HB 1432

                                               *HB1432.1*
                                                               January 20, 2026
           HOUSE BILL No. 1432
                 _____
  DIGEST OF HB 1432 (Updated January 14, 2026 1:09 pm - DI 106)
Citations Affected: IC 35-36.
Synopsis: Death sentence and intellectual disabilities. Establishes a
procedure to determine pretrial whether a defendant in a death penalty
case has an intellectual disability.
Effective: July 1, 2026.
   Bascom, Zimmerman, Greene
   January 8, 2026, read first time and referred to Committee on Courts and Criminal Code.
   January 20, 2026, amended, reported — Do Pass.
HB 1432—LS 7043/DI 106
                                                                             January 20, 2026
            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 BILL No. 1432
    A BILL FOR AN ACT to amend the Indiana Code concerning
 criminal law and procedure.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 35-36-9-2.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2026]: Sec. 2.5. (a) After the state has filed the charging
4 instrument under IC 35-50-2-9(a) that seeks a death sentence, the
5 court shall appoint two (2) or three (3) competent disinterested:
6(1) psychiatrists;
7(2) psychologists endorsed by the state psychology board as
8health service providers in psychology; or
9(3) physicians;
10 who have expertise in diagnosing and treating intellectual
11 disabilities. At least one (1) person appointed under this subsection
12 must be a psychiatrist and at least one (1) person appointed under
13 this subsection must be a psychologist.
14    (b) The persons appointed under subsection (a) shall examine
15 the defendant and each shall prepare a separate written evaluation
16 for the purpose of providing evidence of the following:
17(1) Whether the defendant has a significantly subaverage level
 HB 1432—LS 7043/DI 106
                                    2
1of intellectual functioning.
2(2) Whether the defendant's adaptive behavior is substantially
3impaired.
4(3) Whether the conditions described in subdivisions (1) and
5(2) existed before the defendant became twenty-two (22) years
6of age.
7     (c) After all written evaluations have been completed, each
8 person appointed under subsection (a) shall:
9(1) transmit a copy their evaluation to the defendant; and
10(2) notify the court that they have transmitted a copy of their
11evaluation to the defendant.
12     SECTION 2. IC 35-36-9-3, AS AMENDED BY P.L.117-2015,
13 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2026]: Sec. 3. (a) The defendant may file a petition alleging
15 that the defendant is an individual with an intellectual disability not
16 later than thirty (30) days after receipt of all evaluations described
17 in section 2.5 of this chapter.
18     (b) The petition must be filed not later than twenty (20) days before
19 the omnibus date.
20     (c) Whenever the defendant files a petition under this section, the
21 court shall order an evaluation of the defendant for the purpose of
22 providing evidence of the following:
23(1) Whether the defendant has a significantly subaverage level of
24intellectual functioning.
25(2) Whether the defendant's adaptive behavior is substantially
26impaired.
27(3) Whether the conditions described in subdivisions (1) and (2)
28existed before the defendant became twenty-two (22) years of age.
29     (b) If the defendant elects not to file a petition alleging that the
30 defendant is an individual with a disability, the intellectual
31 disability evaluations and any other evidence produced as a result
32 of the examination of the defendant are privileged and inadmissible
33 at trial by either party for any purpose.
34     (c) If the defendant files a petition alleging that the defendant is
35 an individual with a disability the court shall:
36(1) order the persons who conducted the examinations of the
37defendant under section 2.5 of this chapter to transmit a copy
38of their evaluations to the court and to the appropriate
39prosecuting attorney; and
40(2) set the matter for hearing.
41     SECTION 3. IC 35-36-9-4, AS AMENDED BY P.L.117-2015,
42 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
 HB 1432—LS 7043/DI 106
                                     3
1 JULY 1, 2026]: Sec. 4. (a) The court shall conduct a The persons who
2 examined the defendant under section 2.5 of this chapter shall
3 testify at the hearing on the a petition filed under this chapter
4     (b) At the hearing, the defendant must prove by clear and
5 convincing evidence that the defendant is an individual with an
6 intellectual disability.
7     SECTION 4. IC 35-36-9-5, AS AMENDED BY P.L.117-2015,
8 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2026]: Sec. 5. Not later than ten (10) days before the initial
10 trial date, The court shall determine before trial whether the defendant
11 is an individual with an intellectual disability based on the evidence set
12 forth at the hearing under section 4 of this chapter. The court shall
13 articulate findings supporting the court's determination under this
14 section.
 HB 1432—LS 7043/DI 106
                               4
                   COMMITTEE REPORT
   Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred House Bill 1432, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
   Delete everything after the enacting clause and insert the following:
                    (SEE TEXT OF BILL)
and when so amended that said bill do pass.
   (Reference is to HB 1432 as introduced.)
                                                    MCNAMARA
Committee Vote: yeas 13, nays 0.
HB 1432—LS 7043/DI 106