Sen. Eric Koch

Adds telecommunications network wire to the definition of "valuable metal" for purposes of Indiana law governing valuable metal dealers. Moves existing criminal penalties concerning valuable metals to the criminal code. Provides that a person may not sell or attempt to sell, and a valuable metal dealer may not purchase or attempt to purchase, telecommunications network wire in any amount unless specified conditions are satisfied. Provides that a person who suffers a pecuniary loss as a result of a violation of Indiana law governing valuable metal dealers may bring a civil action for specified damages against the person who caused the loss.

Requires the Indiana housing and community development authority (authority) to establish eligibility criteria for a potential recipient to be included in the authority's application for funding under the federal continuum of care program (program). Requires a recipient of program funding to submit an annual report to the authority. Defines "gravely disabled" for purposes of involuntary commitment. Prohibits an individual from camping, sleeping, or using for long term shelter land owned by the state or a political subdivision, unless the land has been authorized for that use by law. Requires a law enforcement officer who discovers a person unlawfully using land owned by the state or a political subdivision for unlawful camping, sleeping, or long term shelter to determine if there are reasonable grounds for an emergency detention of the person, and, if reasonable grounds exist, to proceed under the emergency detention procedure and not the criminal law. Provides that, if there are not grounds for emergency detention and certain elements are met, a person who knowingly or intentionally uses land owned by the state or a political subdivision for unauthorized camping, sleeping, or long term shelter commits a Class C misdemeanor. Creates a defense to the crime if: (1) no beds are available in a shelter or treatment facility located within five miles; or (2) less than six months have passed since the person was released from a facility to which the person was involuntarily committed. Prohibits a political subdivision from adopting or enforcing any policy that prohibits or discourages the enforcement of any order or ordinance prohibiting public camping, sleeping, or other obstruction of a sidewalk. Requires: (1) each local law enforcement agency to provide to the state police department the number of arrests made for violations of the prohibition of street camping; and (2) the state police department to provide this information to the authority. Specifies that the bill does not prohibit a policy, program, or order of a political subdivision that encourages a diversion program or encourages or requires providing housing or shelter in lieu of a citation or arrest. Makes technical corrections.

Removes an examination requirement for certain pharmacists for license reciprocity. Requires an individual to pass the North American Pharmacist Licensure Examination to be eligible for licensure as a pharmacist. Voids or requires the amendment of certain administrative rules. Makes technical changes.

Establishes a procedure to prevent certain personal information of a protected judicial individual from being publically available by a public agency. Creates a civil cause of action against a public agency that fails to remove certain personal information of a protected individual. Repeals current code concerning the supreme court sheriff. Allows the supreme court and the court of appeals to each appoint a court marshal and allows each appointed court marshal to hire deputy court marshals. Requires a court marshal to ensure the safety and security of the court. Requires a supreme court marshal and a court of appeals court marshal to carry out certain responsibilities. Provides that a court marshal is entitled to qualified immunity for acts performed in the course of official duties. Specifies that a court marshal has limited police powers and is required to notify the local law enforcement agency as soon as practicable when a security threat is detected. Allows the marshal appointed by the court of appeals to provide for the safety and security of the tax court.

Requires an initiating party that submits a request for independent dispute resolution to provide written notice to the facility not later than three business days after submitting the request. Allows a health carrier to provide notice to an out of network provider and a facility if, during any 90 day period, an initiating party submits requests for independent dispute resolutions that, in the aggregate, include 25 or more qualified disputes. Provides that if a health carrier provides the notice, the health carrier, the out of network provider, and the facility shall engage in good faith efforts to negotiate a resolution. Prohibits a health carrier from assessing a facility or a provider an administrative fee or penalty related to the provision of care to an individual that involves an out of network provider. Provides that if a health carrier assesses a facility or a provider an administrative fee or penalty related to the provision of care to an individual that involves an out of network provider, the health carrier commits an unfair and deceptive act or practice in the business of insurance.

Requires the names and specified other information of child victims, child witnesses, and certain other persons to be redacted in criminal actions. Requires the use of an anonymous designator such as "Child Witness No. 1" when redacting a name, and prohibits redaction that uses the person's initials or that describes the person in terms of a family relationship.

Establishes the guardianship code revision task force (task force) to study a recodification of the current guardianship code with any necessary changes. Allows a person indebted to a minor or having possession of property belonging to a minor to pay the debt or deliver the property without a court order in an amount up to $25,000 and to pay the debt or deliver the property to a custodian under the Indiana Uniform Transfers to Minors Act. Specifies that a court may do the following when issuing a protective order: (1) authorize delivery of property to a custodian under the Indiana Uniform Transfers to Minors Act; and (2) order a trustee, custodian, or other person to file periodic reports concerning certain property transactions of a minor. Allows a person having the care and custody of a minor with whom the minor resides to petition a court to compromise a claim on behalf of the minor. Requires a court to hold a hearing on certain petitions concerning a proposal to compromise a claim on behalf of a minor and allows a court to appoint a guardian ad litem, an attorney, or other representative to represent the best interest of the minor in the proceeding. Provides that, under the Indiana Uniform Transfers to Minors Act, a trustee or administrator of certain plans may transfer funds due under a plan to the custodian of a minor who is designated as a beneficiary. Allows a custodian to transfer part or all of the minor's custodial property out of the custodial form under the Indiana Uniform Transfers to Minors Act to certain types of trusts or accounts without a court order. Provides that when a power of appointment in a trust (earlier power) is exercised to create another power of appointment (subsequent power) or another nonvested property interest, then the subsequent power or nonvested property interest created through the exercise of the earlier power is considered to have been created at the time of the creation of the earlier power, unless: (1) the instrument creating the earlier power; or (2) the instrument exercising the earlier power; explicitly provides that the subsequent power or nonvested property interest is considered to have been created at the time of the irrevocable exercise of the earlier power. Specifies that language conferring general authority in a power of attorney with respect to personal or family maintenance authorizes an attorney in fact to take certain actions on behalf of the principal for the benefit of the principal and the principal's spouse, children, and other persons customarily supported by the principal. Removes the authorization to employ or contract with servants or companions from the description of health care powers. Provides that the application is only to a lifetime or inter vivos transfer of property to a trust or similar arrangement under which the spouse of the transferor is granted an earlier power that can be exercised during the spouse's lifetime or upon the spouse's death to create a subsequent limited power of appointment or another nonvested property interest. Provides that the exercise of the earlier power or another nonvested property interest is considered to have been created at the time of the creation of the earlier power by the transferor. Specifies that certain written agreements executed between an owner of residential real property and a family member, attorney in fact, health care representative, or guardian that provide for an ownership interest in the residential real property are not prohibited residential real estate service agreements.

Provides that if a law enforcement officer, governmental body, or postsecondary educational institution is made a party to a civil suit and the attorney general determines that the suit has arisen out of certain immigration matters, the attorney general may defend the law enforcement officer, the governmental body, or the postsecondary educational institution if representation is requested and the actions subject to the suit do not violate federal or state law. Provides that the prohibition on governmental bodies or postsecondary educational institutions limiting or restricting the enforcement of federal immigration law applies regardless of whether the enforcement related activity is carried out by a federal, state, or local law enforcement agency. Removes the mens rea standard in the statute concerning governmental bodies or postsecondary institutions violating the citizenship and immigration status information and enforcement of federal laws chapter. Provides that if the attorney general determines that probable cause exists that a governmental entity has not complied with certain requests, the attorney general may bring a court action to: (1) enjoin an act or practice constituting a violation; (2) impose a civil penalty for noncompliance; and (3) and obtain other such relief as is necessary. Provides that before bringing an action against a county jail for certain violations, the attorney general shall consult with the department of correction concerning the most recent inspection report and provide the county jail with notice of the attorney general's probable cause determination. Provides that a governmental body that has the custody of an individual who is the subject of an immigration detainer request shall: (1) provide the judge authorized to grant or deny the individual's release on bail notice that the individual is subject to an immigration detainer request; (2) record in the individual's case file that the individual is subject to an immigration detainer request; (3) comply with the immigration detainer request; and (4) inform the individual that the individual is being held pursuant to an immigration detainer request. Provides immunity to a governmental body or an employee of a governmental body for any action taken concerning an immigration detainer request as long as the action does not violate federal or civil law. Requires a judge who receives notice that an individual is subject to an immigration detainer request to ensure that the notice of the immigration detainer request is recorded in the court's record. Provides that the department of correction shall, in consultation with the attorney general, identify options for training concerning minimum standards for county jails. Provides that compliance with certain standards and the results of an inspection do not preclude and are not a defense to the attorney general bringing an action under IC 5-2-18.2. Provides that the department shall submit to the state budget committee status update reports. Requires the office of the secretary to submit a report to the legislative council concerning certain immigration matters. Provides that each hospital shall, not more than one hundred twenty (120) days after the end of each calendar quarter, file with the state department beginning January 1, 2027, in cases where Medicaid is the patient's payor, the form of identification, if any, used by the patient when the patient was admitted. Specifies that it is unlawful for an employer to knowingly or intentionally recruit, hire, or continue to employ an unauthorized alien in Indiana. Allows the attorney general to bring an enforcement action against an employer if the attorney general determines that probable cause exists that the employer has violated certain recruitment and hiring restrictions concerning an unauthorized alien. Prohibits an employer from discharging or discriminating against an employee because the employee communicated or cooperated with the attorney general.Provides that indecent nuisance means a place in which human trafficking is conducted and is not limited to a public place. Provides that a governmental entity that employs a prosecuting official is entitled to investigative costs, court costs, and reasonable attorney's fees incurred in an indecent nuisance action if the existence of an indecent nuisance is admitted or established in the action. Makes technical changes.

Increases the penalty for a person who: (1) makes a delivery sale of an e-liquid to an individual less than 21 years of age; (2) sells or distributes a tobacco product to a person less than 21 years of age; and (3) purchases a tobacco product for a person less than 21 years of age; from a Class C infraction to a Class B infraction. Makes it a Class B infraction for a person to make a delivery sale of a vapor device to an individual less than 21 years of age. Makes it a Class B infraction for a person to: (1) sell or distribute a vapor device to a person less than 21 years of age; and (2) purchase a vapor device for a person less than 21 years of age. Makes it a Class C infraction for a person less than 21 years of age to purchase, accept, or possess a vapor device. Prohibits a person from advertising an e-liquid or a vapor product, by any medium, within 1,000 feet of school property.

Provides that the state police department is the statewide coordinating agency for counter-UAS activities authorized under federal law. Provides that the bill's provisions apply: (1) if a federal law is enacted that authorizes state or local law enforcement personnel to detect, track, identify, or mitigate a UAS under federal approval, certification, or oversight; and (2) after the governor publishes a notice in the Indiana Register that includes a description of the authorization and identifies the federal statute or program that provides the authorization. Provides that the state police department may designate a law enforcement agency of a political subdivision as a participating agency if the agency satisfies federal requirements for personnel training and operational readiness. Provides that the state police department may designate Indianapolis as a pilot project location due to the concentration of high-risk sites and special event assessment rating events. Provides that mitigation activities may not be performed unless expressly authorized under federal law.