February 24, 2006
ENGROSSED
SENATE BILL No. 300
_____
DIGEST OF SB 300
(Updated February 22, 2006 4:52 pm - DI 69)
Citations Affected: IC 5-2; IC 16-18; IC 16-21; IC 35-41.
Synopsis: Victim's compensation fund. Defines "bodily injury" and
specifies that the term includes emotional trauma only if the trauma
stems directly from the impairment of a physical condition, a visible
injury, or physical pain. Provides that compensation to a victim of a
violent crime may not be paid to a person who profited from the
criminal act or who was intoxicated at the time of the crime and
contributed to the commission of an unrelated felony, unless the person
was the victim of a sex crime or a crime of domestic or family violence.
Permits only one claimant per victim to receive benefits. Authorizes the
division of victim services to award benefits for an injury resulting
from criminal use of a motor vehicle only after an information or
indictment is filed, and does not permit an award in any case until
records are available and the criminal investigation is concluded.
Provides that certain information relating to the victim of a crime is
confidential. Makes the reimbursement rate for medical services
(Continued next page)
Effective: Upon passage; July 1, 2006.
Long, Bray, Broden, Lanane, Howard
(HOUSE SPONSORS _ FOLEY, LAWSON L, THOMAS, CROUCH)
January 9, 2006, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 26, 2006, amended, reported favorably _ Do Pass.
January 31, 2006, read second time, amended, ordered engrossed.
February 1, 2006, engrossed. Read third time, passed. Yeas 49, nays 0.
HOUSE ACTION
February 7, 2006, read first time and referred to Committee on Courts and Criminal Code.
February 23, 2006, amended, reported _ Do Pass.
Digest Continued
provided as the result of bodily injury equal to the reimbursement rate
for services under the Indiana comprehensive health insurance
association (ICHIA), and clarifies that the ICHIA rate does not apply
to the reimbursement of forensic and evidence gathering services
provided to the victim of a sex crime. Defines "forensic medical
exams" and "additional forensic services" and replaces references to
"emergency services," "hospital emergency services," and "emergency
hospital services" with "forensic medical exams" and "additional
forensic services". Permits reimbursement for burial expenses up to
$4,000 and for mental health care up to $2,000. Requires
documentation of certain expenses before a benefit may be awarded.
Prohibits an attorney who represents a crime victim at a hearing held
by the division from charging a contingency fee of more than 10% or
being paid directly by the division. Permits an attorney who obtains a
civil judgment on which the state has a lien for the provision of victim
services to receive attorney's fees of not more than 15% of the amount
received by the state. Makes other changes and conforming
amendments. Repeals an obsolete provision relating to attorney's fees.
February 24, 2006
Second Regular Session 114th General Assembly (2006)
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 2005 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 300
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-2-6.1-0.5; (06)ES0300.1.1. -->
SECTION 1. IC 5-2-6.1-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 0.5. As used in section 7 of this chapter, "bodily
injury" means:
(1) an impairment of a physical condition;
(2) a visible injury;
(3) physical pain; or
(4) emotional trauma that stems directly from the impairment
of a physical condition, a visible injury, or physical pain.
SOURCE: IC 5-2-6.1-2.5; (06)ES0300.1.2. -->
SECTION 2. IC 5-2-6.1-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 2.5. As used in this chapter, "emergency shelter care"
means housing in a facility having the primary purpose of
providing temporary or transitional shelter for the homeless or for
a specific population of the homeless.
SOURCE: IC 5-2-6.1-5.5; (06)ES0300.1.3. -->
SECTION 3. IC 5-2-6.1-5.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 5.5. As used in this chapter, "motor vehicle" has the
meaning set forth in IC 7.1-1-3-26.3.
SOURCE: IC 5-2-6.1-11.5; (06)ES0300.1.4. -->
SECTION 4. IC 5-2-6.1-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11.5. A claimant's:
(1) personal information (as defined in IC 9-14-3.5-5); and
(2) medical records;
are confidential.
SOURCE: IC 5-2-6.1-13; (06)ES0300.1.5. -->
SECTION 5. IC 5-2-6.1-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13. (a) Subject to
subsection (b) and except as provided in subsection (c), benefits may
not be awarded:
(1) if the victim sustained the injury as a result of participating or
assisting in, or attempting to commit or committing a criminal act;
or
(2) if the injury occurred while the victim was a resident in a
county, city, or federal jail or prison or in an institution operated
by the department of correction;
(3) if the victim profited or would have profited from the
criminal act; or
(4) if, at the time the injury occurred, the victim was
intoxicated and contributed to the commission of an unrelated
felony.
(b) If the victim is a dependent child or dependent parent of the
person who commits a violent crime, compensation may be awarded
where justice requires.
(c) Benefits may be awarded to a person described in subsection
(a)(4) who is the victim of a sex crime under IC 35-42-4, a crime of
family violence (as defined in IC 35-41-1-6.5), or a crime of
domestic violence (as defined in IC 35-41-1-6.3).
SOURCE: IC 5-2-6.1-13.5; (06)ES0300.1.6. -->
SECTION 6. IC 5-2-6.1-13.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 13.5. The division may not award
a benefit to more than one (1) claimant per victim.
SOURCE: IC 5-2-6.1-14; (06)ES0300.1.7. -->
SECTION 7. IC 5-2-6.1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 14. (a) Benefits may
not be awarded to a
victim claimant under section 12(1), 12(2), 12(3),
12(4), or 15 of this chapter if the victim
or claimant had a net worth
of greater than two hundred thousand dollars ($200,000) at the time of
suffering bodily injury.
(b) Benefits may not be awarded to a
person claimant under section
12(5), 12(6), 12(7), or 12(8) of this chapter if the
person victim or
claimant had a net worth of greater than two hundred thousand dollars
($200,000) at the time of suffering bodily injury.
SOURCE: IC 5-2-6.1-15; (06)ES0300.1.8. -->
SECTION 8. IC 5-2-6.1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 15. (a) If an unmarried
victim of a violent crime dies as a result of the crime, the division shall
may pay the reasonable expenses incurred for funeral, burial, or
cremation.
(b) The division shall adopt guidelines to determine when the
payment of expenses under subsection (a) is appropriate. In
adopting guidelines under this subsection, the division shall
consider the availability of other sources of compensation,
including township assistance and federal programs.
SOURCE: IC 5-2-6.1-16; (06)ES0300.1.9. -->
SECTION 9. IC 5-2-6.1-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 16. (a) A person
eligible for assistance under section 12 of this chapter may file an
application for assistance with the division if the violent crime was
committed in Indiana.
(b) The application must be filed received by the division not more
than one hundred eighty (180) days after the date the crime was
committed. The division may grant an extension of time for good cause
shown by the claimant. However, the division may not accept an
application may not be filed that is received more than two (2) years
after the date the crime was committed.
(c) The application must be filed in the office of the division in
person, through the division's web site, or by first class or certified
mail. If requested, the division shall assist a victim in preparing the
application.
(d) The division shall accept all applications filed in compliance
with this chapter. Upon receipt of a complete application, the
division shall promptly begin the investigation and processing of an
application.
SOURCE: IC 5-2-6.1-17; (06)ES0300.1.10. -->
SECTION 10. IC 5-2-6.1-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 17. (a) The division
may not award compensation under this chapter unless the violent
crime was reported to a law enforcement officer not more than
forty-eight (48) hours after the occurrence of the crime.
(b) The division may not award compensation under this
chapter until:
(1) law enforcement and other records concerning the
circumstances of the crime are available; and
(2) any criminal investigation directly related to the crime has
been substantially completed.
(c) If the crime involved a motor vehicle, the division may not
award compensation under this chapter until an information or
indictment alleging the commission of a crime has been filed by a
prosecuting attorney.
SOURCE: IC 5-2-6.1-21; (06)ES0300.1.11. -->
SECTION 11. IC 5-2-6.1-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 21. (a)
This section
applies to claims filed with the division after December 31, 2005.
(b) This subsection does not apply to reimbursement for forensic
and evidence gathering services provided under section 39 of this
chapter. As used in this chapter, "out-of-pocket loss" means
expense
or indebtedness reasonably incurred for medical care or other services
resulting from the bodily injury or death upon which the application is
based an amount equal to the amount of reimbursement payable
under IC 27-8-10-3 for each of the types of services and items
provided to the victim as a result of the bodily injury or death upon
which the application is based.
(b) (c) An award may not be made unless the claimant has incurred
an out-of-pocket loss of at least one hundred dollars ($100).
(c) (d) Subject to
subsection subsections (b)
and (c), the division
may order the payment of compensation under this chapter for any of
the following:
(1) Reasonable expenses incurred for necessary medical,
chiropractic, hospital, dental, psychological, optometric,
psychiatric, and ambulance services and prescription drugs and
prosthetic devices
that do not exceed the claimant's
out-of-pocket loss.
(2) Loss of income the:
(A) victim would have earned had the victim not died or been
injured,
if the victim was employed at the time of the crime;
or
(B) parent, guardian, or custodian of a victim who is less
than eighteen (18) years of age incurred by taking time off
work to care for the victim.
A claimant seeking reimbursement under this subdivision
must provide the division with proof of employment and
current wages.
(3) Reasonable emergency shelter care expenses, not to exceed
the expenses for thirty (30) days, that are incurred for the claimant
or a dependent of the claimant to avoid contact with a person who
committed the violent crime.
(4) Reasonable expense incurred for child care, not to exceed one
thousand dollars ($1,000), to replace child care the victim would
have supplied had the victim not died or been injured.
(5) Loss of financial support the victim would have supplied to
legal dependents had the victim not died or been injured.
(6) Reasonable Documented expenses incurred for funeral,
burial, or cremation of the victim that do not exceed four
thousand dollars ($4,000). The division shall disburse
compensation under this subdivision in accordance with
guidelines adopted by the division.
(7) Other actual expenses resulting from the bodily injury or death
of the victim, including costs of mental health care, not to exceed
one two thousand dollars ($1,000), ($2,000) for the immediate
family of a homicide or sex crime victim, and any other actual
expenses that the division determines reasonable.
(e) If a health care provider accepts payment from the division
under this chapter, the health care provider may not require the
victim to pay a copayment or an additional fee for the provision of
services.
(f) A health care provider who seeks compensation from the
division under this chapter may not simultaneously seek funding
for services provided to a victim from any other source.
SOURCE: IC 5-2-6.1-23; (06)ES0300.1.12. -->
SECTION 12. IC 5-2-6.1-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 23. (a) In addition to
the subrogation rights under section 22 of this chapter, the state is
entitled to a lien in the amount of the award on a recovery made by or
on behalf of the victim.
(b) The state may:
(1) recover the amount under subsection (a) in a separate action;
or
(2) intervene in an action brought by or on behalf of the victim.
(c) If the claimant brings the action, the claimant may deduct from
the money owed to the state under the lien the state's pro rata share of
the reasonable expenses for the court suit, including attorney's fees of
not more than fifteen percent (15%).
SOURCE: IC 5-2-6.1-28; (06)ES0300.1.13. -->
SECTION 13. IC 5-2-6.1-28 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 28. (a) Not more than
ten (10) days after the hearing, the hearing officer shall issue a written
determination decision supported by findings of fact and conclusions
of law based on the record from the hearing, the investigation, and the
application of the claimant.
(b) Copies of the determination shall be mailed to the claimant at
the address given in the application and to the attorney general.
SOURCE: IC 5-2-6.1-32; (06)ES0300.1.14. -->
SECTION 14. IC 5-2-6.1-32 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 32. (a) The division
shall reduce an award made under this chapter by the amount of
benefits received or to be received from the following sources if those
benefits result from or are in any manner attributable to the bodily
injury or death upon which the award is based:
(1) Benefits from public or private pension programs, including
Social Security benefits.
(2) Benefits from proceeds of an insurance policies. policy.
(3) Benefits under IC 22-3-2 through IC 22-3-6.
(4) Unemployment compensation benefits.
(5) Benefits from other public funds, including Medicaid and
Medicare.
Compensation must be further reduced or denied to the extent that the
claimant's loss is recouped from other collateral sources.
(b) The division shall further reduce an award under this chapter by
the following:
(1) The amount of court ordered restitution actually received by
the victim from the offender.
(2) Benefits actually received by the victim from a third party on
behalf of the offender.
(c) The division shall determine whether the victim vigorously
pursued recovery against available collateral sources described in this
section.
(d) If the division finds that a victim has failed to pursue an
applicable collateral source of recovery, the division shall reduce or
deny an award under this section by the amount that is available to the
victim through the collateral source.
(e) A claimant must exhaust any paid or otherwise compensated
vacation leave, sick leave, personal leave, or other compensatory
time accrued through an employer before applying for benefits.
The division may not reimburse the victim for the use of paid or
otherwise compensated vacation leave, sick leave, personal leave,
or other compensatory time.
SOURCE: IC 5-2-6.1-34; (06)ES0300.1.15. -->
SECTION 15. IC 5-2-6.1-34 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 34. (a) In determining
the amount of the award, the division shall determine whether the
victim contributed to the infliction of the victim's injury or death.
(b) If the division finds that the victim
did contribute contributed
to the infliction of the victim's injury or death, the division may deny
an award. i
n whole or in part depending upon the extent of the victim's
contributory conduct.
(c) If the division further finds that the victim's contributory conduct
was solely attributable to an effort to:
(1) prevent a crime from occurring in the victim's presence; or
(2) apprehend a person who committed a crime in the victim's
presence;
the victim's contributory conduct does not render the victim ineligible
for compensation.
SOURCE: IC 5-2-6.1-35; (06)ES0300.1.16. -->
SECTION 16. IC 5-2-6.1-35 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 35. (a) An award to a
claimant under this chapter:
(1) may not exceed fifteen thousand dollars ($15,000); and
(2) may not cover the first one hundred dollars ($100) of the
claim.
(b) The part of an award covering an unpaid bill shall be made
payable jointly to the claimant and to the creditor on that bill. to the
service provider.
SOURCE: IC 5-2-6.1-37.5; (06)ES0300.1.17. -->
SECTION 17. IC 5-2-6.1-37.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 37.5. An attorney who represents
a victim at a hearing conducted by the division related to a claim
under this chapter may not:
(1) charge a claimant a contingency fee for the representation
that exceeds ten percent (10%) of the value of the award; or
(2) receive a direct payment from the division.
SOURCE: IC 5-2-6.1-39; (06)ES0300.1.18. -->
SECTION 18. IC 5-2-6.1-39 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 39. (a) When a hospital
acting under IC 16-21-8 provides
emergency services a forensic
medical exam to an alleged sex crime victim, the hospital shall furnish
the
services forensic medical exam described in IC 16-21-8-6
without charge. The victim services division of the Indiana criminal
justice institute shall reimburse a hospital for its costs in providing
the
these services and shall adopt rules and procedures to provide for
reasonable reimbursement. A hospital may not charge the victim for
services required under this chapter, despite delays in reimbursement
from the victim services division of the Indiana criminal justice
institute.
(b)
When a hospital acting under IC 16-21-8 provides additional
forensic services to an alleged sex crime victim who cooperates
with law enforcement under IC 16-21-8-5(b) or IC 16-21-8-5(c), the
hospital shall furnish the additional forensic services without
charge. The victim services division of the Indiana criminal justice
institute shall reimburse a hospital for its costs in providing these
services and may adopt rules and procedures to provide for
reasonable reimbursement. A hospital may not charge the victim
for services required under this chapter even if there is a delay in
receiving reimbursement from the victim services division of the
Indiana criminal justice institute.
(c) When a hospital acting under IC 16-21-8 provides additional
forensic services to an alleged sex crime victim who does not
cooperate with law enforcement under IC 16-21-8-5(b) or
IC 16-21-8-5(c), the hospital may seek reimbursement directly
from the victim or any third party payer for any additional
forensic services rendered by the hospital.
(d) Costs incurred by a hospital or other emergency medical facility
for the examination of the victim of a sex crime (under IC 35-42-4) not
covered under IC 16-21-8 or incest (under IC 35-46-1-3), if the
examination is performed for the purposes of gathering evidence for
possible prosecution, may not be charged to the victim of the crime.
The costs shall be treated as local costs and charged to the appropriate
local governmental agency as follows:
(1) If the treatment or services are provided at a county or city
hospital, or hospital district facility, the county shall pay the
expenses.
(2) If the treatment or services are provided at a private hospital,
the expenses are paid by the county in whose jurisdiction the
alleged crime was committed.
(c) (e) When a licensed medical service provider not covered by
subsection (a) or (b) elects to provide emergency services a forensic
medical exam to an alleged victim of one (1) or more of the sex crimes
listed in IC 16-21-8-1(b), the medical service provider shall furnish the
services exam without charge. The victim services division of the
Indiana criminal justice institute shall reimburse a medical service
provider for costs in providing the services listed in subsection (d)
forensic medical exams. A medical service provider may not charge
the victim for a forensic medical exam required under this chapter
even if there is a delay in receiving reimbursement from the victim
services division of the Indiana criminal justice institute.
(f) When a licensed medical service provider not covered by
subsection (a) or (b) elects to provide additional forensic services
to an alleged sex crime victim who cooperates with law
enforcement under IC 16-21-8-5(b) or IC 16-21-8-5(c), the medical
service provider shall furnish the services without charge. The
victim services division of the Indiana criminal justice institute
shall reimburse a medical service provider for costs in providing
the additional forensic services. A medical service provider may
not charge the victim for services required under this chapter even
if there is a delay in receiving reimbursement from the victim
services division of the Indiana criminal justice institute.
(g) When a medical service provider acting under IC 16-21-8
provides additional forensic services to an alleged sex crime victim
who does not cooperate with law enforcement under
IC 16-21-8-5(b) or IC 16-21-8-5(c), the medical service provider
may seek reimbursement directly from the victim or any third
party payer for additional forensic services rendered by the
medical service provider.
(h) The victim services division of the Indiana criminal justice
institute may reimburse a medical service provider for costs in
providing additional forensic services if the following conditions
are met:
(1) If the victim or claimant has:
(A) is at least eighteen (18) years of age:
(A) the sex crime must be reported the sex crime to a law
enforcement officer within forty-eight (48) ninety-six (96)
hours after the crime occurred; and
(B) has cooperated fully the victim must cooperate to the
fullest extent possible with law enforcement personnel to
solve the crime. or
(2) If the victim services division of the Indiana criminal justice
institute finds a compelling reason for failure of the victim or
claimant to report to or cooperate with law enforcement officials.
is less than eighteen (18) years of age, a report of the sex crime
must be made to child protective services or a law
enforcement officer. The division may not deny an application
for reimbursement under this subdivision solely because the
victim reported the sex crime more than ninety-six (96) hours
after the crime's occurrence.
If the division finds a compelling reason for failure to report to or
cooperate with law enforcement officials and justice requires, the
division may suspend the requirements of this section.
(d) If the requirements of subsection (c) are met, the victim services
division of the Indiana criminal justice institute shall reimburse a
medical service provider for costs in providing the following services:
(1) Appropriate medical care.
(2) Appropriate procedures for acquiring adequate evidence that
may be used in a criminal proceeding against a person accused of
the sex crime.
(3) Records of the results of examinations and tests made by the
hospital.
(4) Appropriate counseling for the victim.
A medical service provider may not charge the victim for services
because the victim services division of the Indiana criminal justice
institute delays in reimbursing the provider.
(e) (i) Costs incurred by a licensed medical service provider for the
examination of the victim of a sex crime (under IC 35-42-4) not
covered under IC 16-21-8 or incest (under IC 35-46-1-3) may not be
charged to the victim of the crime if the examination is performed for
the purposes of gathering evidence for possible prosecution. The costs
are local costs to be paid by the county in which the alleged crime was
committed.
SOURCE: IC 5-2-6.1-41; (06)ES0300.1.19. -->
SECTION 19. IC 5-2-6.1-41 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 41. The fund consists
of amounts deposited under IC 33-37-7-9, IC 34-51-3-6, and
IC 35-50-5-3 and appropriations from the general assembly.
SOURCE: IC 16-18-2-1.8; (06)ES0300.1.20. -->
SECTION 20. IC 16-18-2-1.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 1.8. "Additional forensic
services", for purposes of IC 16-21-8, means the following:
(1) Initial pregnancy and sexually transmitted disease testing
related to an alleged sex crime.
(2) Prophylactic medication related to pregnancy, pregnancy
testing, or sexually transmitted disease testing. However, this
subdivision does not include HIV prophylactic medication
that may be paid at the discretion of the victim services
division of the Indiana criminal justice institute.
(3) Alcohol and drug testing.
(4) Syphilis testing up to ninety (90) days after an alleged sex
crime.
(5) Pregnancy testing up to thirty (30) days after an alleged
sex crime.
(6) Mental health counseling concerning problems directly
related to an alleged sex crime.
SOURCE: IC 16-18-2-139.5; (06)ES0300.1.21. -->
SECTION 21. IC 16-18-2-139.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]:
Sec. 139.5. "Forensic medical exam",
for purposes of IC 16-21-8, means the following:
(1) Appropriate procedures for acquiring evidence that may
be used in a criminal proceeding against a person charged
with a sex crime.
(2) Suturing and care of wounds that stem directly from the
sex crime, including anesthesia and prescribed medication.
SOURCE: IC 16-21-8-0.6; (06)ES0300.1.22. -->
SECTION 22. IC 16-21-8-0.6, AS ADDED BY P.L.90-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 0.6. As used in this chapter, "provider" means a
hospital or licensed medical services provider that provides emergency
forensic medical exams and additional forensic services to a victim.
SOURCE: IC 16-21-8-1; (06)ES0300.1.23. -->
SECTION 23. IC 16-21-8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (a) A hospital
licensed under IC 16-21-2 that provides general medical and surgical
hospital services shall provide emergency hospital service forensic
medical exams and additional forensic services, in accordance with
rules adopted by the victim services division of the Indiana criminal
justice institute, to all alleged sex crime victims who apply for hospital
emergency forensic medical exams and additional forensic services
in relation to injuries or trauma resulting from the alleged sex crime.
(b) For the purposes of this chapter, the following crimes are
considered sex crimes:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Vicarious sexual gratification (IC 35-42-4-5).
(5) Sexual battery (IC 35-42-4-8).
(6) Sexual misconduct with a minor (IC 35-42-4-9).
SOURCE: IC 16-21-8-2; (06)ES0300.1.24. -->
SECTION 24. IC 16-21-8-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) Community or
areawide plans may be developed by the hospitals.
(b) A hospital may participate with at least one (1) other hospital in
a community or an areawide plan to furnish hospital emergency
forensic medical exams and additional forensic services to alleged
sex crime victims. A hospital participating in the plan must furnish the
hospital emergency forensic medical exams and additional forensic
services that the plan designates to an alleged sex crime victim who
applies for hospital emergency forensic medical exams and
additional forensic services for injuries or trauma resulting from the
alleged sex crime.
SOURCE: IC 16-21-8-3; (06)ES0300.1.25. -->
SECTION 25. IC 16-21-8-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. A hospital providing
emergency hospital that provides forensic medical exams and
additional forensic services shall provide the forensic medical
exams and additional forensic services to an alleged sex crime victim
under this chapter shall provide the following with the consent of the
alleged sex crime victim and as ordered by the attending physician.
(1) Appropriate medical care.
(2) Appropriate procedures for acquiring adequate evidence that
may be used in a criminal proceeding against a person accused of
the sex crime.
(3) Records of the results of examinations and tests made by the
hospital.
(4) Appropriate counseling for the victim.
SOURCE: IC 16-21-8-4; (06)ES0300.1.26. -->
SECTION 26. IC 16-21-8-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. The victim services
division of the Indiana criminal justice institute shall assist in the
development and operation of programs that provide emergency
forensic medical exams and additional forensic services to alleged
sex crime victims, and if necessary, provide grants to hospitals for this
purpose.
SOURCE: IC 16-21-8-5; (06)ES0300.1.27. -->
SECTION 27. IC 16-21-8-5, AS AMENDED BY P.L.90-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 5. (a) The division shall award compensation or
reimbursement under this chapter for forensic medical exams.
(b) The division may not shall award compensation or
reimbursement under this chapter unless for additional forensic
services if the following conditions are met:
(1) If the victim is at least eighteen (18) years of age:
(A) the sex crime must be reported to a law enforcement
officer within ninety-six (96) hours after the crime's
occurrence; and
(B) the victim must cooperate to the fullest extent possible
with law enforcement personnel to solve the crime.
(2) If the victim is less than eighteen (18) years of age, a report of
the sex crime must be made to child protective services or a law
enforcement officer. The division may not deny an application for
reimbursement under this subdivision based on the victim
reporting the sex crime more than ninety-six (96) hours after the
crime's occurrence.
(b) (c) If the division finds a compelling reason for failure to report
to or cooperate with law enforcement officials and justice requires, the
division may suspend the requirements of this section.
(c) (d) A claim filed for services provided at a time before the
provision of the emergency forensic medical exams and additional
forensic services for which an application for reimbursement is filed
is not covered under this chapter.
SOURCE: IC 16-21-8-6; (06)ES0300.1.28. -->
SECTION 28. IC 16-21-8-6, AS AMENDED BY P.L.90-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 6. (a) When a provider provides emergency
services forensic medical exams and additional forensic services
under this chapter to a victim, the provider shall furnish the services
without charge.
(b) When a provider provides additional forensic services under
section 5(b) and 5(c) of this chapter, the provider shall furnish the
services without charge.
(c) The division shall reimburse a provider for the cost for providing
services and shall adopt rules and procedures to provide for
reimbursement.
(c) (d) The application for reimbursement must be filed not more
than one hundred eighty (180) days after the date the service was
provided.
(d) (e) The division shall approve or deny an application for
reimbursement filed under subsection (b) not more than one hundred
twenty (120) days after receipt of the application for reimbursement.
(e) (f) A provider may not charge the victim for services required
under this chapter despite delays in reimbursement from the division.
SOURCE: IC 35-41-1-6.3; (06)ES0300.1.29. -->
SECTION 29. IC 35-41-1-6.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6.3. "Crime of domestic
violence," for purposes of IC 3-7-13-5, IC 5-2-6.1, and IC 33-28-4-8,
means an offense or the attempt to commit an offense that:
(1) has as an element the:
(A) use of physical force; or
(B) threatened use of a deadly weapon; and
(2) is committed against a:
(A) current or former spouse, parent, or guardian of the
defendant;
(B) person with whom the defendant shared a child in
common;
(C) person who was cohabiting with or had cohabited with the
defendant as a spouse, parent, or guardian; or
(D) person who was or had been similarly situated to a spouse,
parent, or guardian of the defendant.
SOURCE: IC 5-2-6.1-37; (06)ES0300.1.30. -->
SECTION 30. IC 5-2-6.1-37 IS REPEALED [EFFECTIVE JULY
1, 2006].
SOURCE: ; (06)ES0300.1.31. -->
SECTION 31.
An emergency is declared for this act.