except as provided in subsection (b) and
section 4 of this chapter, a person who knowingly or intentionally:
     (1) disseminates matter to minors that is harmful to minors (as
     described in IC 35-49-2);
     (2) displays matter that is harmful to minors in an area to which
     minors have visual, auditory, or physical access, unless each
     minor is accompanied by the minor's parent or guardian;
     (3) sells, rents, or displays for sale or rent to any person matter
     that is harmful to minors within five hundred (500) feet of the
     nearest property line of a school or church;
     (4) engages in or conducts a performance before minors that is
     harmful to minors;
     (5) engages in or conducts a performance that is harmful to
     minors in an area to which minors have visual, auditory, or
     physical access, unless each minor is accompanied by the minor's
     parent or guardian;
     (6) misrepresents the minor's age for the purpose of obtaining
     admission to an area from which minors are restricted because of
     the display of matter or a performance that is harmful to minors;
     or
     (7) misrepresents that the person is a parent or guardian of a
     minor for the purpose of obtaining admission of the minor to an
     area where minors are being restricted because of display of
     matter or performance that is harmful to minors;
commits a Level 6 felony.
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                                  41
   (b) This section does not apply if a person disseminates, displays,
or makes available the matter described in subsection (a) through the
Internet, computer electronic transfer, or a computer network unless:
     (1) the matter is obscene under IC 35-49-2-1;
     (2) the matter is child sex abuse material under IC 35-42-4-4;
     IC 35-42-4-4.5; or
     (3) the person distributes the matter to a child less than eighteen
     (18) years of age believing or intending that the recipient is a
     child less than eighteen (18) years of age.
   SECTION 35. IC 35-50-1-2, AS AMENDED BY P.L.218-2025,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) As used in this section, "crime of violence"
means the following:
     (1) Murder (IC 35-42-1-1).
     (2) Attempted murder (IC 35-41-5-1).
     (3) Voluntary manslaughter (IC 35-42-1-3).
     (4) Involuntary manslaughter (IC 35-42-1-4).
     (5) Reckless homicide (IC 35-42-1-5).
     (6) Battery (IC 35-42-2-1) as a:
         (A) Level 2 felony;
         (B) Level 3 felony;
         (C) Level 4 felony; or
         (D) Level 5 felony.
     (7) Domestic battery (IC 35-42-2-1.3) as a:
         (A) Level 2 felony;
         (B) Level 3 felony;
         (C) Level 4 felony; or
         (D) Level 5 felony.
     (8) Aggravated battery (IC 35-42-2-1.5).
     (9) Kidnapping (IC 35-42-3-2).
     (10) Rape (IC 35-42-4-1).
     (11) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
     (12) Child molesting (IC 35-42-4-3).
     (13) Sexual misconduct with a minor as a Level 1 felony under
     IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
     (14) Robbery as a Level 2 felony or a Level 3 felony
     (IC 35-42-5-1).
     (15) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
     or Level 4 felony (IC 35-43-2-1).
     (16) Operating a vehicle while intoxicated causing death or
     catastrophic injury (IC 9-30-5-5).
     (17) Operating a vehicle while intoxicated causing serious bodily
HEA 1303 — Concur
                                   42
      injury to another person (IC 9-30-5-4).
      (18) Child exploitation (IC 35-42-4-4). as a Level 5 felony under
      IC 35-42-4-4(b) or a Level 4 felony under IC 35-42-4-4(c).
      (19) Resisting law enforcement as a felony (IC 35-44.1-3-1).
      (20) Unlawful possession of a firearm by a serious violent felon
      (IC 35-47-4-5).
      (21) Strangulation (IC 35-42-2-9) as a Level 5 felony.
      (22) A child sexual abuse material offense (IC 35-42-4-4.5).
   (b) As used in this section, "episode of criminal conduct" means
offenses or a connected series of offenses that are closely related in
time, place, and circumstance.
   (c) Except as provided in subsection (e) or (f) the court shall
determine whether terms of imprisonment shall be served concurrently
or consecutively. The court may consider the:
      (1) aggravating circumstances in IC 35-38-1-7.1(a); and
      (2) mitigating circumstances in IC 35-38-1-7.1(b);
in making a determination under this subsection. The court may order
terms of imprisonment to be served consecutively even if the sentences
are not imposed at the same time. However, except for crimes of
violence, the total of the consecutive terms of imprisonment, exclusive
of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10
(before its repeal) to which the defendant is sentenced for felony or
misdemeanor convictions arising out of an episode of criminal conduct
shall not exceed the period described in subsection (d).
   (d) Except as provided in subsection (c), the total of the consecutive
terms of imprisonment to which the defendant is sentenced for
convictions arising out of an episode of criminal conduct may not
exceed the following:
      (1) If the most serious crime for which the defendant is sentenced
      is a Class C misdemeanor, the total of the consecutive terms of
      imprisonment may not exceed one (1) year.
      (2) If the most serious crime for which the defendant is sentenced
      is a Class B misdemeanor, the total of the consecutive terms of
      imprisonment may not exceed two (2) years.
      (3) If the most serious crime for which the defendant is sentenced
      is a Class A misdemeanor, the total of the consecutive terms of
      imprisonment may not exceed three (3) years.
      (4) If the most serious crime for which the defendant is sentenced
      is a Level 6 felony, the total of the consecutive terms of
      imprisonment may not exceed four (4) years.
      (5) If the most serious crime for which the defendant is sentenced
      is a Level 5 felony, the total of the consecutive terms of
HEA 1303 — Concur
                                  43
      imprisonment may not exceed seven (7) years.
      (6) If the most serious crime for which the defendant is sentenced
      is a Level 4 felony, the total of the consecutive terms of
      imprisonment may not exceed fifteen (15) years.
      (7) If the most serious crime for which the defendant is sentenced
      is a Level 3 felony, the total of the consecutive terms of
      imprisonment may not exceed twenty (20) years.
      (8) If the most serious crime for which the defendant is sentenced
      is a Level 2 felony, the total of the consecutive terms of
      imprisonment may not exceed thirty-two (32) years.
      (9) If the most serious crime for which the defendant is sentenced
      is a Level 1 felony, the total of the consecutive terms of
      imprisonment may not exceed forty-two (42) years.
   (e) If, after being arrested for one (1) crime, a person commits
another crime:
      (1) before the date the person is discharged from probation,
      parole, or a term of imprisonment imposed for the first crime; or
      (2) while the person is released:
          (A) upon the person's own recognizance; or
          (B) on bond;
the terms of imprisonment for the crimes shall be served consecutively,
regardless of the order in which the crimes are tried and sentences are
imposed.
   (f) If the factfinder determines under IC 35-50-2-11 that a person
used a firearm in the commission of the offense for which the person
was convicted, the term of imprisonment for the underlying offense and
the additional term of imprisonment imposed under IC 35-50-2-11
must be served consecutively.
   SECTION 36. IC 35-50-2-7, AS AMENDED BY P.L.218-2025,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) A person who commits a Class D felony (for
a crime committed before July 1, 2014) shall be imprisoned for a fixed
term of between six (6) months and three (3) years, with the advisory
sentence being one and one-half (1 1/2) years. In addition, the person
may be fined not more than ten thousand dollars ($10,000).
   (b) A person who commits a Level 6 felony (for a crime committed
after June 30, 2014) shall be imprisoned for a fixed term of between six
(6) months and two and one-half (2 1/2) years, with the advisory
sentence being one (1) year. In addition, the person may be fined not
more than ten thousand dollars ($10,000).
   (c) Notwithstanding subsections (a) and (b), if a person has
committed a Class D felony (for a crime committed before July 1,
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                                   44
2014) or a Level 6 felony (for a crime committed after June 30, 2014),
the court may enter judgment of conviction of a Class A misdemeanor
and sentence accordingly. However, the court shall enter a judgment of
conviction of a Class D felony (for a crime committed before July 1,
2014) or a Level 6 felony (for a crime committed after June 30, 2014)
if:
      (1) the court finds that:
         (A) the person has committed a prior, unrelated felony for
         which judgment was entered as a conviction of a Class A
         misdemeanor; and
         (B) the prior felony was committed less than three (3) years
         before the second felony was committed;
      (2) the offense is domestic battery as a Class D felony (for a crime
      committed before July 1, 2014) or a Level 6 felony (for a crime
      committed after June 30, 2014) under IC 35-42-2-1.3; or
      (3) the offense is possession of child sex abuse material
      (IC 35-42-4-4(d)) (before July 1, 2026) or a child sex abuse
      material offense under IC 35-42-4-4.5 (after June 30, 2026).
The court shall enter in the record, in detail, the reason for its action
whenever it exercises the power to enter judgment of conviction of a
Class A misdemeanor granted in this subsection.
    (d) Notwithstanding subsections (a) and (b), the sentencing court
may convert a Class D felony conviction (for a crime committed before
July 1, 2014) or a Level 6 felony conviction (for a crime committed
after June 30, 2014) to a Class A misdemeanor conviction if, after
receiving a verified petition as described in subsection (e) and after
conducting a hearing of which the prosecuting attorney has been
notified, the court makes the following findings:
      (1) The person is not a sex or violent offender (as defined in
      IC 11-8-8-5).
      (2) The person was not convicted of a Class D felony (for a crime
      committed before July 1, 2014) or a Level 6 felony (for a crime
      committed after June 30, 2014) that resulted in bodily injury to
      another person.
      (3) The person has not been convicted of perjury under
      IC 35-44.1-2-1 (or IC 35-44-2-1 before its repeal) or official
      misconduct under IC 35-44.1-1-1 (or IC 35-44-1-2 before its
      repeal).
      (4) The person has not been convicted of domestic battery as a
      Class D felony (for a crime committed before July 1, 2014) or a
      Level 6 felony (for a crime committed after June 30, 2014) under
      IC 35-42-2-1.3 in the fifteen (15) year period immediately
HEA 1303 — Concur
                                   45
       preceding the commission of the current offense.
       (5) At least three (3) years have passed since the person:
           (A) completed the person's sentence; and
           (B) satisfied any other obligation imposed on the person as
           part of the sentence;
       for the Class D or Level 6 felony.
       (6) The person has not been convicted of a felony since the
       person:
           (A) completed the person's sentence; and
           (B) satisfied any other obligation imposed on the person as
           part of the sentence;
       for the Class D or Level 6 felony.
       (7) No criminal charges are pending against the person.
    (e) A petition filed under subsection (d) or (f) must be verified and
set forth:
       (1) the crime the person has been convicted of;
       (2) the date of the conviction;
       (3) the date the person completed the person's sentence;
       (4) any obligations imposed on the person as part of the sentence;
       (5) the date the obligations were satisfied; and
       (6) a verified statement that there are no criminal charges pending
       against the person.
    (f) If a person whose Class D or Level 6 felony conviction has been
converted to a Class A misdemeanor conviction under subsection (d)
is convicted of a felony not later than five (5) years after the conversion
under subsection (d), a prosecuting attorney may petition a court to
convert the person's Class A misdemeanor conviction back to a Class
D felony conviction (for a crime committed before July 1, 2014) or a
Level 6 felony conviction (for a crime committed after June 30, 2014).
    SECTION 37. IC 35-50-6-3.3, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3.3. (a) In addition to any educational credit a
person earns under subsection (b), or good time credit a person earns
under section 3 or 3.1 of this chapter, a person earns educational credit
if the person:
       (1) is in credit Class I, Class A, or Class B;
       (2) has demonstrated a pattern consistent with rehabilitation; and
       (3) successfully completes requirements to obtain one (1) of the
       following:
           (A) A general educational development (GED) diploma under
           IC 20-20-6 (before its repeal) or IC 22-4.1-18, if the person
HEA 1303 — Concur
                                    46
          has not previously obtained a high school diploma.
          (B) Except as provided in subsection (o), a high school
          diploma, if the person has not previously obtained a general
          educational development (GED) diploma.
          (C) An associate degree from an approved postsecondary
          educational institution (as defined under IC 21-7-13-6(a))
          earned during the person's incarceration.
          (D) A bachelor bachelor's degree from an approved
          postsecondary educational institution (as defined under
          IC 21-7-13-6(a)) earned during the person's incarceration.
    (b) In addition to any educational credit that a person earns under
subsection (a), or good time credit a person earns under section 3 or 3.1
of this chapter, a person may earn educational credit if, while confined
by the department of correction, the person:
      (1) is in credit Class I, Class A, or Class B;
      (2) demonstrates a pattern consistent with rehabilitation; and
      (3) successfully completes requirements for at least one (1) of the
      following:
          (A) To obtain a certificate of completion of a career and
          technical or vocational education program approved by the
          department of correction.
          (B) To obtain a certificate of completion of a substance abuse
          program approved by the department of correction.
          (C) To obtain a certificate of completion of a literacy and basic
          life skills program approved by the department of correction.
          (D) To obtain a certificate of completion of a reformative
          program approved by the department of correction.
          (E) An individualized case management plan approved by the
          department of correction.
    (c) The department of correction shall establish admissions criteria
and other requirements for programs available for earning educational
credit under subsection (b). A person may not earn educational credit
under this section for the same program of study. The department of
correction, in consultation with the department of workforce
development, shall approve a program only if the program is likely to
lead to an employable occupation.
    (d) The amount of educational credit a person may earn under this
section is the following:
      (1) Six (6) months for completion of a state of Indiana general
      educational development (GED) diploma under IC 20-20-6
      (before its repeal) or IC 22-4.1-18.
      (2) One (1) year for graduation from high school.
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                                  47
      (3) Not more than one (1) year for completion of an associate
      degree.
      (4) Not more than two (2) years for completion of a bachelor
      bachelor's degree.
      (5) Not more than a total of one (1) year, as determined by the
      department of correction, for the completion of one (1) or more
      career and technical or vocational education programs approved
      by the department of correction.
      (6) Not more than a total of six (6) months, as determined by the
      department of correction, for the completion of one (1) or more
      substance abuse programs approved by the department of
      correction.
      (7) Not more than a total of six (6) months, as determined by the
      department of correction, for the completion of one (1) or more
      literacy and basic life skills programs approved by the department
      of correction.
      (8) Not more than a total of six (6) months, as determined by the
      department of correction, for completion of one (1) or more
      reformative programs approved by the department of correction.
      However, a person who is serving a sentence for an offense listed
      under IC 11-8-8-4.5 may not earn educational credit under this
      subdivision.
      (9) An amount determined by the department of correction under
      a policy adopted by the department of correction concerning the
      individualized case management plan, not to exceed the
      maximum amount described in subsection (j).
However, a person who does not have a substance abuse problem that
qualifies the person to earn educational credit in a substance abuse
program may earn not more than a total of twelve (12) months of
educational credit, as determined by the department of correction, for
the completion of one (1) or more career and technical or vocational
education programs approved by the department of correction. If a
person earns more than six (6) months of educational credit for the
completion of one (1) or more career and technical or vocational
education programs, the person is ineligible to earn educational credit
for the completion of one (1) or more substance abuse programs.
   (e) Educational credit earned under this section must be directly
proportional to the time served and course work completed while
incarcerated. The department of correction shall adopt rules under
IC 4-22-2 necessary to implement this subsection.
   (f) Educational credit earned by a person under this section is
subtracted from the release date that would otherwise apply to the
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                                   48
person by the sentencing court after subtracting all other credit time
earned by the person.
   (g) A person does not earn educational credit under subsection (a)
unless the person completes at least a portion of the degree
requirements after June 30, 1993.
   (h) A person does not earn educational credit under subsection (b)
unless the person completes at least a portion of the program
requirements after June 30, 1999.
   (i) Educational credit earned by a person under subsection (a) for a
diploma or degree completed before July 1, 1999, shall be subtracted
from:
      (1) the release date that would otherwise apply to the person after
      subtracting all other credit time earned by the person, if the
      person has not been convicted of an offense described in
      subdivision (2); or
      (2) the period of imprisonment imposed on the person by the
      sentencing court, if the person has been convicted of one (1) of
      the following crimes:
         (A) Rape (IC 35-42-4-1).
         (B) Criminal deviate conduct (IC 35-42-4-2) (before its
         repeal).
         (C) Child molesting (IC 35-42-4-3).
         (D) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
         (IC 35-42-4-4).
         (E) Vicarious sexual gratification (IC 35-42-4-5).
         (F) Child solicitation (IC 35-42-4-6).
         (G) Child seduction (IC 35-42-4-7).
         (H) Sexual misconduct with a minor (IC 35-42-4-9) as a:
            (i) Class A felony, Class B felony, or Class C felony for a
            crime committed before July 1, 2014; or
            (ii) Level 1, Level 2, or Level 4 felony, for a crime
            committed after June 30, 2014.
         (I) Incest (IC 35-46-1-3).
         (J) Sexual battery (IC 35-42-4-8).
         (K) Kidnapping (IC 35-42-3-2), if the victim is less than
         eighteen (18) years of age.
         (L) Criminal confinement (IC 35-42-3-3), if the victim is less
         than eighteen (18) years of age.
   (j) The maximum amount of educational credit a person may earn
under this section is the lesser of:
      (1) two (2) years; or
      (2) one-third (1/3) of the person's total applicable credit time.
HEA 1303 — Concur
                                   49
    (k) Educational credit earned under this section by an offender
serving a sentence for stalking (IC 35-45-10-5), a felony against a
person under IC 35-42, or for a crime listed in IC 11-8-8-5, shall be
reduced to the extent that application of the educational credit would
otherwise result in:
       (1) postconviction release (as defined in IC 35-40-4-6); or
       (2) assignment of the person to a community transition program;
in less than forty-five (45) days after the person earns the educational
credit.
    (l) A person may earn educational credit for multiple degrees at the
same education level under subsection (d) only in accordance with
guidelines approved by the department of correction. The department
of correction may approve guidelines for proper sequence of education
degrees under subsection (d).
    (m) A person may not earn educational credit:
       (1) for a general educational development (GED) diploma if the
       person has previously earned a high school diploma; or
       (2) for a high school diploma if the person has previously earned
       a general educational development (GED) diploma.
    (n) A person may not earn educational credit under this section if
the person:
       (1) commits an offense listed in IC 11-8-8-4.5 while the person is
       required to register as a sex or violent offender under IC 11-8-8-7;
       and
       (2) is committed to the department of correction after being
       convicted of the offense listed in IC 11-8-8-4.5.
    (o) For a person to earn educational credit under subsection
(a)(3)(B) for successfully completing the requirements for a high
school diploma through correspondence courses, each correspondence
course must be approved by the department before the person begins
the correspondence course. The department may approve a
correspondence course only if the entity administering the course is
recognized and accredited by the department of education in the state
where the entity is located.
    (p) The department of correction shall, before May 1, 2023, submit
a report to the legislative council, in an electronic format under
IC 5-14-6, concerning the implementation of the individualized case
management plan. The report must include the following:
       (1) The ratio of case management staff to offenders participating
       in the individualized case management plan as of January 1, 2023.
       (2) The average number of days awarded to offenders
       participating in the individualized case management plan from
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                                50
   January 1, 2022, through December 31, 2022.
   (3) The percentage of the prison population currently participating
   in an individualized case management plan as of January 1, 2023.
   (4) Any other data points or information related to the status of
   the implementation of the individualized case management plan.
  This subsection expires June 30, 2023.
  SECTION 38. An emergency is declared for this act.
HEA 1303 — Concur
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date:  Time:
HEA 1303 — Concur