SB 280

                                                            Introduced Version
           SENATE BILL No. 280
                 _____
               DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-31.5-2-152.5; IC 35-42-2-1; IC 35-45-16.
Synopsis: Crimes relating to bodily fluids and bodily waste. Removes
certain sentencing enhancements for battery and malicious mischief
that relate to human immunodeficiency virus (HIV). Amends the
sentencing enhancement for battery against a public safety officer that
relates to HIV.
Effective: July 1, 2026.
                                  Glick
   January 12, 2026, read first time and referred to Committee on Corrections and Criminal
Law.
2026  IN 280—LS 7121/DI 147
                                                                                       Introduced
            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,
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 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   SENATE BILL No. 280
    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 IC 35-31.5-2-152.5 IS REPEALED [EFFECTIVE
2 JULY 1, 2026]. Sec. 152.5. "HIV", for purposes of IC 35-45-16, has the
3 meaning set forth in IC 35-45-16-1.
4    SECTION 2. IC 35-42-2-1, AS AMENDED BY P.L.148-2024,
5 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2026]: Sec. 1. (a) As used in this section, "public safety
7 official" means:
8(1) a law enforcement officer, including an alcoholic beverage
9enforcement officer;
10(2) an employee of a penal facility or a juvenile detention facility
11(as defined in IC 31-9-2-71);
12(3) an employee of the department of correction;
13(4) a probation officer;
14(5) a parole officer;
15(6) a community corrections worker;
16(7) a home detention officer;
17(8) a department of child services employee;
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1      (9) a firefighter;
2      (10) an emergency medical services provider;
3      (11) a judicial officer;
4      (12) a bailiff of any court; or
5      (13) a special deputy (as described in IC 36-8-10-10.6).
6    (b) As used in this section, "relative" means an individual related by
7 blood, half-blood, adoption, marriage, or remarriage, including:
8      (1) a spouse;
9      (2) a parent or stepparent;
10      (3) a child or stepchild;
11      (4) a grandchild or stepgrandchild;
12      (5) a grandparent or stepgrandparent;
13      (6) a brother, sister, stepbrother, or stepsister;
14      (7) a niece or nephew;
15      (8) an aunt or uncle;
16      (9) a daughter-in-law or son-in-law;
17      (10) a mother-in-law or father-in-law; or
18      (11) a first cousin.
19    (c) Except as provided in subsections (d) through (k), a person who
20 knowingly or intentionally:
21      (1) touches another person in a rude, insolent, or angry manner;
22      or
23      (2) in a rude, insolent, or angry manner places any bodily fluid or
24      waste on another person;
25 commits battery, a Class B misdemeanor.
26    (d) The offense described in subsection (c)(1) or (c)(2) is a Class A
27 misdemeanor if it:
28      (1) results in bodily injury to any other person; or
29      (2) is committed against a member of a foster family home (as
30      defined in IC 35-31.5-2-139.3) by a person who is not a resident
31      of the foster family home if the person who committed the offense
32      is a relative of a person who lived in the foster family home at the
33      time of the offense.
34    (e) The offense described in subsection (c)(1) or (c)(2) is a Level 6
35 felony if one (1) or more of the following apply:
36      (1) The offense results in moderate bodily injury to any other
37      person.
38      (2) The offense is committed against a public safety official while
39      the official is engaged in the official's official duty, unless the
40      offense is committed by a person detained or committed under
41      IC 12-26.
42      (3) The offense is committed against a person less than fourteen
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1(14) years of age and is committed by a person at least eighteen
2(18) years of age.
3(4) The offense is committed against a person of any age who has
4a mental or physical disability and is committed by a person
5having the care of the person with the mental or physical
6disability, whether the care is assumed voluntarily or because of
7a legal obligation.
8(5) The offense is committed against an endangered adult (as
9defined in IC 12-10-3-2).
10(6) The offense:
11(A) is committed against a member of a foster family home (as
12defined in IC 35-31.5-2-139.3) by a person who is not a
13resident of the foster family home if the person who committed
14the offense is a relative of a person who lived in the foster
15family home at the time of the offense; and
16(B) results in bodily injury to the member of the foster family.
17    (f) The offense described in subsection (c)(2) is a Level 6 felony if
18 the person knew or recklessly failed to know that the bodily fluid or
19 waste placed on another person was infected with hepatitis or
20 tuberculosis. or human immunodeficiency virus.
21    (g) The offense described in subsection (c)(1) or (c)(2) is a Level 5
22 felony if one (1) or more of the following apply:
23(1) The offense results in serious bodily injury to another person.
24(2) The offense is committed with a deadly weapon.
25(3) The offense results in bodily injury to a pregnant woman if the
26person knew of the pregnancy.
27(4) The person has a previous conviction for a battery or
28strangulation offense included in this chapter against the same
29victim.
30(5) The offense results in bodily injury to one (1) or more of the
31following:
32(A) A public safety official while the official is engaged in the
33official's official duties, unless the offense is committed by a
34person detained or committed under IC 12-26.
35(B) A person less than fourteen (14) years of age if the offense
36is committed by a person at least eighteen (18) years of age.
37(C) A person who has a mental or physical disability if the
38offense is committed by an individual having care of the
39person with the disability, regardless of whether the care is
40assumed voluntarily or because of a legal obligation.
41(D) An endangered adult (as defined in IC 12-10-3-2).
42    (h) The offense described in subsection (c)(2) is a Level 5 felony if:
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1(1) the person:
2(A) knew or recklessly failed to know that the bodily fluid or
3waste placed on another person was infected with hepatitis or
4tuberculosis; or human immunodeficiency virus; and
5(B) knew that the body fluid (as defined in
6IC 35-45-16-2(a)(1)) placed on another person was infected
7with the human immunodeficiency virus and, based on
8expert medical testimony, the manner in which the body
9fluid was placed on the person created a substantial risk of
10transmission; and
11(2) the person placed the bodily fluid or waste on a public safety
12official, unless the offense is committed by a person detained or
13committed under IC 12-26.
14    (i) The offense described in subsection (c)(1) or (c)(2) is a Level 4
15 felony if it results in serious bodily injury to an endangered adult (as
16 defined in IC 12-10-3-2).
17    (j) The offense described in subsection (c)(1) or (c)(2) is a Level 3
18 felony if it results in serious bodily injury to a person less than fourteen
19 (14) years of age if the offense is committed by a person at least
20 eighteen (18) years of age.
21    (k) The offense described in subsection (c)(1) or (c)(2) is a Level 2
22 felony if it results in the death of one (1) or more of the following:
23(1) A person less than fourteen (14) years of age if the offense is
24committed by a person at least eighteen (18) years of age.
25(2) An endangered adult (as defined in IC 12-10-3-2).
26    SECTION 3. IC 35-45-16-1 IS REPEALED [EFFECTIVE JULY 1,
27 2026]. Sec. 1. As used in this chapter, "HIV" refers to the human
28 immunodeficiency virus.
29    SECTION 4. IC 35-45-16-2, AS AMENDED BY P.L.158-2013,
30 SECTION 545, IS AMENDED TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2026]: Sec. 2. (a) As used in this section, "body
32 fluid" means:
33(1) blood;
34(2) saliva;
35(3) sputum;
36(4) semen;
37(5) vaginal secretions;
38(6) human milk;
39(7) urine;
40(8) sweat;
41(9) tears;
42(10) any other liquid produced by the body; or
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1(11) any aerosol generated form of liquids listed in this
2subsection.
3     (b) As used in this section, "infectious hepatitis" means:
4(1) hepatitis A;
5(2) hepatitis B;
6(3) hepatitis C;
7(4) hepatitis D;
8(5) hepatitis E; or
9(6) hepatitis G.
10     (c) A person who recklessly, knowingly, or intentionally places
11 human:
12(1) body fluid; or
13(2) fecal waste;
14 in a location with the intent that another person will involuntarily touch
15 the body fluid or fecal waste commits malicious mischief, a Class B
16 misdemeanor.
17     (d) An offense described in subsection (c) is a:
18(1) Level 6 felony if the person knew or recklessly failed to know
19that the body fluid or fecal waste was infected with:
20(A) infectious hepatitis; or
21(B) HIV; or
22(C) (B) tuberculosis; and
23(2) Level 5 felony if:
24(A) the person knew or recklessly failed to know that the body
25fluid or fecal waste was infected with infectious hepatitis and
26the offense results in the transmission of infectious hepatitis to
27the other person; or
28(B) the person knew or recklessly failed to know that the body
29fluid or fecal waste was infected with tuberculosis and the
30offense results in the transmission of tuberculosis to the other
31person. and
32(3) Level 4 felony if:
33(A) the person knew or recklessly failed to know that the body
34fluid or fecal waste was infected with HIV; and
35(B) the offense results in the transmission of HIV to the other
36person.
37     (e) A person who recklessly, knowingly, or intentionally places
38 human:
39(1) body fluid; or
40(2) fecal waste;
41 in a location with the intent that another person will ingest the body
42 fluid or fecal waste commits malicious mischief with food, a Class A
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1 misdemeanor.
2   (f) An offense described in subsection (e) is:
3      (1) a Level 6 felony if the person knew or recklessly failed to
4      know that the body fluid or fecal waste was infected with:
5(A) infectious hepatitis; or
6(B) HIV; or
7(C) (B) tuberculosis; and
8      (2) a Level 5 felony if:
9(A) the person knew or recklessly failed to know that the body
10fluid or fecal waste was infected with infectious hepatitis and
11the offense results in the transmission of infectious hepatitis to
12the other person; or
13(B) the person knew or recklessly failed to know that the body
14fluid or fecal waste was infected with tuberculosis and the
15offense results in the transmission of tuberculosis to the other
16person. and
17      (3) a Level 4 felony if:
18(A) the person knew or recklessly failed to know that the body
19fluid or fecal waste was infected with HIV; and
20(B) the offense results in the transmission of HIV to the other
21person.
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