Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-2-5-1, AS AMENDED BY P.L.238-2001,
SECTION 1, AS AMENDED BY P.L.272-2001, SECTION 1, AND
AS AMENDED BY P.L.280-2001, SECTION 1, IS AMENDED AND
CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2002]: Sec. 1. The following definitions apply throughout this chapter:
(1) "Limited criminal history" means information with respect to
any arrest indictment, information, or other formal criminal
charge, which must include a disposition. However, information
about any arrest indictment, information, or other formal criminal
charge which occurred less than one (1) year before the date of a
request shall be considered a limited criminal history even if no
disposition has been entered.
(2) "Bias crime" means an offense in which the person who
committed the offense knowingly or intentionally:
(A) selected the person who was injured; or
(B) damaged or otherwise affected property;
by the offense because of the color, creed, disability, national
origin, race, religion, or sexual orientation of the injured person
or of the owner or occupant of the affected property or because
the injured person or owner or occupant of the affected property
was associated with any other recognizable group or affiliation.
(3) "Care" means the provision of care, treatment, education,
training, instruction, supervision, or recreation to children less
than eighteen (18) years of age.
(4) "Council" means the security and privacy council created
under section 11 of this chapter.
(4) (5) "Criminal history data" means information collected by
criminal justice agencies, the United States Department of Justice
for the department's information system, or individuals. The term
consists of the following:
(A) Identifiable descriptions and notations of arrests,
indictments, informations, or other formal criminal charges.
(B) Information regarding an a sex and violent offender (as
defined in IC 5-2-12-4) obtained through sex and violent
offender registration under IC 5-2-12.
(C) Any disposition, including sentencing, and correctional
system intake, transfer, and release.
(6) "Certificated employee" has the meaning set forth in
IC 20-7.5-1-2.
(5) (7) "Criminal justice agency" means any agency or department
of any level of government whose principal function is the
apprehension, prosecution, adjudication, incarceration, probation,
rehabilitation, or representation of criminal offenders, the location
of parents with child support obligations under 42 U.S.C. 653, the
licensing and regulating of riverboat gambling operations, or the
licensing and regulating of pari-mutuel horse racing operations.
The term includes the Medicaid fraud control unit for the purpose
of investigating offenses involving Medicaid. The term includes
a nongovernmental entity that performs as its principal function
the:
(A) apprehension, prosecution, adjudication, incarceration, or
rehabilitation of criminal offenders;
(B) location of parents with child support obligations under 42
U.S.C. 653;
(C) licensing and regulating of riverboat gambling operations;
or
(D) licensing and regulating of pari-mutuel horse racing
operations;
under a contract with an agency or department of any level of
government.
(6) (8) "Department" means the state police department.
(7) (9) "Disposition" means information disclosing that criminal
proceedings have been concluded or indefinitely postponed.
(8) "Foreign protection order" has the meaning set forth in
IC 34-6-2-48.5.
(9) "Indiana order" has the meaning set forth in IC 5-2-9-2.1.
(8) (10) "Inspection" means visual perusal and includes the right
to make memoranda abstracts of the information.
(9) (11) "Institute" means the Indiana criminal justice institute
established under IC 5-2-6.
(10) (12) "Law enforcement agency" means an agency or a
department of any level of government whose principal function
is the apprehension of criminal offenders.
(13) "National criminal history background check" means the
criminal history record system maintained by the Federal Bureau
of Investigation based on fingerprint identification or any other
method of positive identification.
(14) "No contact order" means an order that prohibits a
person from having direct or indirect contact with another
person and that is issued under:
(A) IC 31-32-13;
(B) IC 31-34-17;
(C) IC 31-34-20;
(D) IC 31-37-16;
(E) IC 31-37-19-1;
(F) IC 31-37-19-6;
(G) IC 33-14-1-7;
(H) IC 35-33-8-3.2; or
(I) IC 35-38-2-2.3.
(14) (15) "Noncertificated employee" has the meaning set forth
in IC 20-7.5-1-2.
(11) (15) (16) "Protective order" has the meaning set forth in
IC 5-2-9-2.1. The term includes a foreign protection order (as
defined in IC 34-6-2-48.5).
(16) (17) "Qualified entity" means a business or an organization,
whether public, private, for-profit, nonprofit, or voluntary, that
provides care or care placement services, including a business or
an organization that licenses or certifies others to provide care
or care placement services.
(12) (13) (17) (18) "Release" means the furnishing of a copy or an
edited copy of criminal history data.
(13) (14) (18) (19) "Reportable offenses" means all felonies and
those Class A misdemeanors which the superintendent may
designate.
(14) (15) (19) (20) "Request" means the asking for release or
inspection of a limited criminal history by noncriminal justice
organizations or individuals in a manner which:
(A) reasonably ensures the identification of the subject of the
inquiry; and
(B) contains a statement of the purpose for which the
information is requested.
(20) (21) "School corporation" has the meaning set forth in
IC 20-10.1-1-1.
(21) (22) "Special education cooperative" has the meaning set
forth in IC 20-1-6-20.
(15) (16) (22) (23) "Unidentified person" means a deceased or
mentally incapacitated person whose identity is unknown.
(24) "Workplace violence restraining order" means an order
issued under IC 34-26-6.
SECTION 2. IC 5-2-5-12, AS AMENDED BY P.L.280-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 12. (a) On a daily basis, all law enforcement
agencies shall enter into the Indiana data and communication system
(IDACS) computer the following:
(1) All information concerning stolen or recovered property,
including:
(A) motor vehicles;
(B) firearms;
(C) securities;
(D) boats;
(E) license plates; and
(F) other stolen or recovered property.
(2) All information concerning fugitives charged with a crime,
including information concerning extradition.
(3) All information concerning runaways, missing and
unidentified persons, and missing children (as defined in
IC 10-1-7-2), including information concerning the release of
such persons to the custody of a parent or guardian.
(4) Information contained in an Indiana a protective order,
including any modifications or extensions issued by a court and
filed with a law enforcement agency as required in IC 5-2-9-6(f).
(5) Information contained in a foreign protection order, including
any modifications or extensions issued by a tribunal and filed with
a law enforcement agency as required in IC 5-2-9-6.3.
(b) On a daily basis, all law enforcement agencies shall:
(1) enter all information concerning missing children (as defined
in IC 10-1-7-2) into the National Crime Information Center's
Missing Person File;
peace of the petitioner;
(3) a temporary restraining protective order issued under
IC 31-15-4-3(2) or IC 31-15-4-3(3) IC 31-16-4-2-(a)(2), or
IC 31-16-4-2(a)(3) IC 31-15-4-1 (or IC 31-1-11.5-7(b)(2), or
IC 31-1-11.5-7(b)(3), IC 31-16-4-2(a)(2), or IC 31-16-4-2(a)(3)
before their repeal); that orders the respondent to refrain from
abusing, harassing, or disturbing the peace of the petitioner;
(4) a dispositional decree containing a no contact order issued
under IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-19-5
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 containing a no contact order issued under
IC 31-32-13 (or IC 31-6-7-14 before its repeal); that orders a
person to refrain from direct or indirect contact with a child in
need of services or a delinquent child;
(5) an a no contact order issued as a condition of pretrial release,
including release on bail or personal recognizance, or pretrial
diversion; that orders a person to refrain from any direct or
indirect contact with another person;
(6) an a no contact order issued as a condition of probation; that
orders a person to refrain from any direct or indirect contact with
another person;
(7) a protective order issued under IC 31-15-5 or IC 31-16-5
IC 31-15-5-1 (or IC 31-1-11.5-8.2 or IC 31-16-5 before its their
repeal); that orders the respondent to refrain from abusing,
harassing, or disturbing the peace of the petitioner;
(8) a protective order issued under IC 31-14-16 IC 31-14-16-1 in
a paternity action; that orders the respondent to refrain from
having direct or indirect contact with another person; or
(9) a protective no contact order issued under IC 31-34-17
IC 31-34-25 in a child in need of services proceeding or under
IC 31-37-16 IC 31-37-25 in a juvenile delinquency proceeding;
that orders the respondent to refrain from having direct or indirect
contact with a child; or
(10) an order issued by a court in Indiana under IC 34-26-2.5-4
to enforce a foreign protection order. a workplace violence
restraining order issued under IC 34-26-6.
(b) Whenever an Indiana a protective order, no contact order, or
workplace violence restraining order is issued by an Indiana court,
the Indiana court must caption the order must be captioned in a
manner that indicates the type of order issued and the section of the
Indiana Code that authorizes the protective order, no contact order, or
workplace violence restraining order. The Indiana court shall also
place on the order the court's hours of operation and telephone
number with area code.
SECTION 4. IC 5-2-9-5, AS AMENDED BY P.L.280-2001,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 5. A depository is established in the office of each
sheriff and law enforcement agency in Indiana for the purpose of
collecting, maintaining, and retaining the following:
(1) Indiana Protective orders.
(2) Foreign protection No contact orders.
(3) Workplace violence restraining orders.
SECTION 5. IC 5-2-9-6, AS AMENDED BY P.L.280-2001,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 6. (a) The clerk of a court that issues an Indiana
a protective order, no contact order, or workplace violence
restraining order shall provide a copy of the Indiana order to the
following:
(1) Each party.
(2) A law enforcement agency of the municipality in which the
person protected by the Indiana protective order, no contact
order, or workplace violence restraining order resides.
(3) If the person protected by the Indiana protective order, no
contact order, or workplace violence restraining order does not
reside in a municipality, the sheriff of the county in which the
protected person resides.
(b) The clerk of a court that issues an Indiana a protective order,
no contact order, or workplace violence restraining order or the
clerk of a court in which a petition is filed shall:
(1) maintain a confidential file to secure any confidential
information about a protected person designated on a uniform
statewide form prescribed by the division of state court
administration; and
(2) provide a copy of the confidential form that accompanies the
Indiana protective order, no contact order, or workplace
violence restraining order to the following:
(A) The sheriff of the county in which the Indiana protective
order, no contact order, or workplace violence restraining
order was issued.
(B) The law enforcement agency of the municipality, if any, in
which the protected person resides.
(C) Any other sheriff or law enforcement agency designated in
the Indiana protective order, no contact order, or
workplace violence restraining order that has jurisdiction
over the area in which a protected person may be located or
protected.
(c) A sheriff or law enforcement agency that receives an Indiana a
protective order, no contact order, or workplace violence
restraining order under subsection (a) and a confidential form under
subsection (b) shall:
(1) maintain a copy of the Indiana protective order, no contact
order, or workplace violence restraining order in the depository
established under this chapter;
(2) enter:
(A) the date and time the sheriff or law enforcement agency
receives the Indiana protective order, no contact order, or
workplace violence restraining order;
(B) the location of the person who is subject to the Indiana
protective order, no contact order, or workplace violence
restraining order, if reasonably ascertainable from the
information received;
(C) the name and identification number of the officer who
serves the Indiana protective order, no contact order, or
workplace violence restraining order;
(D) the manner in which the Indiana protective order, no
contact order, or workplace violence restraining order is
served;
(E) the name of the petitioner and any other protected parties;
(F) the name, Social Security number, date of birth, and
physical description of each the person who is the subject of
the Indiana protective order, no contact order, or
workplace violence restraining order, if reasonably
ascertainable from the information received;
(G) the date the Indiana protective order, no contact order,
or workplace violence restraining order expires;
(H) a caution indicator stating whether a person who is the
subject of the Indiana protective order, no contact order, or
workplace violence restraining order is believed to be armed
and dangerous, if reasonably ascertainable from the
information received; and
(I) if furnished, a Brady record indicator stating whether a
person who is the subject of the Indiana protective order, no
contact order, or workplace violence restraining order is
prohibited from purchasing or possessing a firearm or
ammunition under federal law, if reasonably ascertainable
from the information received;
preparation of the application.
(7) The date the applicant signed the application.
SECTION 13. IC 5-26.5-2-6, AS ADDED BY P.L.273-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 6. (a) Certification as a program participant
expires on the earlier of:
(1) two (2) years after the date on which the office of the attorney
general certifies or renews the certification of the applicant as a
program participant. or
(2) the date on which the protective order that is the basis for the
certification is withdrawn revoked or otherwise invalidated.
The modification of a protective order is not an invalidation for
purposes of subdivision (2).
(b) A program participant whose certification expires under
subsection (a)(1) may apply to renew the certification under section 7
of this chapter.
(c) A program participant whose certification expires under
subsection (a)(2) may apply to renew the certification under section 8
of this chapter. The program participant shall notify the office of the
attorney general when the protective order is withdrawn, revoked, or
otherwise invalidated.
SECTION 14. IC 5-26.5-2-7, AS ADDED BY P.L.273-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 7. (a) This section applies to a program participant
whose certification expired under section 6(a)(1) 6 of this chapter.
(b) The office of the attorney general shall notify the program
participant of the expiration date at least thirty (30) days before the
expiration date.
(c) The office of the attorney general shall approve an application
for renewal of certification filed in the manner and on a form
prescribed by the office of the attorney general if the application
contains the requirements set forth in section 2 of this chapter.
However, a program participant who applies for renewal of
certification under this section does not have to provide a copy of a
valid protective order. except as provided in section 9 of this chapter.
SECTION 15. IC 5-26.5-2-10, AS ADDED BY P.L.273-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 10. A person who knowingly or intentionally:
(1) falsely attests in an application made under this chapter that
disclosure of the applicant's address would endanger:
(A) the applicant's safety; or
(B) the safety of a minor or an incapacitated individual upon
whose behalf the application is made; or
(2) provides false or incorrect information upon making an
application under this chapter;
commits perjury. This section applies to an application for certification
under section 2 of this chapter and to an application for renewal of
certification under section 7 or 8 of this chapter.
SECTION 16. IC 5-26.5-2-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 11. A program participant who
obtains a change of name under IC 34-28-2 shall provide a copy of
the decree of the court changing the program participant's name
to the office of the attorney general not more than thirty (30) days
after the court enters the decree.
SECTION 17. IC 5-26.5-3-2, AS ADDED BY P.L.273-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 2. The office of the attorney general may not
disclose for public inspection or copying the name, address, telephone
number, or any other identifying information relating to a program
participant that is declared confidential under IC 5-26.5-2-3(b), as
contained in a record created under this chapter, except as follows:
(1) When requested by a law enforcement agency, to the law
enforcement agency.
(2) When directed by a court order, to a person identified in the
order.
(3) When certification of a program participant is revoked.
SECTION 18. IC 5-26.5-3-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 7. The office of the attorney general and an agent or
employee of the office of the attorney general are immune from
civil liability for damages for conduct within the scope and arising
out of the performance of the duties imposed under this article.
SECTION 19. IC 5-26.5-4-5, AS ADDED BY P.L.273-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 5. Unless the program participant's certification
has been renewed under IC 5-26.5-2-7, or IC 5-26.5-2-8, the office of
the attorney general shall revoke the certification of a program
participant if the attorney general determines that the protective order
on which the certification is based has been terminated or otherwise
invalidated.
SECTION 20. IC 31-9-2-29.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 29.5. "Crime involving domestic
or family violence" means a crime that occurs when a family or
household member commits, attempts to commit, or conspires to
commit any of the following against another family or household
member:
(1) A homicide offense under IC 35-42-1.
(2) A battery offense under IC 35-42-2.
(3) Kidnapping or confinement under IC 35-42-3.
(4) A sex offense under IC 35-42-4.
(5) Robbery under IC 35-42-5.
(6) Arson or mischief under IC 35-43-1.
(7) Burglary or trespass under IC 35-43-2.
(8) Disorderly conduct under IC 35-45-1.
(9) Intimidation or harassment under IC 35-45-2.
(10) Voyeurism under IC 35-45-4.
(11) Stalking under IC 35-45-10.
(12) An offense against the family under IC 35-46-1-2 through
IC 35-46-1-8, IC 35-46-1-12, or IC 35-46-1-15.1.
SECTION 21. IC 31-9-2-42 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 42. "Domestic or
family violence" for purposes of IC 31-14-13-2, IC 31-15, IC 31-16,
and IC 31-17, includes conduct found by a court to be physical or
sexual abuse against a party or child of a party, including conduct that
is an element of an offense under IC 35-42, regardless of whether the
conduct results in a criminal prosecution or occurs in the presence of
a child of the parties. The term does not include:
(1) negligence or defamation by one (1) parent against the other
parent or the child; or
(2) reasonable acts of self defense used to protect a parent or child
from the conduct of the other parent.
means, except for an act of self defense, the occurrence of one (1)
or more of the following acts committed by a family or household
member:
(1) Attempting to cause, threatening to cause, or causing
physical harm to another family or household member
without legal justification.
(2) Placing a family or household member in fear of physical
harm without legal justification.
(3) Causing a family or household member to involuntarily
engage in sexual activity by force, threat of force, or duress.
For purposes of IC 34-26-5, domestic and family violence also
includes stalking (as defined in IC 35-45-10-1) or a sex offense
under IC 35-42-4.
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) In an action for
dissolution of marriage under IC 31-15-2 or legal separation under
IC 31-15-3, either party may file a motion for any of the following:
(1) Temporary maintenance.
(2) Temporary support or custody of a child of the marriage
entitled to support.
(3) Possession of property.
(4) Counseling.
(5) A protective order under IC 34-26-5.
(b) If a party desires a protective order under subsection (a)(5),
the party must file a petition under IC 34-26-5 in a pending case,
and the court may not require the moving party to give security. If
the petitioner requests an ex parte protective order, the court shall
immediately:
(1) review the request; and
(2) if required, set a hearing;
under IC 34-26-5. The procedure and law for a proceeding under
this subsection are controlled by IC 34-26-5.
SECTION 28. IC 31-15-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. Except for a
protective order under section 1 of this chapter, the motion must be
accompanied by an affidavit setting forth the following:
(1) The factual basis for the motion.
(2) The amounts requested or other relief sought.
SECTION 29. IC 31-15-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. As a part of a motion
for temporary maintenance, for support or custody of a child, or for
possession of property under section 1 of this chapter or by
independent motion accompanied by affidavit, either party may request
the court to issue a temporary restraining order:
(1) restraining any person from transferring, encumbering,
concealing, or in any way disposing of any property, except in the
usual course of business or for the necessities of life; or
(2) enjoining any party from abusing, harassing, or disturbing the
peace of the other party;
(3) excluding either party from:
(A) the family dwelling;
(B) the dwelling of the other; or
(C) any other place;
upon a showing that harm would otherwise result; or
(4) (2) granting temporary possession of property to either party.
SECTION 30. IC 31-15-4-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10. The court may not
require joint counseling of the parties under section 9 of this chapter:
(1) without the consent of both parties; or
(2) if there is evidence that the other party has demonstrated a
pattern of domestic or family violence against
(A) the party; or
(B) a child of a party. a family or household member.
SECTION 31. IC 31-15-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) A party who
obtains a temporary restraining order under IC 31-15-4-3(2) or
IC 31-15-4-3(3) (or IC 31-1-11.5-7(b)(2) or IC 31-1-11.5-7(b)(3)
before the repeal of IC 31-1-11.5-7) in a dissolution of marriage or
legal separation action may request the court to issue a protective order
for the same purposes set forth in the temporary restraining order:
(1) at the final hearing of the dissolution of marriage or legal
separation action; or
(2) in the summary dissolution of marriage decree under
IC 31-15-2-13.
(b) A party may request the issuance of a protective order under this
section:
(1) at the final hearing of the dissolution of marriage or legal
separation action;
(2) in the summary dissolution of marriage decree; or
(3) not later than sixty (60) days after the issuance of the final
dissolution of marriage decree or legal separation decree.
Either party may request a protective order to prevent domestic or
family violence at any time during the dissolution of marriage or
legal separation action by filing a petition under IC 34-26-5 with
the court in the pending case. The court may not require the
moving party to give security. If the petitioner requests an ex parte
protective order, the court shall immediately:
(1) review the request; and
(2) if required, set a hearing;
under IC 34-26-5. The procedure and law for a proceeding under
this section are controlled by IC 34-26-5.
SECTION 32. IC 31-17-2-8, AS AMENDED BY P.L.96-1999,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 8. The court shall determine custody and enter a
custody order in accordance with the best interests of the child. In
determining the best interests of the child, there is no presumption
favoring either parent. The court shall consider all relevant factors,
including the following:
clerk.
SECTION 35. IC 31-34-25 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 25. No Contact Orders
Sec. 1. Any of the following may sign and file a petition for the
juvenile court to require a person to refrain from direct or indirect
contact with a child:
(1) The prosecuting attorney.
(2) The attorney for the county office of family and children.
(3) A probation officer.
(4) A caseworker.
(5) The department of correction.
(6) The guardian ad litem or court appointed special
advocate.
Sec. 2. A petition filed under section 1 of this chapter must be
verified.
Sec. 3. A petition seeking to restrain a person from contact must
be entitled "In the Matter of a No Contact Order for
___________". The petition must allege the following:
(1) That the respondent is likely to have direct or indirect
contact with the child in the absence of an order under this
chapter.
(2) That the child has been adjudicated a child in need of
services.
(3) That the best interests of the child will be served if the
person refrains from direct or indirect contact with the child.
Sec. 4. (a) The court may hold a hearing on a petition
concurrently with a dispositional hearing or with a hearing to
modify a dispositional decree.
(b) If the court finds that the allegations under section 3 of this
chapter are true, the court shall enter a decree.
Sec. 5. If a court enters a decree that requires a person to
refrain from direct or indirect contact with a child, the clerk of the
court shall comply with IC 5-2-9.
SECTION 36. IC 31-37-19-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. If a court enters a
dispositional decree that includes a no contact order under section
1(7) of this chapter:
(1) the clerk of the court that enters a dispositional decree that
includes a no contact order under section 1(7) of this chapter
shall comply with IC 5-2-9; and
refrain from direct or indirect contact with a child, the clerk of the
court shall comply with IC 5-2-9.
SECTION 39. IC 33-5-5.1-8, AS AMENDED BY P.L.196-1999,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 8. (a) The court may appoint such number of
probate commissioners, juvenile referees, bailiffs, court reporters,
probation officers, and such other personnel, including but not limited
to an administrative officer, as shall in the opinion of the court be
necessary to facilitate and transact the business of the court. In addition
to the personnel authorized under this subsection and IC 31-31-3, the
judges of the Allen superior court-civil division may jointly appoint not
more than four (4) full-time magistrates under IC 33-4-7 to serve the
Allen superior court-civil division. The judges of the Allen superior
court-civil division may jointly assign any such magistrates the duties
and powers of a probate commissioner. In addition to the personnel
authorized under this subsection and IC 31-31-3, the judge of the Allen
superior court-criminal division may jointly appoint not more than
three (3) full-time magistrates under IC 33-4-7 to serve the Allen
superior court-criminal division. Any such magistrate serves at the
pleasure of, and continues in office until jointly removed by, the judges
of the division that appointed the magistrate. All appointments made
under this subsection shall be made without regard to the political
affiliation of the appointees. The salaries of the above personnel shall
be fixed and paid as provided by law. If the salaries of any of the above
personnel are not provided by law, the amount and time of payment of
such salaries shall be fixed by the court, to be paid out of the county
treasury by the county auditor, upon the order of the court, and be
entered of record. The officers and persons so appointed shall perform
such duties as are prescribed by the court. Any such administrative
officer appointed by the court shall operate under the jurisdiction of the
chief judge and shall serve at the pleasure of the chief judge. Any such
probate commissioners, magistrates, juvenile referees, bailiffs, court
reporters, probation officers, and other personnel appointed by the
court shall serve at the pleasure of the court.
(b) Any probate commissioner so appointed by the court may be
vested by said court with all suitable powers for the handling and
management of the probate and guardianship matters of the court,
including the fixing of all bonds, the auditing of accounts of estates and
guardianships and trusts, acceptance of reports, accounts, and
settlements filed in said court, the appointment of personal
representatives, guardians, and trustees, the probating of wills, the
taking and hearing of evidence on or concerning such matters, or any
other probate, guardianship, or trust matters in litigation before such
court, the enforcement of court rules and regulations, the making of
reports to the court concerning his doings in the above premises,
including the taking and hearing of evidence together with such
commissioner's findings and conclusions regarding the same, all of
such matters, nevertheless, to be under the final jurisdiction and
decision of the judges of said court.
(c) Any juvenile referee so appointed by the court may be vested by
said court with all suitable powers for the handling and management of
the juvenile matters of the court, including the fixing of bonds, the
taking and hearing of evidence on or concerning any juvenile matters
in litigation before the court, the enforcement of court rules and
regulations, the making of reports to the court concerning his doings in
the above premises, all of such matters, nevertheless, to be under final
jurisdiction and decision of the judges of said court.
(d) For any and all of the foregoing purposes, any probate
commissioner and juvenile referee shall have the power to summon
witnesses to testify before the said commissioner and juvenile referee,
to administer oaths and take acknowledgments in connection with and
in furtherance of said duties and powers.
(e) The powers of a magistrate appointed under this section include
the powers provided in IC 33-4-7 and the power to enter a final order
or judgment in any proceeding involving matters specified in
IC 33-5-2-4 (jurisdiction of small claims docket) or IC 34-26-2
IC 34-26-5 (protective orders to prevent abuse). domestic or family
violence).
SECTION 40. IC 33-5-40-73, AS ADDED BY P.L.196-1999,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 73. (a) After August 31, 1999, the court may
appoint two (2) full-time magistrates under IC 33-4-7 to serve the court
using the selection method provided by IC 36-1-8-10(b)(1) or
IC 36-1-8-10(b)(2). Not more than one (1) of the magistrates appointed
under this section may be a member of the same political party.
(b) A magistrate continues in office until removed by the judges of
the court.
(c) The powers of a magistrate appointed under this section include
the powers provided in IC 33-4-7 and the power to enter a final order
or judgment in any proceeding involving matters specified in
IC 33-5-2-4 (jurisdiction of small claims docket) or IC 34-26-2
IC 34-26-5 (protective orders to prevent abuse). domestic or family
violence).
SECTION 41. IC 34-6-2-34.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 34.5. "Domestic or family
violence" means, except for an act of self-defense, the occurrence
of at least one (1) of the following acts committed by a family or
household member:
(1) Attempting to cause, threatening to cause, or causing
physical harm to another family or household member.
(2) Placing a family or household member in fear of physical
harm.
(3) Causing a family or household member to involuntarily
engage in sexual activity by force, threat of force, or duress.
For purposes of IC 34-26-5, domestic and family violence also
includes stalking (as defined in IC 35-45-10-1) or a sex offense
under IC 35-42-4.
SECTION 42. IC 34-6-2-44.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 44.8. "Family or household
member" means:
(1) a person who is a current or former spouse;
(2) a person who is dating or has dated;
(3) a person who is engaged or was engaged in a sexual
relationship;
(4) a person who is related by blood or adoption;
(5) a person who is related or was related by marriage;
(6) a person who has an established legal relationship or
previously established a legal relationship:
(A) as a guardian;
(B) as a ward;
(C) as a custodian;
(D) as a foster parent; or
(E) in a capacity similar to those listed in clauses (A)
through (D);
(7) a person who has a child in common; and
(8) a minor child of a person in a relationship described in
subdivisions (1) through (7).
SECTION 43. IC 34-6-2-48.5, AS ADDED BY P.L.280-2001,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 48.5. "Foreign protection order", for purposes of
IC 34-26-2.5, IC 34-26-5-17, means a protection order issued by a
tribunal of:
(1) another state; or
(2) an Indian tribe;
organization or association, or a group of such persons acting in
concert.
(j) "Person" for purposes of IC 34-30-10.5, means the following:
(1) A political subdivision (as defined in IC 36-1-2-13).
(2) A volunteer fire department (as defined in IC 36-8-12-2).
(3) An employee of an entity described in subdivision (1) or (2)
who acts within the scope of the employee's responsibilities.
(4) A volunteer firefighter (as defined in IC 36-8-12-2) who is
acting for a volunteer fire department.
SECTION 49. IC 34-6-2-121.4, AS ADDED BY P.L.280-2001,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 121.4. "Protected individual", for purposes of
section 86.4 of this chapter and IC 34-26-2.5, means an individual
protected by a protection order. person" means a petitioner or a
family or household member of the petitioner who is protected by
the terms of a civil protective order issued under IC 34-26-5.
SECTION 50. IC 34-6-2-121.6, AS ADDED BY P.L.280-2001,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 121.6. (a) "Protection order" or "order for
protection", for purposes of sections 48.5, 121.4, and 130.7 of this
chapter and IC 34-26-2.5, IC 34-26-5, means an injunction or other
order issued by a tribunal of the issuing state or Indian tribe to prevent
an individual from:
(1) engaging in violent or threatening acts against;
(2) engaging in harassment of;
(3) engaging in contact or communication with; or
(4) being in physical proximity to;
another person, including temporary and final orders issued by civil
and criminal courts.
(b) The term does not include a support or child custody order
issued under the dissolution and child custody laws of a state or Indian
tribe, except to the extent that the order qualifies as a protective
protection order under subsection (a) and is entitled to full faith and
credit under a federal law other than 18 U.S.C. 2265.
(c) The term applies to an order regardless of whether the order is
obtained by filing an independent action or as a pendente lite order in
another proceeding if any civil order was issued in response to a
complaint, petition, or motion filed by or on behalf of a person seeking
protection.
SECTION 51. IC 34-6-2-123, AS AMENDED BY P.L.280-2001,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 123. "Public employee", for purposes of
IC 34-13-2, IC 34-13-3, and IC 34-13-4, and IC 34-26-2.5, has the
meaning set forth in section 38 of this chapter.
SECTION 52. IC 34-6-2-130.7, AS ADDED BY P.L.280-2001,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 130.7. "Respondent", for purposes of section 86.4
of this chapter and IC 34-26-2.5, IC 34-26-5, means the individual
against whom the enforcement of a protection order is sought.
SECTION 53. IC 34-6-2-138, AS AMENDED BY P.L.280-2001,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 138. "Sheriff",
(1) for purposes of IC 34-26-2.5, refers to the county sheriff; and
(2) for purposes of IC 34-47-4, means the sheriff of the county in
which a court issues a writ of attachment under IC 34-47-4 (or
IC 34-4-9 before its repeal).
SECTION 54. IC 34-6-2-140, AS AMENDED BY P.L.280-2001,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 140. "State":
(1) for purposes of IC 34-13-3, means Indiana and its state
agencies; and
(2) for purposes of sections 48.5 and 71.7 of this chapter and
IC 34-26-2.5, IC 34-26-5, has the meaning set forth in IC 1-1-4-5.
SECTION 55. IC 34-6-2-144.2, AS ADDED BY P.L.280-2001,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 144.2. "Tribunal", for purposes of sections 48.5
and 121.6 of this chapter and IC 34-26-2.5, IC 34-26-5, means a court,
an agency, or other another entity authorized by law to issue or modify
a protection order.
SECTION 56. IC 34-26-5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 5. Indiana Civil Protection Order Act
Sec. 1. This chapter shall be construed to promote the:
(1) protection and safety of all victims of domestic or family
violence in a fair, prompt, and effective manner; and
(2) prevention of future domestic and family violence.
Sec. 2. (a) A person who is or has been a victim of domestic or
family violence may file a petition for an order for protection
against a:
(1) family or household member who commits an act of
domestic or family violence; or
(2) person who has committed stalking under IC 35-45-10-5
or a sex offense under IC 35-42-4 against the petitioner.
(b) A parent, a guardian, or another representative may file a
petition for an order for protection on behalf of a child against a:
(1) family or household member who commits an act of
domestic or family violence; or
(2) person who has committed stalking under IC 35-45-10-5
or a sex offense under IC 35-42-4 against the child.
(c) A court may issue only one (1) order for each respondent. If
a petitioner files a petition against more than one (1) respondent,
the court shall:
(1) assign a new case number; and
(2) maintain a separate court file;
for each respondent.
(d) If a petitioner seeks relief against an unemancipated minor,
the case may originate in any court of record and, if it is an
emergency matter, be processed the same as an ex parte petition.
When a hearing is set, the matter may be transferred to a court
with juvenile jurisdiction.
Sec. 3. (a) The division of state court administration shall:
(1) develop and adopt:
(A) a petition for an order for protection;
(B) an order for protection, including:
(i) orders issued under this chapter;
(ii) ex parte orders; and
(iii) no contact orders under IC 31 and IC 35;
(C) a confidential sheet;
(D) a notice of modification or extension for an order for
protection;
(E) a notice of termination for an order for protection; and
(F) any other uniform statewide forms necessary to
maintain an accurate registry of orders; and
(2) provide the forms under subdivision (1) to the clerk of
each court authorized to issue the orders.
(b) In addition to any other required information, a petition for
an order for protection must contain a statement listing each civil
or criminal action involving:
(1) either party; or
(2) a child of either party.
(c) The following statements must be printed in boldface type or
in capital letters on an order for protection:
VIOLATION OF THIS ORDER IS PUNISHABLE BY
CONFINEMENT IN JAIL, PRISON, AND/OR A FINE.
IF SO ORDERED BY THE COURT, THE RESPONDENT IS
FORBIDDEN TO ENTER OR STAY AT THE
PETITIONER'S RESIDENCE, EVEN IF INVITED TO DO
SO BY THE PETITIONER OR ANY OTHER PERSON. IN
NO EVENT IS THE ORDER FOR PROTECTION VOIDED.
PURSUANT TO 18 U.S.C. 2265, THIS ORDER FOR
PROTECTION SHALL BE GIVEN FULL FAITH AND
CREDIT IN ANY OTHER STATE OR TRIBAL LAND AND
SHALL BE ENFORCED AS IF IT WERE AN ORDER
ISSUED IN THAT STATE OR TRIBAL LAND. PURSUANT
TO 18 U.S.C. 922(g), IT IS A FEDERAL VIOLATION TO
PURCHASE, RECEIVE, OR POSSESS A FIREARM
WHILE SUBJECT TO THIS ORDER.
(d) The clerk of the circuit court, or a person or entity
designated by the clerk of the circuit court, shall provide to a
person requesting an order for protection:
(1) the forms adopted under subsection (a);
(2) all other forms required to petition for an order for
protection, including forms:
(A) necessary for service; and
(B) required under IC 31-17-3; and
(3) clerical assistance in reading or completing the forms and
filing the petition.
Clerical assistance provided by the clerk or court personnel under
this section does not constitute the practice of law. The clerk of the
circuit court may enter into a contract with a person or another
entity to provide this assistance.
(e) A petition for an order for protection must be:
(1) verified or under oath under Trial Rule 11; and
(2) issued on the forms adopted under subsection (a).
(f) If an order for protection is issued under this chapter, the
clerk shall comply with IC 5-2-9.
Sec. 4. (a) Any court of record has jurisdiction to issue a civil
order for protection.
(b) A petition for an order for protection must be filed in the
county in which the:
(1) petitioner currently or temporarily resides;
(2) respondent resides; or
(3) domestic or family violence occurred.
(c) There is no minimum residency requirement to petition for
an order for protection.
Sec. 5. At a hearing to obtain an order for protection, each party
has a continuing duty to inform the court of:
(1) each separate proceeding for an order for protection;
(2) any civil litigation;
(3) each proceeding in a family, domestic relations, or juvenile
court; and
(4) each criminal case;
involving a party or a child of a party. The information provided
under this section must include the case name, the case number,
and the county and state in which the proceeding is held, if that
information is known by the party.
Sec. 6. The following rules apply to an order for protection
issued under this chapter:
(1) An order for protection is in addition to, and not instead
of, another available civil or criminal proceeding.
(2) A petitioner is not barred from seeking an order because
of another pending proceeding.
(3) A court may not delay granting relief because of the
existence of a pending action between the petitioner and
respondent.
(4) If a person who petitions for an ex parte order for
protection also has a pending case involving:
(A) the respondent; or
(B) a child of the petitioner and respondent;
the court that has been petitioned for relief shall immediately
consider the ex parte petition and then transfer that matter to
the court in which the other case is pending.
Sec. 7. A petitioner may omit the petitioner's address from all
nonconfidential documents filed with a court. However, a
petitioner must provide the court with complete information
concerning the protected address on the uniform statewide
confidential sheet and on other confidential forms developed by the
division of state court administration under section 3 of this
chapter. A petitioner shall also provide the clerk with a public
mailing address for purposes of serving pleadings, notices, and
court orders. The petitioner may use the address confidentiality
program under IC 5-26.5. If disclosure of a petitioner's address is
necessary to determine jurisdiction or to consider venue, the court
may order the disclosure to be made:
(1) after receiving a petitioner's consent;
(2) orally in the judge's chambers and out of the presence of
a respondent with a sealed record made; or
(3) after a hearing in which the court considers the safety of
a petitioner and finds that disclosure of the address is in the
interest of justice.
Sec. 8. If a petitioner seeks:
(1) an order for protection;
(2) an extension of an order for protection;
(3) a modification of an order for protection; or
(4) the termination of an order for protection;
the petitioner is responsible for completing the forms prescribed by
the division of state court administration and for transmitting
those forms to the clerk of the court.
Sec. 9. (a) If it appears from a petition for an order for
protection or from a petition to modify an order for protection that
domestic or family violence has occurred or that a modification of
an order for protection is required, a court may:
(1) without notice or hearing, immediately issue an order for
protection ex parte or modify an order for protection ex
parte; or
(2) upon notice and after a hearing, whether or not a
respondent appears, issue or modify an order for protection.
(b) A court may grant the following relief without notice and
hearing in an ex parte order for protection or in an ex parte order
for protection modification:
(1) Enjoin a respondent from threatening to commit or
committing acts of domestic or family violence against a
petitioner and each designated family or household member.
(2) Prohibit a respondent from harassing, annoying,
telephoning, contacting, or directly or indirectly
communicating with a petitioner.
(3) Remove and exclude a respondent from the residence of a
petitioner, regardless of ownership of the residence.
(4) Order a respondent to stay away from the residence,
school, or place of employment of a petitioner or a specified
place frequented by a petitioner and each designated family
or household member.
(5) Order possession and use of the residence, an automobile,
and other essential personal effects, regardless of the
ownership of the residence, automobile, and essential personal
effects. If possession is ordered under this subdivision, the
court may direct a law enforcement officer to accompany a
petitioner to the residence of the parties to:
(A) ensure that a petitioner is safely restored to possession
of the residence, automobile, and other essential personal
effects; or
request by either party not more than thirty (30) days after service
of the order or modification, the court shall set a date for a hearing
on the petition. The hearing must be held not more than thirty (30)
days after the request for a hearing is filed unless continued by the
court for good cause shown. The court shall notify both parties by
first class mail of the date and time of the hearing.
(b) A court shall set a date for a hearing on the petition not
more than thirty (30) days after the filing of the petition if a court
issues an order for protection ex parte or a modification of an
order of protection ex parte and:
(1) a petitioner requests or the court provides relief under
section 9(b)(3), 9(b)(5), or 9(b)(6) of this chapter; or
(2) a petitioner requests relief under section 9(c)(2), 9(c)(3), or
9(c)(4) of this chapter.
The hearing must be given precedence over all matters pending in
the court except older matters of the same character.
(c) In a hearing under subsection (a) or (b):
(1) relief under section 9 of this chapter is available; and
(2) if a respondent seeks relief concerning an issue not raised
by a petitioner, the court may continue the hearing at the
petitioner's request.
Sec. 11. If a respondent is excluded from the residence of a
petitioner or ordered to stay away from a petitioner, an invitation
by the petitioner to do so does not waive or nullify an order for
protection.
Sec. 12. If a petitioner:
(1) files a written request for dismissal with a court; or
(2) makes an oral request on the record to dismiss the case in
open court;
the court shall without delay or any conditions dismiss the case
without prejudice.
Sec. 13. A court may not deny a petitioner relief under section
9 of this chapter solely because of a lapse of time between an act of
domestic or family violence and the filing of a petition.
Sec. 14. (a) A court may not grant a mutual order for protection
to opposing parties.
(b) If both parties allege injury, the parties shall do so by
separate petitions. The trial court shall review each petition
separately in an individual or a consolidated hearing and grant or
deny each petition on the petition's individual merits. If the trial
court finds cause to grant both petitions, the court shall do so by
separate orders with specific findings justifying the issuance of
each order.
Sec. 15. A court may not:
(1) order parties into mediation; or
(2) refer parties to mediation;
for resolution of the issues in a petition for an order for protection
regarding family or domestic violence. This section may not be
construed to preclude mediation in other cases involving the same
parties.
Sec. 16. Fees for:
(1) filing;
(2) service of process;
(3) witnesses; or
(4) subpoenas;
may not be charged for a proceeding seeking relief or enforcement
as provided in this chapter. This section may not be construed to
prevent the collecting of costs from a party against whom an order
for protection is sought if the court finds a claim to be meritorious
and issues an order for protection under this chapter.
Sec. 17. (a) A foreign protection order is facially valid if it:
(1) identifies the protected person and the respondent;
(2) is currently in effect;
(3) was issued by a state or tribal court with jurisdiction over
the:
(A) parties; and
(B) subject matter;
under the law of the issuing state or Indian tribe; and
(4) was issued after a respondent was given reasonable notice
and an opportunity to be heard sufficient to protect the
respondent's right to due process. In the case of an ex parte
order, notice and opportunity to be heard must be provided
within the time required by state or tribal law and within a
reasonable time after the order is issued sufficient to protect
the respondent's due process rights.
(b) A facially valid foreign protection order is prima facie
evidence of its validity. The protection order may be inscribed on
a tangible medium or stored in an electronic or other medium if it
is retrievable in perceivable form. Presentation of a certified copy
of an order for protection is not required for enforcement.
(c) Except as provided in subsection (d), a protection order that
is facially valid and issued by a court of a state (issuing state) or
Indian tribe shall be accorded full faith and credit by Indiana
courts.
approved by the court. The copies under subdivisions (1) through
(4) must be delivered by the close of the business day on which the
order is granted. Each law enforcement agency shall make
information on the existence and status of an order available to a
law enforcement officer responding to the scene of unlawful
violence or a credible threat of violence.
Sec. 12. An intentional violation of a temporary restraining
order or an injunction issued under this chapter is punishable as
set forth under IC 35-46-1-15.1.
Sec. 13. (a) The division of state court administration shall
develop forms, instructions, and rules for the scheduling of
hearings and other procedures under this chapter. A party to an
action under this chapter must use the forms developed by the
division of state court administration.
(b) A temporary restraining order or an injunction issued for
harassment or domestic or family violence under this chapter must
be issued on forms adopted and approved by the division of state
court administration and must be consistent with IC 34-26-5-3.
However, an order or injunction issued under this section is not
rendered unenforceable solely because it is not issued on forms
adopted and approved by the division of state court administration.
(c) Information in a temporary restraining order or an
injunction relating to harassment or domestic or family violence
must be transmitted to the Indiana data and communication
system (IDACS) as required under IC 34-26-5-18.
Sec. 14. A filing fee may not be charged for a petition that
alleges that a person has:
(1) inflicted or threatened violence against an employee of the
petitioner;
(2) stalked an employee of the petitioner; or
(3) spoken in a manner that has placed an employee in
reasonable fear of violence;
and that seeks a temporary restraining order or an injunction to
restrain future violence or threats of violence. A filing fee may not
be charged for a responsive pleading described under section 8 of
this chapter.
Sec. 15. This chapter may not be construed to:
(1) permit a court to issue a temporary restraining order or
an injunction that prohibits speech or any other activity that
is constitutionally protected or otherwise protected by
another law;
(2) prevent either party from representation by private
counsel or from pro se representation; or
(3) expand, diminish, alter, or modify the duty, if any, of an
employer to provide a safe workplace for an employee or
another person.
SECTION 58. IC 34-30-2-16.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 16.5. IC 5-26.5-3-7 (Concerning
actions taken under the address confidentiality program).
SECTION 59. IC 35-33-1-1, AS AMENDED BY P.L.222-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 1. (a) A law enforcement officer may arrest a
person when the officer has:
(1) a warrant commanding that the person be arrested;
(2) probable cause to believe the person has committed or
attempted to commit, or is committing or attempting to commit,
a felony;
(3) probable cause to believe the person has violated the
provisions of IC 9-26-1-1(1), IC 9-26-1-1(2), IC 9-26-1-2(1),
IC 9-26-1-2(2), IC 9-26-1-3, IC 9-26-1-4, or IC 9-30-5;
(4) probable cause to believe the person is committing or
attempting to commit a misdemeanor in the officer's presence;
(5) probable cause to believe the person has committed a:
(A) battery resulting in death under IC 35-42-2-1(a)(5);
(B) (A) battery resulting in bodily injury under IC 35-42-2-1;
or
(C) (B) domestic battery under IC 35-42-2-1.3.
The officer may use an affidavit executed by an individual alleged
to have direct knowledge of the incident alleging the elements of
the offense of battery to establish probable cause;
(6) probable cause to believe that the person violated
IC 35-46-1-15.1 (invasion of privacy);
(7) probable cause to believe that the person has committed
stalking (IC 35-45-10);
(8) (7) probable cause to believe that the person violated
IC 35-47-2-1 (carrying a handgun without a license) or
IC 35-47-2-22 (counterfeit handgun license); or
(9) (8) probable cause to believe that the person is violating or has
violated an order issued under IC 35-50-7.
(b) A person who:
(1) is employed full time as a federal enforcement officer;
(2) is empowered to effect an arrest with or without warrant for a
violation of the United States Code; and
reckless supervision;
the child care provider commits involuntary manslaughter, a Class
D felony.
SECTION 66. IC 35-45-10-5, AS AMENDED BY P.L.280-2001,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 5. (a) A person who stalks another person
commits stalking, a Class D felony.
(b) The offense is a Class C felony if at least one (1) of the
following applies:
(1) A person:
(A) stalks a victim; and
(B) makes an explicit or an implicit threat with the intent to
place the victim in reasonable fear of:
(i) sexual battery (as defined in IC 35-42-4-8);
(ii) serious bodily injury; or
(iii) death.
(2) A protective order to prevent domestic or family violence,
a no contact order, or other judicial order under any of the
following statutes has been issued by the court to protect the same
victim or victims from the person and the person has been given
actual notice of the order:
(A) IC 31-15 IC 31-16, IC 31-17, and IC 34-26-5 or
IC 31-1-11.5 before its repeal (dissolution of marriage and
legal separation) child support, and child custody).
(B) IC 31-34, IC 31-37, or IC 31-6-4 before its repeal
(delinquent children and children in need of services).
(C) IC 31-32 or IC 31-6-7 before its repeal (procedure in
juvenile court).
(D) IC 34-26-5 or IC 34-26-2 or and IC 34-4-5.1 before its
their repeal (protective order to prevent abuse).
(E) IC 34-26-6 (workplace violence restraining orders).
(3) The person's stalking of another person violates an order
issued as a condition of pretrial release, including release on bail
or personal recognizance, or pretrial diversion that orders the
person to refrain from any direct or indirect contact with another
person if the person has been given actual notice of the order.
(4) The person's stalking of another person violates an a no
contact order issued as a condition of probation that orders the
person to refrain from any direct or indirect contact with another
person if the person has been given actual notice of the order.
(5) The person's stalking of another person violates a protective
order issued under IC 31-14-16 IC 31-14-16-1 and IC 34-26-5 in
a paternity action if the person has been given actual notice of the
order.
(6) The person's stalking of another person violates an order
issued in another state that is substantially similar to an order
described in subdivisions (2) through (5) if the person has been
given actual notice of the order.
(7) The person's stalking of another person violates an order that
is substantially similar to an order described in subdivisions (2)
through (5) and is issued by an Indian:
(A) tribe;
(B) band;
(C) pueblo;
(D) nation; or
(E) 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 if the person has been given actual notice of the
order.
(8) A criminal complaint of stalking that concerns an act by the
person against the same victim or victims is pending in a court
and the person has been given actual notice of the complaint.
(c) The offense is a Class B felony if:
(1) the act or acts were committed while the person was armed
with a deadly weapon; or
(2) the person has an unrelated conviction for an offense under
this section against the same victim or victims.
(d) Notwithstanding subsection (a), the court may enter judgment
of conviction of a Class A misdemeanor and sentence accordingly if
the court finds mitigating circumstances. The court may consider the
mitigating circumstances in IC 35-38-1-7.1(C) IC 35-38-1-7.1(c) in
making a determination under this subsection. However, the criteria
listed in IC 35-38-1-7.1(C) IC 35-38-1-7.1(c) do not limit the matters
the court may consider in making its determination.
(e) Notwithstanding subsection (b), the court may enter judgment
of conviction of a Class D felony and sentence accordingly if the court
finds mitigating circumstances. The court may consider the mitigating
circumstances in IC 35-38-1-7.1(C) IC 35-38-1-7.1(c) in making a
determination under this subsection. However, the criteria listed in
IC 35-38-1-7.1(C) IC 35-38-1-7.1(c) do not limit the matters the court
may consider in making its determination.
SECTION 67. IC 35-46-1-15.1, AS AMENDED BY P.L.1-2001,
SECTION 42, AND AS AMENDED BY P.L.280-2001, SECTION 53,
IS AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 15.1. (a) A person who knowingly
or intentionally violates:
(1) a protective order to prevent domestic or family violence
issued under
(A) IC 34-26-2-12(1)(A) (or IC 34-4-5.1-5(a)(1)(A) before its
repeal);
(B) IC 34-26-2-12(1)(B) (or IC 34-4-5.1-5(a)(1)(B) before its
repeal); or
(C) IC 34-26-2-12(1)(C) (or IC 34-4-5.1-5(a)(1)(C) before its
repeal);
that orders the respondent to refrain from abusing, harassing, or
disturbing the peace of the petitioner; 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);
(2) an emergency ex parte protective order issued under
IC 34-26-2-6(1), IC 34-26-2-6(2), IC 34-26-2-6(3), (or
IC 34-4-5.1-2.3(a)(1)(A), IC 34-4-5.1-2.3(a)(1)(B), or
IC 34-4-5.1-2.3(a)(1)(C) before their repeal) that orders the
respondent to refrain from abusing, harassing, or disturbing the
peace of the petitioner; 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);
(3) a temporary workplace violence restraining order issued
under IC 31-15-4-3(2) or IC 31-15-4-3(3) (or
IC 31-1-11.5-7(b)(2), IC 31-1-11.5-7(b)(3), IC 31-16-42(a)(2),
IC 31-16-4-2(a)(2), or IC 31-16-42(a)(3) IC 31-16-4-2(a)(3)
before their repeal) that orders the respondent to refrain from
abusing, harassing, or disturbing the peace of the petitioner;
IC 34-26-6;
(4) an a no contact order in a dispositional decree issued under
IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-19-5 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;
(5) an a no contact order issued as a condition of pretrial release,
including release on bail or personal recognizance, or pretrial
diversion; that orders the person to refrain from any direct or
indirect contact with another person;
(6) an a no contact order issued as a condition of probation; that
orders the person to refrain from any direct or indirect contact
with another person;
(7) 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); that orders the respondent to refrain from abusing,
harassing, or disturbing the peace of the petitioner;
(8) a protective order to prevent domestic or family violence
issued under IC 31-14-16 IC 31-14-16-1 in a paternity action;
(9) a protective no contact order issued under IC 31-34-17
IC 31-34-25 in a child in need of services proceeding or under
IC 31-37-16 IC 31-37-25 in a juvenile delinquency proceeding;
that orders the respondent to refrain from having direct or indirect
contact with a child; or
(10) an order issued in a another state other than Indiana that is
substantially similar to an order described in subdivisions (1)
through (9); or
(11) an order that is substantially similar to an order described
in subdivisions (1) through (9) and is issued by an Indian:
(A) tribe;
(B) band;
(C) pueblo;
(D) nation; or
(E) 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;
commits invasion of privacy, a Class B Class A misdemeanor.
However, the offense is a Class A misdemeanor Class D felony if the
person has a prior unrelated conviction for an offense under this
section.
(b) In addition to any other penalty imposed for conviction of a
Class A misdemeanor under this section, if the violation of the
protective order results in bodily injury to the petitioner, the court shall
order the defendant to be imprisoned for five (5) days. A five (5) day
sentence under this subsection may not be suspended. The court may
require the defendant to serve the five (5) day term of imprisonment in
an appropriate facility at whatever time or intervals, consecutive or
intermittent, the court determines to be appropriate. However:
(1) at least forty-eight (48) hours of the sentence must be served
consecutively; and
(2) the entire five (5) day sentence must be served within six (6)
months after the date of sentencing.
(c) Notwithstanding IC 35-50-6, a person does not earn credit time
while serving a five (5) day sentence under subsection (b).
SECTION 68. IC 35-46-1-20, AS ADDED BY P.L.280-2001,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 20. A law enforcement officer shall enforce a
foreign protection order (as defined in IC 34-6-2-48.5) in conformity
with the procedures in IC 34-26-2.5-10. IC 34-26-5-17.
SECTION 69. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2002]: IC 5-2-9-1.5; IC 5-2-9-1.6; IC 5-2-9-6.3; IC 5-26.5-2-8;
IC 5-26.5-2-9; IC 5-26.5-4-1; IC 5-26.5-4-6; IC 31-14-16-2;
IC 31-14-16-3; IC 31-14-16-4; IC 31-14-16-5; IC 31-14-16-6;
IC 31-14-16-7; IC 31-14-16-8; IC 31-15-4-16; IC 31-15-5-2;
IC 31-15-5-3; IC 31-15-5-4; IC 31-15-5-5; IC 31-15-5-6; IC 31-15-5-7;
IC 31-15-5-8; IC 31-15-5-9; IC 31-15-5-10; IC 31-15-5-11;
IC 31-34-17; IC 31-37-16; IC 33-17-1-11; IC 33-19-4.5; IC 34-6-2-1;
IC 34-6-2-86.4; IC 34-26-2; IC 34-26-2.5.
SECTION 70. [EFFECTIVE JULY 1, 2002] (a) IC 35-46-1-15.1,
as amended by this act, and IC 35-47-4-6, as added by this act,
apply only to an offense committed after June 30, 2002.
(b) A protective order issued before July 1, 2002, under
IC 31-34-17, IC 31-37-16, or IC 34-26-2, all as repealed by this act,
remains in effect for the period indicated in the court order
granting the protective order.
(c) A protective order issued before July 1, 2002, under
IC 31-14-16 or IC 31-15-5, as amended by this act, remains in
effect for the period indicated in the court order granting the
protective order.
(d) After June 30, 2002, a protected person must use the forms
developed by the division of state court administration under
IC 34-26-5-3, as added by this act, if the person is seeking an
extension or a modification of an order issued under subsection (b)
or (c).