February 22, 2005
HOUSE BILL No. 1145
DIGEST OF HB 1145
(Updated February 21, 2005 6:00 pm - DI 73)
Citations Affected: IC 10-13; IC 24-4.
Synopsis: Regulation of teen clubs. Provides that cities, towns, and
counties may require: (1) licensing of teen clubs; (2) criminal history
background checks of owners and employees of teen clubs; (3)
statements concerning the criminal background of employees; (4) age
restrictions for individuals who may enter teen clubs; and (5)
restrictions on the hours of operation of a teen club.
Effective: July 1, 2005.
January 6, 2005, read first time and referred to Committee on Local Government.
February 15, 2005, amended, reported _ Do Pass.
February 21, 2005, read second time, amended, ordered engrossed.
February 22, 2005
First Regular Session 114th General Assembly (2005)
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between statutes enacted by the 2004 Regular Session of the General Assembly.
HOUSE BILL No. 1145
A BILL FOR AN ACT to amend the Indiana Code concerning trade
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 10-13-3-27; (05)HB1145.2.1. -->
SECTION 1. IC 10-13-3-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 27. (a) Except as
provided in subsection (b), on request, law enforcement agencies shall
release or allow inspection of a limited criminal history to 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 applied for a license and 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
(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
(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) has volunteered services at a public school (as defined in
IC 20-10.1-1-2) or nonpublic school (as defined in
IC 20-10.1-1-3) that involve contact with, care of, or supervision
over a student enrolled in the school;
(10) is being investigated for welfare fraud by an investigator of
the division of family and children or a county office of family
(11) is being sought by the parent locator service of the child
support bureau of the division of family and children;
(12) is or was required to register as a sex and violent offender
under IC 5-2-12;
(13) has been convicted of any of the following:
(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), 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)).
(E) Possession of child pornography (IC 35-42-4-4(c)).
(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; or
(14) is an owner or employee (as defined in IC 24-4-14-1) of a
teen club (as defined in IC 24-4-14-2) that is regulated by a
city, town, or county that has adopted an ordinance under
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
(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
(A) Employment with a state or local governmental entity.
(3) Segments of the securities industry identified under 15 U.S.C.
(c) Any person who uses limited criminal history for any purpose
not specified under this section commits a Class A misdemeanor.
SOURCE: IC 24-4-14; (05)HB1145.2.2. -->
SECTION 2. IC 24-4-14 IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 14. Regulation of Teen Clubs
Sec. 1. As used in this chapter, "employee" means a person
employed or permitted to work or perform any service in a teen
club for remuneration or under any contract of hire, written or
oral, express or implied, by an owner of a teen club.
Sec. 2. As used in this chapter, "teen club" means a for-profit
(1) is open to the public for the primary purpose of:
(A) offering an individual who is under the legal age for
purchasing or consuming alcoholic beverages an
opportunity to engage in social activities; and
(B) providing entertainment, food, or nonalcoholic
beverages for a profit; and
(2) does not serve alcoholic beverages.
Sec. 3. A city, town, or county may adopt an ordinance to
regulate a teen club and impose one (1) or more of the following:
(1) A requirement that a teen club be licensed.
(2) A requirement that an owner or employee of a teen club
submit to a criminal history check.
(3) A requirement that an owner of a teen club require, and
provide to third parties upon request, a statement from each
employee that the employee has not been convicted of a felony
or a crime involving children.
(4) An age restriction for individuals who may enter a teen
(5) A restriction on the hours of operation of a teen club.