Text of IN SB 182 (2026)

Introduced Version SENATE BILL No. 182 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 1-1-4-5; IC 11-10; IC 16-37-2; IC 24-15-2-14. Synopsis: Gender issues. Defines "female", "male", "gender", and "sex" for all Indiana statutes. Provides that the department of correction shall assign an offender, including a delinquent offender, to a facility or program that is based on the offender's biological sex at birth. Clarifies that a local health officer shall mark the sex of an individual as male or female on a birth certificate. Provides that the Indiana department of health may make an addition to a birth certificate, for purposes of paternity, in certain situations. Provides the circumstances for when the sex designation on a birth certificate can be amended. Effective: July 1, 2026. Brown L January 5, 2026, read first time and referred to Committee on Health and Provider Services. 2026 IN 182—LS 6808/DI 107 Introduced Second Regular Session of the 124th General Assembly (2026) 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 2025 Regular Session of the General Assembly. SENATE BILL No. 182 A BILL FOR AN ACT to amend the Indiana Code concerning general provisions. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 1-1-4-5, AS AMENDED BY P.L.238-2025, 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2026]: Sec. 5. (a) The following definitions apply to the 4 construction of all Indiana statutes, unless the construction is plainly 5 repugnant to the intent of the general assembly or of the context of the 6 statute: 7 (1) "Adult", "of full age", and "person in his majority" mean a 8 person at least eighteen (18) years of age. 9 (2) "Attorney" includes a counselor or other person authorized to 10 appear and represent a party in an action or special proceeding. 11 (3) "Autism" means a neurological condition as described in the 12 most recent edition of the Diagnostic and Statistical Manual of 13 Mental Disorders of the American Psychiatric Association. 14 (4) "Bond" does not necessarily imply a seal. 15 (5) "Clerk" means the clerk of the court or a person authorized to 16 perform the clerk's duties. 17 (6) Except as provided in subsection (c), "female", when 2026 IN 182—LS 6808/DI 107 2 1 referencing the human species, means an individual who 2 naturally has, had, will have, or would have, but for a 3 congenital anomaly, an intentional disruption, or an 4 unintentional disruption, the reproductive system that at some 5 point produces, transports, and utilizes eggs for fertilization. 6 (7) "Gender", when used alone to refer to males, females, or 7 the natural differences between males and females is a 8 synonym for sex. 9 (6) (8) "Health record", "hospital record", or "medical record" 10 means written or printed information possessed by a provider (as 11 defined in IC 16-18-2-295) concerning any diagnosis, treatment, 12 or prognosis of the patient, unless otherwise defined. Except as 13 otherwise provided, the terms include mental health records and 14 drug and alcohol abuse records. 15 (7) (9) "Highway" includes county bridges and state and county 16 roads, unless otherwise expressly provided. 17 (8) (10) "Infant" or "minor" means a person less than eighteen 18 (18) years of age. 19 (9) (11) "Inhabitant" may be construed to mean a resident in any 20 place. 21 (10) (12) "Judgment" means all final orders, decrees, and 22 determinations in an action and all orders upon which executions 23 may issue. 24 (11) (13) "Land", "real estate", and "real property" include lands, 25 tenements, and hereditaments. 26 (14) Except as provided in subsection (c), "male", when 27 referencing the human species, means an individual who 28 naturally has, had, will have, or would have, but for a 29 congenital anomaly, an intentional disruption, or an 30 unintentional disruption, the reproductive system that at some 31 point produces, transports, and utilizes sperm for fertilization. 32 (12) (15) "Mentally incompetent" means of unsound mind. 33 (13) (16) "Money demands on contract", when used in reference 34 to an action, means an action arising out of contract when the 35 relief demanded is a recovery of money. 36 (14) (17) "Month" means a calendar month, unless otherwise 37 expressed. 38 (15) (18) "Noncode statute" means a statute that is not codified as 39 part of the Indiana Code. 40 (16) (19) "Oath" includes "affirmation", and "to swear" includes 41 to "affirm". 42 (17) (20) "Person" extends to bodies politic and corporate. 2026 IN 182—LS 6808/DI 107 3 1 (18) (21) "Personal property" includes goods, chattels, evidences 2 of debt, and things in action. 3 (19) (22) "Population" has the meaning set forth in IC 1-1-3.5-3. 4 (20) (23) "Preceding" and "following", referring to sections in 5 statutes, mean the sections next preceding or next following that 6 in which the words occur, unless some other section is designated. 7 (21) (24) "Property" includes personal and real property. 8 (25) Except as provided in subsection (c), "sex" refers to the 9 two (2) sexes, female and male, in the human species with the 10 organization of the anatomy, hormones, and the gametes 11 oriented toward fertilization without regard to the 12 individual's psychological, behavioral, social, chosen, or 13 subjective experience of gender. 14 (22) (26) "Sheriff" means the sheriff of the county or another 15 person authorized to perform sheriff's duties. 16 (23) (27) "State", applied to any one (1) of the United States, 17 includes the District of Columbia and the commonwealths, 18 possessions, states in free association with the United States, and 19 the territories. "United States" includes the District of Columbia 20 and the commonwealths, possessions, states in free association 21 with the United States, and the territories. 22 (24) (28) "Under legal disabilities" includes persons less than 23 eighteen (18) years of age, mentally incompetent, or out of the 24 United States. 25 (25) (29) "Verified", when applied to pleadings, means supported 26 by oath or affirmation in writing. 27 (26) (30) "Will" includes a testament and codicil. 28 (27) (31) "Without relief" in any judgment, contract, execution, 29 or other instrument of writing or record, means without the 30 benefit of valuation laws. 31 (28) (32) "Written" and "in writing" include printing, 32 lithographing, or other mode of representing words and letters. If 33 the written signature of a person is required, the terms mean the 34 proper handwriting of the person or the person's mark. 35 (29) (33) "Year" means a calendar year, unless otherwise 36 expressed. 37 (30) (34) The definitions in IC 35-31.5 apply to all statutes 38 relating to penal offenses. 39 (b) This subsection applies to the definitions of "Hoosier veteran" 40 and "veteran" when used in reference to state programs for veterans. 41 The term "veteran" includes "Hoosier veteran", and applies to the 42 construction of all Indiana statutes, unless the construction is expressly 2026 IN 182—LS 6808/DI 107 4 1 excluded by the terms of the statute, is plainly repugnant to the intent 2 of the general assembly or of the context of the statute, or is 3 inconsistent with federal law. "Hoosier veteran" means an individual 4 who meets the following criteria: 5 (1) The individual is a resident of Indiana. 6 (2) The individual served in an active or reserve component of the 7 armed forces of the United States or the Indiana National Guard. 8 (3) The individual completed any required military occupational 9 specialty training and was not discharged or separated from the 10 armed forces or the Indiana National Guard under conditions 11 other than conditions set forth in IC 10-17-12-7.5(2). 12 The definitions set forth in this subsection may not be construed to 13 affect a Hoosier veteran's eligibility for any state program that is based 14 upon a particular aspect of the Hoosier veteran's service such as a 15 disability or a wartime service requirement. 16 (c) The definitions of: 17 (1) "sex", in subsection (a)(25); 18 (2) "male", in subsection (a)(14); and 19 (3) "female", in subsection (a)(6); 20 do not preclude the reasonable accommodation of an individual 21 with a congenital and physically verifiable diagnosis of a disorder 22 of sex development (DSD) or a difference in sex development 23 (DSD). 24 SECTION 2. IC 11-10-1-3 IS AMENDED TO READ AS 25 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 3. (a) Upon completion 26 of the evaluation prescribed in section 2 of this chapter and before 27 assigning him an offender to a facility or program, the department 28 shall determine the appropriate degree of security (maximum, medium, 29 or minimum) for each offender as described in IC 35-38-3-6. In making 30 that determination the department shall, in addition to other relevant 31 information, consider: 32 (1) the results of the evaluation prescribed in section 2 of this 33 chapter; 34 (2) the recommendations of the sentencing court; and 35 (3) the degree and kind of custodial control necessary for the 36 protection of the public, staff, other confined persons, and the 37 individual being considered. 38 (b) After determining the offender's security classification, the 39 department shall assign him the offender to a facility or program; 40 make an initial employment, education, training, or other assignment 41 within that facility or program; and order medical, psychiatric, 42 psychological, or other services. In making the assignment, the 2026 IN 182—LS 6808/DI 107 5 1 department shall, in addition to other relevant information, consider: 2 (1) the results of the evaluation prescribed in section 2 of this 3 chapter; 4 (2) the offender's security classification; 5 (3) the offender's need for special therapy or programs, including 6 employment, education, or training available only in specific 7 facilities or programs; 8 (4) the likelihood of the offender's reintegration into the 9 community in which the facility or program is located; 10 (5) the desirability of keeping the offender in a facility or program 11 near the area in which he the offender resided before 12 commitment; 13 (6) the desires of the offender; 14 (7) the current population levels of the facilities or programs 15 considered appropriate for the offender; and 16 (8) the length of the offender's sentence. 17 (c) If the department determines that a committed offender is 18 mentally or physically incapacitated to such an extent that proper 19 custody, care, and control cannot be provided by the department, it 20 shall make arrangements for placement outside the department. 21 (d) Before assigning an offender to a facility or program, the 22 department shall give him the offender an opportunity to present 23 pertinent information; discuss with him the offender all aspects of the 24 evaluation, classification, and assignment process; and work with him 25 the offender to determine a fair and appropriate assignment. 26 (e) The department shall assign an offender to a facility or 27 program that is based on the offender's biological sex, as defined 28 by IC 1-1-4-5(a)(25), at birth. 29 (e) (f) If an offender is sentenced to a term of imprisonment of one 30 (1) year or less, the department may make an assignment under this 31 section without making the evaluation prescribed in section 2 of this 32 chapter. In determining the length of an offender's term, consecutive 33 terms of imprisonment shall be added together. 34 (f) (g) This section does not prohibit the temporary assignment of 35 an offender pending evaluation and classification. 36 SECTION 3. IC 11-10-2-5 IS AMENDED TO READ AS 37 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 5. (a) Upon completion 38 of the evaluation prescribed in section 4 of this chapter, the department 39 shall assign the offender to a facility or program; make an initial 40 education, training, employment, or other assignment within that 41 facility or program; and order medical, psychiatric, psychological, or 42 other services it considers appropriate. In making the assignment, the 2026 IN 182—LS 6808/DI 107 6 1 department shall, among other relevant information, consider: 2 (1) the results of the evaluation prescribed in section 4 of this 3 chapter; 4 (2) the recommendations of the committing court; 5 (3) the offender's need for special therapy or programs, including 6 education, training, or employment available only in specific 7 facilities or programs; 8 (4) the degree and type of custodial control necessary for the 9 protection of the public, staff, other committed offenders, and the 10 individual being considered; 11 (5) the likelihood of the offender's reintegration into the 12 community in which the facility or program is located; 13 (6) the desirability of keeping the offender in a facility or program 14 near the area in which he the offender resided before 15 commitment; 16 (7) the desires of the offender and his the offender's parents, 17 guardian, or custodian; 18 (8) the current population levels of the facilities or programs 19 considered appropriate for the offender; and 20 (9) the probable length of commitment. 21 (b) If the department determines that a committed offender is 22 mentally or physically incapacitated to such an extent that proper 23 custody, care, and control cannot be provided by the department, it 24 shall make arrangements for placement outside the department. 25 (c) If an offender is found to be pregnant, the department may return 26 her to the committing court for further disposition. 27 (d) Before assigning an offender to a facility or program, the 28 department shall give him the offender an opportunity to present 29 pertinent information, discuss with him the offender all aspects of the 30 evaluation and assignment process, and work with him the offender to 31 determine a fair and appropriate assignment. 32 (e) The department shall assign an offender to a facility or 33 program that is based on the offender's biological sex, as defined 34 by IC 1-1-4-5(a)(25), at birth. 35 (e) (f) The department shall, by certified mail, return receipt 36 requested, notify the parent, guardian, custodian, or nearest relative of 37 any committed offender of his the offender's physical location and any 38 change in that location. 39 (f) (g) This section does not preclude the temporary assignment of 40 an offender pending evaluation. 41 SECTION 4. IC 16-37-2-9, AS AMENDED BY P.L.138-2019, 42 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2026 IN 182—LS 6808/DI 107 7 1 JULY 1, 2026]: Sec. 9. (a) The local health officer shall make a 2 permanent record of the following from a birth certificate: 3 (1) Name. 4 (2) Sex, as defined by IC 1-1-4-5(a)(25), either male or female. 5 (3) Date of birth. 6 (4) Place of birth. 7 (5) Name of the parents. 8 (6) Birthplace of the parents. 9 (7) The date of filing of the certificate of birth. 10 (8) The person in attendance at the birth. 11 (9) Location of the birth, including whether the birth occurred at 12 a hospital, licensed health care facility, home, or other non-health 13 care facility. 14 (b) Except as provided in subsection (c), the permanent record shall 15 be open to public inspection. Upon request by an individual, a paper 16 copy of the permanent record in subsection (a) must be provided by the 17 local health officer. 18 (c) The birth record of an adopted child remains subject to the 19 confidentiality provisions of IC 31-19 regarding the release of adoption 20 information. 21 (d) The permanent record of the information required under this 22 section may be maintained in the Indiana birth registration system 23 (IBRS). 24 SECTION 5. IC 16-37-2-10 IS AMENDED TO READ AS 25 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 10. (a) As used in this 26 section, "DNA test" means an identification process in which the 27 unique genetic code of an individual that is carried by the individual's 28 deoxyribonucleic acid (DNA) is compared with the genetic codes of 29 another individual. 30 (b) The state department may make additions to or corrections in a 31 certificate of birth on receipt of adequate documentary evidence, 32 including based on either the results of a DNA test under subsection 33 (c) or a paternity affidavit executed under section 2.1 of this chapter. 34 (c) The state department may make an addition to a birth certificate, 35 for purposes of paternity, based on the results of a DNA test only if: 36 (1) a father is not named on the birth certificate; and 37 (2) a citation to this subsection as the authority for the addition is 38 noted on the birth certificate. 39 (d) The sex designation on a birth certificate may not be 40 amended, except for: 41 (1) a medically verifiable disorder of sex development, 42 including an individual with: 2026 IN 182—LS 6808/DI 107 8 1 (A) external sex characteristics that are irremovably 2 ambiguous; 3 (B) forty-six (46) XX chromosomes with virilization; 4 (C) forty-six (46) XY chromosomes with undervirilization; 5 or 6 (D) both ovarian and testicular issues; or 7 (2) except as provided in subsection (e), a correction of a birth 8 certificate that is voluntarily amended to record a sex other 9 than the sex of the individual as previously recorded at birth. 10 (e) An individual applying for a corrected birth certificate 11 under subsection (d)(2) must present a state vital record, federal 12 record, or other documentation bearing the correct sex or attesting 13 to the change. 14 SECTION 6. IC 24-15-2-14, AS ADDED BY P.L.94-2023, 15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 16 JULY 1, 2026]: Sec. 14. "Health record" has the meaning set forth in 17 IC 1-1-4-5(a)(6). IC 1-1-4-5(a)(8). 2026 IN 182—LS 6808/DI 107