2020 INDIANA LEGISLATION
INDIANA LEGISLATIVE SPOTLIGHT
Bills that could either positively or negatively impact Hoosier families are firmly under the umbrella of reproductive justice and deserve our attention.
Key Dates:
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January 9: Deadline for bill filling
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January 16: Deadline for bills assigned to Committees
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Febuary 4: Last day 3rd reading of Senate bills in House
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March 3: Last day 3rd reading of House bills in the Senate
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March 14: Last day for adjournment of both houses
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HELPFUL LINKS & INFORMATION
SUPPORTING
OPPOSING
LEAVE FOR MISCARRIAGE
Why we are watching: This bill would provide two days of unpaid medical leave in the event of a miscarriage, which would benefit affected parents.
Author:
DIGEST: This bill applies to an employer that employs at least fifty (50) employees for each working day during each of at least twenty (20) calendar work weeks, including the state or a political subdivision.
STATUS:
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January 8, 2020: First reading, referral to Committee on Employment, Labor and Pensions.
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January 9, 2020: Representative Carbaugh added as co-author.
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January 14, 2020: Representatives Summers and Fleming added as coauthors.
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HB1141
CONTRACEPTION PRESCRIBING AND insurance COVERAGE
Why we are watching: This bill would allow pharmacists to prescribe and dispense hormonal birth control, which can make it easier to obtain. It also mandates that health plans provide contraception coverage, though it unfortunately makes an exception for religious employers.
Author:
DIGEST: Allows pharmacists to prescribeand dispense self-administered oral hormonal contraceptives and hormonal contraceptive patches (contraceptives). Establishes requirements for pharmacists who want to prescribe and dispense contraceptives. Requires health plans to provide coverage for contraceptives and certain services. Establishes an exception for non-profit religious employers.
STATUS:
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January 7, 2020: First reading, referred to the Committee on Public Health.
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January 9, 2020:Representatives Barrett, Austin, Davisson added as coauthors.
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SB305
CONTRACEPTION COVERAGE
Why we are watching: This bill mandates that health plans provide contraception coverage, though it unfortunately makes an exception for religious employers.
Author:
DIGEST: Requires state employee health plans, policies of accident and sickness insurance, and health maintenance organization contracts to provide coverage for contraceptive products and services without cost sharing. Exempts certain policies and contracts sold to certain employers.
STATUS:
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January 9, 2020: First reading, referred to the Committee on Insurance and Financial Institutions.
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January 16, 2020: Senator Stoops added as coauthor.
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postpartum medicaid
Why we are watching: This bill extends Medicaid coverage for pregnant people for one year after birth, which can help to decrease maternal mortality and improve health outcomes.
Author:
DIGEST: Provides that Medicaid is available to an eligible pregnant woman [person] for the duration of the pregnancy and for the one year postpartum period that begins on the last day of the pregnancy, without regard to any change in income of the family of which she is a member during that time.
STATUS: January 7, 2020: First reading, referred to the Committee Public Health.
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defining consent for sexual assault cases
Why we are watching: This bill expands the definition of consent.
Author:
Co-Authors:
DIGEST: Defines "consent" for an offense involving a sex crime. Provides that a person commits rape if the person engages in sexual activity with another person and the other person: (1) has not given consent; or (2) submits to the sexual activity under the belief that the person committing the act is someone the victim knows, other than the person committing the act, and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the person.
STATUS:
January 8, 2020: First reading, referred to the Committee on Courts and Criminal Code.
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LEWD TOUCHING
Why we are watching: This bill defines "lewd touching," a misdemeanor, unless committed by an elected officeholder, in which case it would be a felony. It would appear to be influcenced by the case against current Attorney General Curtis Hill, who has been accused of sexual misconduct.
Author:
DIGEST: Provides that a person who, without the consent of the other person, knowingly or intentionally rubs or fondles another person's covered or uncovered genitals, buttocks, pubic area, or female breast, commits lewd touching, a Class A misdemeanor. Enhances the penalty for lewd touching if: (1) it is committed by using or threatening the use of deadly force; (2) it is committed while armed with a deadly weapon; (3) the commission of the offenses is facilitated with a drug or controlled substance; (4) it is committed by an officeholder; or (5) it is committed by an individual who has a previous unrelated conviction for the offense.
STATUS: January 7, 2020: First reading, referred to the Committee on Courts and Criminal Code.
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REMOVAL OF ELECTED OFFICIALS
Why we are watching: While "disorderly conduct" can be cited to remove an elected official from office, this bill expands the definition to inlcude sexual misconduct. It also creates an Officeholder Oversight Commission to review such cases.
This bill appears to be influcenced by the case against current Attorney General Curtis Hill, who has been accused of sexual misconduct.
Author:
DIGEST: Provides that disorderly behavior, which can be the basis of expulsion from the general assembly, includes sexual misconduct, committing certain sex crimes, and engaging in conduct that is inconsistent with the high ethical standards of the general assembly. Creates the officeholder oversight commission, which may remove certain statewide officeholders from office for engaging in sexual misconduct, committing certain sex crimes, or engaging in conduct inconsistent with the high ethical standards of their office.
Provides that a person who, without the consent of the other person, knowingly or intentionally rubs or fondles another person's covered or uncovered genitals, buttocks, pubic area, or female breast, commits lewd touching, a Class A misdemeanor. Enhances the penalty for lewd touching if: (1) it is committed by using or threatening the use of deadly force; (2) it is committed while armed with a deadly weapon; (3) the commission of the offenses is facilitated with a drug or controlled substance; (4) it is committed by an officeholder; or (5) it is committed by an individual who has a previous unrelated conviction for the offense.
STATUS: January 7, 2020: First reading, referred to the Committee on Government and Regulatory Reform.
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defining SEXUAL BATTERY
Why we are watching: This bill simplifies and generalizes the definition of sexual battery.
Author:
Co-Authors:
DIGEST: Provides that a person who, with the intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person: (1) touches the other person's genitals, pubic area, buttocks, or breast; and (2) knew or reasonably should have known it was against the consent of the other person; commits sexual battery, a Level 6 felony.
STATUS: January 8, 2020: First reading, referred to the Committee on Courts and Criminal Code.
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sexual assault victims' rights
Why we are watching: This bill codifies the rights of sexual assault victims to include access to a counselor and forensic testing.
Authors:
DIGEST: Provides rights to sexual assault victims, including the right to: (1) have a sexual assault counselor present before or during a forensic medical exam or an interview with a law enforcement officer or a defense attorney; (2) the collection of sexual assault forensic evidence; (3) the analysis of the sexual assault forensic evidence; and (4) notice.
STATUS: January 6, 2020: First reading, referred to the Committee on Corrections and Criminal Law.
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prevention of sexual violence, domestic violence, and stalking
Why we are watching: This bill outlines specific actions that would be required by post-secondary educational institutions in regard to sexual violence, domestic violence, and stalking.
Authors:
DIGEST: Requires each approved postsecondary educational institution to do the following: (1) Establish a comprehensive policy concerning sexual violence, domestic violence, and stalking (comprehensive policy). (2) Develop a concise notice, written in plain language, regarding the rights and options of students who are victims of sexual violence, domestic violence, or stalking, and provide the notice to students from whom the approved postsecondary educational institution receives a report of a violation of the comprehensive policy.
(3) Designate one or more individuals to serve as confidential advisors to provide emergency and ongoing support to students who are victims of sexual violence, domestic violence, or stalking. (4) Establish a complaint resolution procedure to resolve reports of student violations of an approved postsecondary educational institution's comprehensive policy. (5) Provide training and information concerning sexual violence, domestic violence, and stalking to students and certain employees of the approved postsecondary educational institution.
(6) Establish an approved postsecondary educational institution campus wide task force or participate in a regional task force to work toward improving coordination among community leaders and service providers in the prevention of sexual violence, domestic violence, and stalking, and ensure a coordinated response of law enforcement and victim services.
(7) Submit a report to the commission for higher education (commission) concerning an approved postsecondary educational institution's comprehensive policy, notice of student rights and options, and information regarding reports of sexual violence, domestic violence, and stalking at the approved postsecondary educational institution.
Requires the commission to maintain on the commission's Internet web site a list of all the approved postsecondary educational institutions that fail to comply with the reporting requirements
STATUS: January 6, 2020: First reading, referred to the Committee on Education and Career Development.
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expanding civil rights statutes
Why we are watching: This bill extends civil rights protections to include LGBTQ+ persons and veterans.
Author:
DIGEST: Extends certain antidiscrimination and civil rights statutes to prohibit discrimination based on sexual orientation, gender identity, national origin, disability, veteran status, and ancestry.
STATUS:
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January 9, 2020: First reading, referred to the Committee on Judiciary.
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January 13, 2020: Senator Becker added as second author.
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January 16, 2020: Senator Stoops added as coauthor.
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racial profiling
Why we are watching: This bill prohibits law enforcement agencies from racial profiling and requires additional record-keeping and training for officers. This would benefit persons of color in Indiana.
Author:
DIGEST: Prohibits a law enforcement agency or a law enforcement officer from engaging in racial profiling or conducting pretextual stops. Requires a law enforcement agency to adopt a detailed policy that defines the elements of racial profiling and pretextual stops, and requires a law enforcement agency to collect certain data relating to stops made by law enforcement officers. Requires cultural diversity awareness training and training on unlawful racial profiling and pretextual stops for law enforcement officers. Specifies that a law enforcement agency shall transmit to the attorney general information concerning racial profiling complaints, investigations, and any action taken, as well as data collected relating to stops made by the law enforcement agency.
Establishes the racial profiling review commission to review complaints of unlawful racial profiling and unlawful pretextual stops. Permits a person to bring a civil action based on unlawful racial profiling and unlawful pretextual stops. Permits a law enforcement agency to use certain federal funds to purchase vehicle cameras and body cameras, and establishes training standards and standards for use.
STATUS: January 8, 2020: First reading, referred to the Committee on Veterans Affairs and Public Safety.
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implicit bias in medicine
Why we are watching: This bill would require medical schools in Indiana to include implicit bias training. Bias in medicine often leads to worse outcomes for women and minorities.
Author:
DIGEST: Requires the medical education board to establish an education program for first year medical students that addresses implicit bias in the delivery of health care services to different racial and ethnic minority groups in Indiana.
STATUS: January 7, 2020: First reading, referred to the Committee on Public Health.
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violent crime and public health
Why we are watching: This measure would require the state to study the impacts of violence on public health, which it currently does not do.
Author:
DIGEST: Requires the legislative council to assign to the appropriate interim study committee the study of the impact of violent crime as a public health issue.
STATUS: January 7, 2020: First reading, referred to the Committee on Rules and Legislative Procedures.
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minimum wage increase
Why we are watching: This bill would increase the minimum wage in increments, which benefits all low-wage workers in Indiana.
Author:
DIGEST: Increases the minimum wage paid to certain employees in Indiana as follows: (1) After June 30, 2021, from $7.25 an hour to $10 an hour. (2) After June 30, 2022, from $10 an hour to $13 an hour. (3) After June 30, 2023, from $13 an hour to $15 an hour.
Provides that after June 30, 2024, and each subsequent June 30, the hourly minimum wage increases at the same percentage as any increase in the Consumer Price Index for the preceding calendar year. Makes technical corrections and corresponding changes.
STATUS:
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January 6, 2020: First reading, referred to the Committee on Pensions and Labor.
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January 16, 2020: Senator Stoops added as coauthor.
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HB1401 Health care for incarcerated women
Why we are watching: This bill would provide unlimited menstrual products to incarcerated women in Indiana. It would also ensure that pregnant inmates receive appropriate medical care and accommodations throughout pregnancy and after delivery.
Author:
DIGEST: Requires the department of correction to provide free and unlimited access to toilet paper, tampons, and pads to any incarcerated woman held by the department. Requires the department to provide the following prenatal, postnatal, and postpartum treatment to pregnant or postpartum women, as applicable: (1) Medical examinations. (2) Certain laboratory and diagnostic tests. (3) Counseling concerning the safe and proper administration of prescribed medications and dietary supplements. (4) Counseling concerning recommended vaccinations. (5) The administration of certain medications for women suffering from an active substance use disorder during pregnancy. (6) An appropriate space for lactating women to pump or express breast milk. (7) Counseling concerning lactation and breastfeeding and a medically appropriate diet for lactating mothers. (8) Access to a doula in certain instances. (9) The presence of a family member during delivery.
Requires the department to create and implement written policies that do the following: (1) Require the proper documentation for all prenatal, postnatal, and postpartum care provided by the department. (2) Require certain medical documentation to be made available to a physician or qualified medical professional upon request. (3) Designate one or more local hospitals as possible venues for the administration of necessary prenatal, postnatal, or postpartum care, as applicable. (4) Establish an administrative preference for administering prenatal, postnatal, and postpartum care at a hospital. (5) Prohibit certain disclosures on a child's birth certificate when a child is born to a woman who is incarcerated. (6) Provide women with access to: (A) conventional beds; or (B) bottom bunks; during pregnancy or the six weeks following the delivery of a child, as applicable, in order to minimize the risk of serious injury in the event of a fall. (7) Require the timely reporting of certain obstetric emergencies to a physician or qualified medical professional. (8) Allow for the timely examination of a women by a physician or qualified health provider upon a woman's arrival at a hospital or local medical facility. (9) Establish a written policy that complies with specified requirements concerning the use of restraints, shackles, and restraint techniques on pregnant and postpartum women. (10) Require correctional officers to remain outside of delivery rooms in certain instances.
Provides the department with rulemaking and emergency rulemaking authority for the purpose of creating and implementing certain practices and policies. Requires the department to adopt specified standards that apply to county jails. Provides that: (1) agents; (2) employees; and (3) persons contracted to work on behalf of the department; are immune from civil liability, damages, and punitive damages, for certain acts or omissions. Specifies an exception. Makes conforming amendments.
STATUS: January 15, 2020: First reading, referred to the Committee on Courts and Criminal Code.
Protection of life
Why we are watching: This bill specifies that life begins at the moment of conception and BANS ALL ABORTIONS in the state of Indiana.
Authors:
DIGEST: Repeals the statutes authorizing and regulating abortion. Finds that human physical life begins when ahuman ovum is fertilized by a human sperm. Asserts a compelling state interest in protecting human physical life from the moment that human physical life begins.
Provides that court decisions to enjoin the law are void. Specifies the duty of Indiana officials to enforce the law.Specifies that federal officials attempting to enforce contrary courtorders against Indiana officials enforcing the law shall be subject toarrest by Indiana law enforcement.
Redefines "human being" for purposes of the criminal code to conform to the finding that human physical life begins when a human ovum is fertilized by a humansperm. Makes other conforming changes.
STATUS: January 16, 2020: First reading, referred to the Committee on Public Policy.
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fetal remains
Why we are watching: This bill specifies that only cremation or burial may be used to dispose of fetal remains. It also states that a person undergoing a chemical abortion may return their fetal remains to the abortion provider for disposal by cremation or burial. This creates additional burdens for providers and could be used as an argument to establish personhood for fetal remains.
Authors:
DIGEST: Provides that the state department of health must include on a form that the pregnant woman may, after a chemical abortion, place the aborted fetus in a sealed container and return the aborted fetus to the health care provider or abortion clinic for disposition by interment or cremation. Allows for aborted fetuses to only be disposed of by cremation or burial. Allows, in the case of a chemical abortion, the pregnant woman to return an aborted fetus to the health care facility or abortion clinic for disposal. Requires the health care facility or abortion clinic to dispose of the returned fetus by cremation or interment.
Requires that a burial transit permit that includes multiple aborted fetal remains be accompanied by a log prescribed by the state department containing certain information about each fetus included under the burial transit permit.
STATUS: January 9, 2020: First reading, referred to the Committee on Health and Provider Services.
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Conscience protection for mental health providers
Why we are watching: This bill would allow mental health providers to refuse taking part in or providing services that violate their religious beliefs. These provisions tend to unfairly target LGBTQ+ persons.
Authors:
DIGEST: Provides that a behavioral health or human services professional (professional) may be not required to: (1) perform; (2) participate in; or (3) provide; a service that violates any sincerely held ethical, moral, or religious belief held by the professional. Provides that a professional may not be required to perform, participate in, or provide, as a condition of: (1) training; (2) employment; (3) pay; (4) promotion; or (5) privileges; a service that violates any sincerely held ethical, moral, or religious belief held by the professional.
Prohibits a hospital or other employer from: (1) discriminating against; or (2) disciplining; a professional because of a sincerely held ethical, moral, or religious belief held by the professional. Allows a professional to bring a civil cause of action in certain instances. Specifies certain remedies and requirements. Requires a professional to refer a person who is denied service on ethical, moral, or religious grounds to an alternative professional.
STATUS: January 7, 2020: First reading, referred to the Committee on Health and Provider Services.
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gender on driver's licenses
Why we are watching: This bill would roll back the "nonbinary" designation on existing licenses and prohibit the use of "nonbinary" on future driver's licenses. This targets genderfluid and binary persons and would force them to either identify as male or female on their driver's license.
Authors:
DIGEST: Defines "gender" for purposes of the motor vehicle law. Defines "nonbinary designation" for purposes of the motor vehicle law. Defines "sex" for purposes of certificates of birth. Sets forth requirements to change the gender that appears on: (1) a driver's license; (2) a driver's permit; (3) an identification card; or (4) a photo exempt identification card.
Prohibits: (1) a driver's license; (2) a driver's permit; (3) an identification card; or (4) a photo exempt identification card; from displaying a nonbinary designation. Specifies that certain credentials with a nonbinary designation are valid until their date of expiration. Requires a person to specify a gender when renewing a credential that previously displayed a nonbinary designation.
Specifies that the presence of a nonbinary designation on a credential used to obtain: (1) a driver's license; (2) a driver's permit; (3) an identification card; or (4) a photo exempt identification card; does not abrogate certain prohibitions concerning the display of nonbinary designations.
STATUS:
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January 7, 2020: First reading, referred to the Committee on Public Policy.
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January 9, 2020: Senator Kruse added as second author.
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January 9, 2020: Senator Crane added as third author.
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January 9, 2020: Senator Gaskill added as coauthor.
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SB131
national motto in schools
Why we are watching: Would require all Indiana schools to display "In God We Trust" in a size no smaller than 11"x 17". This would constitute a violation of the Establishment Clause.
Author:
DIGEST: Provides that each school corporation and charter school shall place a durable poster or framed picture representing: (1) the national motto of the United States, "In God We Trust"; (2) an accurate representation of the United States flag; and (3) an accurate representation of the Indiana state flag; in each school library and classroom within the school corporation or charter school. Specifies the size requirements for the poster or framed picture and the national motto and flags of the United States and state of Indiana.
STATUS:
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January 6, 2020: First reading, referred to the Committee on Education and Career Development.
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January 23, 2020: Passed out of committee.
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January 27, 2020: Second reading: ordered engrossed.
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SB196
residency status of prisoners
Why we are watching: Requires correctional facilities to cooperate with the Department of Homeland Security in determining the legal residency status of prisoners.
Author:
DIGEST: Provides that a person in charge of a jail, prison, correctional facility, or other place of detention (person) shall attempt to determine the legal residency status of a prisoner. Requires the person to contact Immigration and Customs Enforcement of the United States Department of Homeland Security (DHS) to make a residency status query under certain circumstances. Provides that if DHS requests to interview a prisoner regarding the prisoner's residency status, the jail, prison, correctional facility, or other place of detention shall accommodate the request.
Provides that if DHS notifies a person that a prisoner is the subject of a detainer or administrative warrant, the following must occur: (1) The person shall petition a circuit or superior court regarding the detainer or warrant. (2) The circuit or superior court shall order the prisoner to be detained for 48 hours if the prisoner is the subject of the detainer or warrant.
STATUS: January 6, 2020: First reading, referred to the Committee on Homeland Security and Transportation.