Text of IN SB 215 (2026)

Introduced Version SENATE BILL No. 215 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 1-1-4-5; IC 4-1-15; IC 9-24; IC 11-8; IC 16-37; IC 20-33; IC 21-39-10; IC 24-4-27; IC 34-12-6; IC 34-13-3-3; IC 35-43-2-2; IC 36-2-13-20. Synopsis: Gender matters. Defines "sex" and "gender" for purposes of the Indiana Code. States that the definitions of "sex" and "gender" are meant to be synonymous in the Indiana Code unless specifically defined otherwise and is clarifying language. Sets forth requirements of a short form birth certificate and a long form birth certificate. Specifies when a short form birth certificate may be amended. Requires the Indiana department of health to: (1) update the definition of "sex" used by the agencies; (2) identify birth certificates issued with a change in sex classification by court order; (3) change the sex on the birth certificate back to the originating sex and reissue the birth certificate; and (4) void the superseded document. Allows for the sharing of certain information among specified agencies for the purpose of reissuing a birth certificate. Requires public buildings, certain schools, state educational institutions, and certain businesses to designate multiple occupancy restrooms or changing areas for the exclusive use of the male sex or the exclusive use of the female sex and provides, with exceptions, that an individual may only use a multiple occupancy restroom or changing area designated for the individual's sex. Provides specified remedies for a violation of these requirements, including criminal penalties or civil actions. Provides that a school may not promote or encourage the use of, or require, compel, or coerce a student, an employee of the school, or a staff member of the school to use: (1) a pronoun, title, or other word to identify a student, school employee, or other individual that is inconsistent with the student's, employee's, or individual's biological sex; or (2) a name or nickname to identify a student that is inconsistent with the student's name on the (Continued next page) Effective: Upon passage; July 1, 2026. Byrne, Charbonneau, Garten January 8, 2026, read first time and referred to Committee on Health and Provider Services. 2026 IN 215—LS 6939/DI 152 Digest Continued student's birth certificate. Creates an exception. Prohibits the department of correction (department) and each county jail from housing incarcerated individuals in a facility that does not align with the incarcerated individual's sex. Creates a civil cause of action for the department's or a county jail's failure to comply with the prohibition. 2026 IN 215—LS 6939/DI 152 2026 IN 215—LS 6939/DI 152 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. 215 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: 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 UPON PASSAGE]: 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 2026 IN 215—LS 6939/DI 152 2 1 perform the clerk's duties. 2 (6) "Health record", "hospital record", or "medical record" means 3 written or printed information possessed by a provider (as defined 4 in IC 16-18-2-295) concerning any diagnosis, treatment, or 5 prognosis of the patient, unless otherwise defined. Except as 6 otherwise provided, the terms include mental health records and 7 drug and alcohol abuse records. 8 (7) "Highway" includes county bridges and state and county 9 roads, unless otherwise expressly provided. 10 (8) "Infant" or "minor" means a person less than eighteen (18) 11 years of age. 12 (9) "Inhabitant" may be construed to mean a resident in any place. 13 (10) "Judgment" means all final orders, decrees, and 14 determinations in an action and all orders upon which executions 15 may issue. 16 (11) "Land", "real estate", and "real property" include lands, 17 tenements, and hereditaments. 18 (12) "Mentally incompetent" means of unsound mind. 19 (13) "Money demands on contract", when used in reference to an 20 action, means an action arising out of contract when the relief 21 demanded is a recovery of money. 22 (14) "Month" means a calendar month, unless otherwise 23 expressed. 24 (15) "Noncode statute" means a statute that is not codified as part 25 of the Indiana Code. 26 (16) "Oath" includes "affirmation", and "to swear" includes to 27 "affirm". 28 (17) "Person" extends to bodies politic and corporate. 29 (18) "Personal property" includes goods, chattels, evidences of 30 debt, and things in action. 31 (19) "Population" has the meaning set forth in IC 1-1-3.5-3. 32 (20) "Preceding" and "following", referring to sections in statutes, 33 mean the sections next preceding or next following that in which 34 the words occur, unless some other section is designated. 35 (21) "Property" includes personal and real property. 36 (22) "Sex" and "gender" mean the biological classification of 37 male or female in the context of reproductive potential or 38 capacity, which is determined by sex genes, naturally 39 occurring sex hormones, gonads, and nonambiguous internal 40 and external genitalia present at birth, without regard to an 41 individual's psychological, chosen, or subjective experience. 42 These terms are to be considered synonymous. This definition 2026 IN 215—LS 6939/DI 152 3 1 is presumptive throughout the Indiana Code unless an 2 alternative definition is clearly stated. 3 (22) (23) "Sheriff" means the sheriff of the county or another 4 person authorized to perform sheriff's duties. 5 (23) (24) "State", applied to any one (1) of the United States, 6 includes the District of Columbia and the commonwealths, 7 possessions, states in free association with the United States, and 8 the territories. "United States" includes the District of Columbia 9 and the commonwealths, possessions, states in free association 10 with the United States, and the territories. 11 (24) (25) "Under legal disabilities" includes persons less than 12 eighteen (18) years of age, mentally incompetent, or out of the 13 United States. 14 (25) (26) "Verified", when applied to pleadings, means supported 15 by oath or affirmation in writing. 16 (26) (27) "Will" includes a testament and codicil. 17 (27) (28) "Without relief" in any judgment, contract, execution, 18 or other instrument of writing or record, means without the 19 benefit of valuation laws. 20 (28) (29) "Written" and "in writing" include printing, 21 lithographing, or other mode of representing words and letters. If 22 the written signature of a person is required, the terms mean the 23 proper handwriting of the person or the person's mark. 24 (29) (30) "Year" means a calendar year, unless otherwise 25 expressed. 26 (30) (31) The definitions in IC 35-31.5 apply to all statutes 27 relating to penal offenses. 28 (b) This subsection applies to the definitions of "Hoosier veteran" 29 and "veteran" when used in reference to state programs for veterans. 30 The term "veteran" includes "Hoosier veteran", and applies to the 31 construction of all Indiana statutes, unless the construction is expressly 32 excluded by the terms of the statute, is plainly repugnant to the intent 33 of the general assembly or of the context of the statute, or is 34 inconsistent with federal law. "Hoosier veteran" means an individual 35 who meets the following criteria: 36 (1) The individual is a resident of Indiana. 37 (2) The individual served in an active or reserve component of the 38 armed forces of the United States or the Indiana National Guard. 39 (3) The individual completed any required military occupational 40 specialty training and was not discharged or separated from the 41 armed forces or the Indiana National Guard under conditions 42 other than conditions set forth in IC 10-17-12-7.5(2). 2026 IN 215—LS 6939/DI 152 4 1 The definitions set forth in this subsection may not be construed to 2 affect a Hoosier veteran's eligibility for any state program that is based 3 upon a particular aspect of the Hoosier veteran's service such as a 4 disability or a wartime service requirement. 5 SECTION 2. IC 4-1-15 IS ADDED TO THE INDIANA CODE AS 6 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 7 1, 2026]: 8 Chapter 15. Physical Privacy of Hoosiers 9 Sec. 1. (a) As used in this chapter, "multiple occupancy 10 restroom or changing area" means a room or area in a public 11 building that may be used by more than one (1) individual at a time 12 and in which individuals may be in various stages of undress in the 13 presence of other individuals. 14 (b) The term includes a restroom, locker room, changing room, 15 and shower room. 16 (c) The term does not include a single occupancy restroom, 17 locker room, changing room, or shower room. 18 Sec. 2. (a) As used in this chapter, "public building" means a 19 structure or part of a structure owned or leased by: 20 (1) the state government; 21 (2) a county government; 22 (3) the government of a city, town, or township; 23 (4) a political subdivision; or 24 (5) an instrumentality of the state; 25 that is generally open to members of the public with or without the 26 payment of an admission fee or membership dues. 27 (b) The term does not include a: 28 (1) correctional facility (as defined in IC 11-8-11-1); 29 (2) county jail; 30 (3) school (as defined in IC 20-33-14-2); or 31 (4) state educational institution. 32 Sec. 3. A governmental entity subject to this chapter shall 33 designate each multiple occupancy restroom or changing area in 34 a public building as follows: 35 (1) For the exclusive use of the male sex. 36 (2) For the exclusive use of the female sex. 37 Sec. 4. (a) Subject to subsection (b), an individual may only use 38 a multiple occupancy restroom or changing area that is designated 39 for the sex that is the individual's sex (as defined in 40 IC 1-1-4-5(a)(22)). 41 (b) An individual does not violate subsection (a) if the: 42 (1) multiple occupancy restroom or changing area has been 2026 IN 215—LS 6939/DI 152 5 1 temporarily designated for use by the opposite sex; or 2 (2) individual is entering a multiple occupancy restroom or 3 changing area for one (1) or more of the following reasons: 4 (A) For custodial, maintenance, or inspection purposes. 5 (B) To render medical or emergency assistance. 6 (C) To accompany an individual needing assistance if the 7 individual assisting the individual needing assistance is: 8 (i) an employee or other staff of the governmental entity 9 for the public building; or 10 (ii) the individual's parent or caregiver. 11 Sec. 5. (a) A governmental entity subject to this chapter shall 12 take reasonable steps to prohibit an individual from using a 13 multiple occupancy restroom or changing area designated for the 14 opposite sex in violation of section 4 of this chapter. 15 (b) A governmental entity that fails to take reasonable steps 16 under subsection (a) violates this chapter. 17 (c) A governmental entity's compliance with section 3 of this 18 chapter does not, by itself, satisfy the duty imposed under 19 subsection (a). 20 Sec. 6. An individual who violates section 4 of this chapter and 21 refuses to leave the multiple occupancy restroom or changing area 22 when asked to do so by: 23 (1) an employee of the governmental entity that leases or owns 24 the public building; or 25 (2) a law enforcement officer; 26 commits criminal trespass under IC 35-43-2-2(b)(13). 27 Sec. 7. Beginning July 1, 2027, in addition to any civil action 28 filed by a taxpayer under section 8 of this chapter, the attorney 29 general may file an action for mandate to compel compliance with 30 this chapter. 31 Sec. 8. (a) Beginning July 1, 2027, any taxpayer of a 32 governmental entity subject to this chapter that fails to comply 33 with this chapter may file a civil action against the governmental 34 entity for each violation of this chapter. 35 (b) The court may award to a taxpayer who prevails in an action 36 under this section any of the following: 37 (1) Injunctive relief. 38 (2) The greater of: 39 (A) actual and consequential damages resulting from the 40 violation; or 41 (B) liquidated damages of not more than ten thousand 42 dollars ($10,000). 2026 IN 215—LS 6939/DI 152 6 1 (3) Costs and reasonable attorney's fees. 2 (4) Any other appropriate relief determined by the court. 3 Sec. 9. It is not a defense to a civil action brought in state court 4 under this chapter that a federal district court or the United States 5 Court of Appeals for the Seventh Circuit has: 6 (1) declared any provision or application of this chapter 7 unconstitutional; or 8 (2) enjoined or restrained any state official from bringing 9 prosecutions under this chapter. 10 Sec. 10. (a) Notwithstanding any other law, any person, 11 including an attorney or a law firm that seeks declaratory or 12 injunctive relief to prevent a governmental entity or person from 13 enforcing or bringing an action to enforce this chapter, is jointly 14 and severally liable to pay the costs and reasonable attorney's fees 15 of the prevailing party, including the costs and reasonable 16 attorney's fees the prevailing party incurs in its efforts to recover 17 costs and fees. 18 (b) For purposes of this section, a party is a prevailing party if: 19 (1) a court dismisses a claim or cause of action brought 20 against the party by a litigant that seeks declaratory or 21 injunctive relief under subsection (a), regardless of the reason 22 for the dismissal; 23 (2) a court enters judgment in the party's favor on a claim or 24 cause of action; or 25 (3) the litigant that seeks declaratory or injunctive relief 26 under subsection (a) voluntarily dismisses a claim or cause of 27 action. 28 (c) Regardless of whether a prevailing party sought to recover 29 costs or attorney's fees in the underlying action, a prevailing party 30 under this section may bring a civil action to recover costs and 31 attorney's fees against a person, including an attorney or a law 32 firm that sought declaratory or injunctive relief described in 33 subsection (a), not later than two (2) years after the judgment 34 becomes final. 35 (d) It is not a defense to an action brought under subsection (c) 36 that: 37 (1) a prevailing party failed to seek recovery of costs or 38 attorney's fees in the underlying action; 39 (2) the court in the underlying action declined to recognize or 40 enforce this section; 41 (3) the court in the underlying action held that any provisions 42 of this section are invalid, unconstitutional, or preempted by 2026 IN 215—LS 6939/DI 152 7 1 federal law, notwithstanding the doctrine of issue or claim 2 preclusion; or 3 (4) the court is a federal court. 4 (e) If a civil action is brought under subsection (c), the action 5 may not be transferred to a different venue without the written 6 consent of all parties. 7 (f) Notwithstanding any other law, IC 34-7-7 and IC 34-13-9 do 8 not apply to an action brought under subsection (c). 9 Sec. 11. A governmental entity or an officer or employee of a 10 governmental entity is immune from any action, claim, 11 counterclaim, or other legal or equal action that: 12 (1) challenges the validity of any provision in this chapter; or 13 (2) seeks to prevent enforcement of this chapter; 14 in accordance with IC 34-13-3-3. 15 Sec. 12. This chapter may not be construed to prevent a litigant 16 from asserting the invalidity or unconstitutionality of a provision 17 of application of this chapter as a defense to an action, claim, or 18 counterclaim brought against the litigant. 19 Sec. 13. The provisions of this chapter are severable as provided 20 in IC 1-1-1-8(b). 21 SECTION 3. IC 9-24-11-5, AS AMENDED BY P.L.141-2024, 22 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 23 UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (d), a 24 learner's permit or driver's license issued under this article must contain 25 the following information: 26 (1) The full legal name of the permittee or licensee. 27 (2) The date of birth of the permittee or licensee. 28 (3) The address of the principal residence of the permittee or 29 licensee. 30 (4) The hair color and eye color of the permittee or licensee. 31 (5) The date of issue and expiration date of the permit or license. 32 (6) The gender (as defined in IC 1-1-4-5(a)(22)) of the permittee 33 or licensee. 34 (7) The unique identifying number of the permit or license. 35 (8) The weight of the permittee or licensee. 36 (9) The height of the permittee or licensee. 37 (10) A reproduction of the signature of the permittee or licensee. 38 (11) If the permittee or licensee is less than eighteen (18) years of 39 age at the time of issuance, the dates, notated prominently, on 40 which the permittee or licensee will become: 41 (A) eighteen (18) years of age; and 42 (B) twenty-one (21) years of age. 2026 IN 215—LS 6939/DI 152 8 1 (12) If the permittee or licensee is at least eighteen (18) years of 2 age but less than twenty-one (21) years of age at the time of 3 issuance, the date, notated prominently, on which the permittee or 4 licensee will become twenty-one (21) years of age. 5 (13) Except as provided in subsection (b), a digital photograph of 6 the permittee or licensee. 7 (b) The bureau may provide for the omission of a photograph or 8 computerized image from any driver's license or learner's permit issued 9 in the form of a physical credential if there is good cause for the 10 omission. However, a driver's license or learner's permit issued without 11 a digital photograph may not be issued in the form of a mobile 12 credential and must include a statement that indicates that the driver's 13 license or learner's permit issued without a digital photograph may not 14 be accepted by a federal agency for federal identification or any other 15 federal purpose. 16 (c) A driver's license or learner's permit issued to an individual who 17 has temporary lawful status as indicated by: 18 (1) a valid, unexpired nonimmigrant visa or has nonimmigrant 19 visa status for entry in the United States; 20 (2) a pending application for asylum in the United States; 21 (3) a pending or approved application for temporary protected 22 status in the United States; 23 (4) having an approved deferred action status; or 24 (5) a pending application for adjustment of status to that of an 25 alien lawfully admitted for permanent residence in the United 26 States or conditional permanent residence status in the United 27 States; 28 must be clearly identified as a temporary driver's license or learner's 29 permit. A temporary driver's license or learner's permit issued under 30 this subsection may not be renewed without the presentation of valid 31 documentary evidence proving that the licensee's or permittee's 32 temporary status has been extended. 33 (d) For purposes of subsection (a), an individual certified as a 34 program participant in the address confidentiality program under 35 IC 5-26.5 is not required to provide the address of the individual's 36 principal residence, but may provide an address designated by the 37 office of the attorney general under IC 5-26.5 as the address of the 38 individual's principal residence. 39 SECTION 4. IC 9-24-13-4, AS AMENDED BY P.L.211-2023, 40 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 41 UPON PASSAGE]: Sec. 4. (a) If: 42 (1) an individual holding a driver's license or permit issued in the 2026 IN 215—LS 6939/DI 152 9 1 form of a physical credential under this article changes the 2 address shown on the driver's license or permit application; or 3 (2) the name of a licensee or permittee is changed by marriage or 4 otherwise; 5 the licensee or permittee shall make application for an amended 6 driver's license or permit issued in the form of a physical credential 7 under IC 9-24-9 containing the correct information within thirty (30) 8 days of the change. For fee purposes, the application shall be treated as 9 a replacement license under IC 9-24-14-1. 10 (b) The gender designation on the driver's license or permit may 11 not be amended except due to clerical error. 12 SECTION 5. IC 11-8-8-4.5, AS AMENDED BY P.L.218-2025, 13 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 14 JULY 1, 2026]: Sec. 4.5. (a) Except as provided in section 22 of this 15 chapter, as used in this chapter, "sex offender" means a person 16 convicted of any of the following offenses: 17 (1) Rape (IC 35-42-4-1). 18 (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal). 19 (3) Child molesting (IC 35-42-4-3). 20 (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)). 21 (5) Vicarious sexual gratification (including performing sexual 22 conduct in the presence of a minor) (IC 35-42-4-5). 23 (6) Child solicitation (IC 35-42-4-6). 24 (7) Child seduction (IC 35-42-4-7). 25 (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A, 26 Class B, or Class C felony (for a crime committed before July 1, 27 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a 28 crime committed after June 30, 2014), unless: 29 (A) the person is convicted of sexual misconduct with a minor 30 as a Class C felony (for a crime committed before July 1, 31 2014) or a Level 5 felony (for a crime committed after June 32 30, 2014); 33 (B) the person is not more than: 34 (i) four (4) years older than the victim if the offense was 35 committed after June 30, 2007; or 36 (ii) five (5) years older than the victim if the offense was 37 committed before July 1, 2007; and 38 (C) the sentencing court finds that the person should not be 39 required to register as a sex offender. 40 (9) Incest (IC 35-46-1-3). 41 (10) Sexual battery (IC 35-42-4-8). 42 (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen 2026 IN 215—LS 6939/DI 152 10 1 (18) years of age, and the person who kidnapped the victim is not 2 the victim's parent or guardian. 3 (12) Criminal confinement (IC 35-42-3-3), if the victim is less 4 than eighteen (18) years of age, and the person who confined or 5 removed the victim is not the victim's parent or guardian. 6 (13) Possession of child sex abuse material (IC 35-42-4-4(d) or 7 IC 35-42-4-4(e)). 8 (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony 9 (for a crime committed before July 1, 2014) or a Level 4 felony 10 (for a crime committed after June 30, 2014). 11 (15) Promotion of human sexual trafficking under 12 IC 35-42-3.5-1.1. 13 (16) Promotion of child sexual trafficking under 14 IC 35-42-3.5-1.2(a). 15 (17) Promotion of sexual trafficking of a younger child (IC 16 35-42-3.5-1.2(c)). 17 (18) Child sexual trafficking (IC 35-42-3.5-1.3). 18 (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is 19 less than eighteen (18) years of age. 20 (20) Sexual misconduct by a service provider with a detained or 21 supervised child (IC 35-44.1-3-10(c)). 22 (21) Criminal trespass in a public building's multiple 23 occupancy restroom or changing area (IC 35-43-2-2(i)). 24 (b) The term includes: 25 (1) a person who is required to register as a sex offender in any 26 jurisdiction; and 27 (2) a child who has committed a delinquent act, or a person 28 prosecuted under IC 31-30-1-4(d) for an offense described in 29 subsection (a) committed when the person was less than eighteen 30 (18) years of age, but who was at least twenty-one (21) years of 31 age when the charge was filed, and who: 32 (A) is at least fourteen (14) years of age; 33 (B) is on probation, is on parole, is discharged from a facility 34 by the department of correction, is discharged from a secure 35 private facility (as defined in IC 31-9-2-115), or is discharged 36 from a juvenile detention facility as a result of an adjudication 37 as a delinquent child for an act that would be an offense 38 described in subsection (a) if committed by an adult; and 39 (C) is found by a court by clear and convincing evidence to be 40 likely to repeat an act that would be an offense described in 41 subsection (a) if committed by an adult. 42 (c) In making a determination under subsection (b)(2)(C), the court 2026 IN 215—LS 6939/DI 152 11 1 shall consider expert testimony concerning whether a child is likely to 2 repeat an act that would be an offense described in subsection (a) if 3 committed by an adult. 4 (d) A person ordered to register under subsection (b)(2) may 5 petition the court to reconsider the order at any time after completing 6 court ordered sex offender treatment. The court shall consider expert 7 testimony concerning whether a child or person is likely to repeat an 8 offense described in subsection (a) or an act that would be an offense 9 described in subsection (a) if committed by an adult. 10 SECTION 6. IC 11-8-11 IS ADDED TO THE INDIANA CODE AS 11 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 12 1, 2026]: 13 Chapter 11. Physical Privacy in Correctional Facilities 14 Sec. 1. As used in this chapter, "correctional facility" means a 15 penal institution under the control of the department. 16 Sec. 2. Notwithstanding any other law, a committed person may 17 not be housed in a correctional facility that does not align with the 18 committed person's sex (as defined in IC 1-1-4-5(a)(22)). 19 Sec. 3. (a) Beginning July 1, 2027, in addition to any civil action 20 filed by a taxpayer under section 4 of this chapter, the attorney 21 general may file a civil action to petition a court with jurisdiction 22 to impose a civil penalty of up to ten thousand dollars ($10,000) 23 against a superintendent of a correctional facility for each violation 24 of this chapter committed by a correctional facility, for which the 25 superintendent shall be personally liable. The attorney general 26 shall transfer all civil penalties collected under this chapter to the 27 treasurer of state for deposit in the state general fund. 28 (c) The attorney general may file an action for mandate to 29 compel compliance with this chapter. 30 Sec. 4. (a) Beginning July 1, 2027, an Indiana taxpayer may file 31 a civil action against a correctional facility for each violation of this 32 chapter. 33 (b) The court may award to a taxpayer who prevails in an action 34 under this section any of the following: 35 (1) Injunctive relief. 36 (2) The greater of: 37 (A) actual and consequential damages resulting from the 38 violation; or 39 (B) liquidated damages of not more than one thousand 40 dollars ($1,000). 41 (3) Costs and reasonable attorney's fees. 42 (4) Any other appropriate relief determined by the court. 2026 IN 215—LS 6939/DI 152 12 1 Sec. 5. It is not a defense to a civil action brought in state court 2 under this chapter that a federal district court or the United States 3 Court of Appeals for the Seventh Circuit has: 4 (1) declared any provision or application of this chapter 5 unconstitutional; or 6 (2) enjoined or restrained any state official from bringing 7 prosecutions under this chapter. 8 Sec. 6. (a) Notwithstanding any other law, any person, including 9 an attorney or a law firm that seeks declaratory or injunctive relief 10 to prevent a governmental entity or person from enforcing or 11 bringing an action to enforce this chapter, is jointly and severally 12 liable to pay the costs and reasonable attorney's fees of the 13 prevailing party, including the costs and reasonable attorney's fees 14 the prevailing party incurs in its efforts to recover costs and fees. 15 (b) For purposes of this section, a party is a prevailing party if: 16 (1) a court dismisses a claim or cause of action brought 17 against the party by a litigant that seeks declaratory or 18 injunctive relief under subsection (a), regardless of the reason 19 for the dismissal; 20 (2) a court enters judgment in the party's favor on a claim or 21 cause of action; or 22 (3) the litigant that seeks declaratory or injunctive relief 23 under subsection (a) voluntarily dismisses a claim or cause of 24 action. 25 (c) Regardless of whether a prevailing party sought to recover 26 costs or attorney's fees in the underlying action, a prevailing party 27 under this section may bring a civil action to recover costs and 28 attorney's fees against a person, including an attorney or a law 29 firm that sought declaratory or injunctive relief described in 30 subsection (a), not later than two (2) years after the judgment 31 becomes final. 32 (d) It is not a defense to an action brought under subsection (c) 33 that: 34 (1) a prevailing party failed to seek recovery of costs or 35 attorney's fees in the underlying action; 36 (2) the court in the underlying action declined to recognize or 37 enforce this section; 38 (3) the court in the underlying action held that any provisions 39 of this section are invalid, unconstitutional, or preempted by 40 federal law, notwithstanding the doctrine of issue or claim 41 preclusion; or 42 (4) the court is a federal court. 2026 IN 215—LS 6939/DI 152 13 1 (e) If a civil action is brought under subsection (c), the action 2 may not be transferred to a different venue without the written 3 consent of all parties. 4 (f) Notwithstanding any other law, IC 34-7-7 and IC 34-13-9 do 5 not apply to an action brought under subsection (c). 6 Sec. 7. A governmental entity or an officer or employee of a 7 governmental entity is immune from any action, claim, 8 counterclaim, or other legal or equal action that: 9 (1) challenges the validity of any provision in this chapter; or 10 (2) seeks to prevent enforcement of this chapter; 11 in accordance with IC 34-13-3-3. 12 Sec. 8. This chapter may not be construed to prevent a litigant 13 from asserting the invalidity or unconstitutionality of a provision 14 of application of this chapter as a defense to an action, claim, or 15 counterclaim brought against the litigant. 16 Sec. 9. The provisions of this chapter are severable as provided 17 in IC 1-1-1-8(b). 18 SECTION 7. IC 16-37-1-7.2 IS ADDED TO THE INDIANA CODE 19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE 20 UPON PASSAGE]: Sec. 7.2. (a) The state department shall establish 21 the following two (2) forms for certificates of birth: 22 (1) A short form birth certificate. 23 (2) A long form birth certificate. 24 (b) A short form birth certificate must meet the following 25 requirements: 26 (1) Created on 8.5 by 5.5 inch paper. 27 (2) Include the following information concerning the child: 28 (A) Name. 29 (B) Sex (as defined in IC 1-1-4-5(a)(22)). 30 (C) Date of birth. 31 (D) Place of birth. 32 (E) Name of birth parents, if known. 33 (F) Birthplace of parents. 34 (3) Include the following additional information: 35 (A) The filing date of the certificate. 36 (B) The name of the local health officer of state registrar. 37 (C) The issuing date of the certificate. 38 (D) The name of the county health department that issued 39 the birth certificate. 40 (E) The state seal. 41 (c) A short form birth certificate may only be amended or 42 altered due to the following: 2026 IN 215—LS 6939/DI 152 14 1 (1) A clerical error. 2 (2) A DNA test that either: 3 (A) proves paternity or sets aside a paternity affidavit, as 4 described in IC 16-37-2-2.1; or 5 (B) identifies the misidentified sex of the child as described 6 in IC 16-37-2-10. 7 (3) The establishment of paternity outside of a DNA test, in 8 accordance with IC 16-37-2-2.1. 9 (4) An order issued by a court requiring the state department 10 to change paternity on a birth certificate. 11 (5) Identification of a child, as set forth in IC 16-37-2-12. 12 (6) The marriage of the parents, as set forth in IC 16-37-2-16. 13 (7) An adoption, as set forth in IC 31-19-13. 14 The state department must document any change made under this 15 subsection on the short form birth certificate by clearly designating 16 on the form that an amendment has been made. 17 (d) A long form birth certificate must meet the following 18 requirements: 19 (1) Created on 8.5 by 11 inch paper. 20 (2) Include the following information concerning the child: 21 (A) Name. 22 (B) Sex (as defined in IC 1-1-4-5(a)(22)). 23 (C) Date of birth. 24 (D) Time of birth. 25 (E) Place or facility of birth. 26 (F) Full legal name of parents at the time of birth. 27 (G) Parent's name before first marriage. 28 (H) Parent's date of birth. 29 (I) Parent's residence state and address. 30 (J) Parent's birthplace. 31 (3) Include the following additional information: 32 (A) Birth attendant's name. 33 (B) Date the birth was certified. 34 (C) Name of the individual certifying the certificate. 35 (D) Attendant's name, title, and address. 36 (E) Date filed by the health officer. 37 (F) The issuing authority. 38 (G) A warning that the document may not be reproduced. 39 (e) A long form birth certificate may not be amended or altered. 40 If an amendment or alteration to the short form birth certificate is 41 made under subsection (c), the long form birth certificate is no 42 longer valid and converts to a historical document. A long form 2026 IN 215—LS 6939/DI 152 15 1 birth certificate may only be used internally by the state 2 department. 3 SECTION 8. IC 16-37-1-8, AS AMENDED BY P.L.33-2025, 4 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 5 UPON PASSAGE]: Sec. 8. (a) Except as provided in section 7.5 of this 6 chapter and subsection (d), a local health officer shall provide a 7 certification of birth, death, or stillbirth registration upon request by 8 any person only if: 9 (1) the health officer is satisfied that the applicant has a direct 10 interest in the matter; 11 (2) the health officer determines that the certificate is necessary 12 for the determination of personal or property rights or for 13 compliance with state or federal law; and 14 (3) the applicant for a birth certificate presents at least one (1) 15 form of identification. 16 However, the local health officer must issue a short form birth 17 certificate of an applicant's own birth registration. 18 (b) A local health officer's decision whether or not to issue a 19 certified copy of a short form birth certificate is subject to review by 20 a court. 21 (c) A local health officer may issue a certification of birth, death, or 22 stillbirth from the electronic registration systems in section 3.1 of this 23 chapter, regardless of the location of the filing of the record. 24 (d) A local health officer may not issue a copy of a short form birth 25 certificate of a missing child to which a notice has been attached under 26 IC 10-13-5-11 without the authorization of the Indiana clearinghouse 27 for information on missing children, missing veterans at risk, and 28 missing endangered adults. 29 (e) Upon determination that a person may be provided a certification 30 of death under subsection (a), the local health officer shall provide to 31 the person a certification of death that excludes information concerning 32 the cause of death if the person requests the exclusion of this 33 information. 34 SECTION 9. IC 16-37-2-9, AS AMENDED BY P.L.138-2019, 35 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 36 UPON PASSAGE]: Sec. 9. (a) The local health officer shall make a 37 permanent record of the following from a birth certificate: 38 (1) Name. 39 (2) Sex (as defined in IC 1-1-4-5(a)(22)). 40 (3) Date of birth. 41 (4) Place of birth. 42 (5) Name of the parents. 2026 IN 215—LS 6939/DI 152 16 1 (6) Birthplace of the parents. 2 (7) The date of filing of the certificate of birth. 3 (8) The person in attendance at the birth. 4 (9) Location of the birth, including whether the birth occurred at 5 a hospital, licensed health care facility, home, or other non-health 6 care facility. 7 (b) Except as provided in subsection (c), the permanent record shall 8 be open to public inspection. Upon request by an individual, a paper 9 copy of the permanent record in subsection (a) must be provided by the 10 local health officer. 11 (c) The birth record of an adopted child remains subject to the 12 confidentiality provisions of IC 31-19 regarding the release of adoption 13 information. 14 (d) The permanent record of the information required under this 15 section may be maintained in the Indiana birth registration system 16 (IBRS). 17 SECTION 10. IC 16-37-2-10 IS AMENDED TO READ AS 18 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) As used in 19 this section, "DNA test" means an identification process in which the 20 unique genetic code of an individual that is carried by the individual's 21 deoxyribonucleic acid (DNA) is compared with the genetic codes of 22 another individual. 23 (b) Except as provided in subsections (d) and (e), the state 24 department may make additions to or corrections in a certificate of 25 birth on receipt of adequate documentary evidence including the results 26 of a DNA test under subsection (c) or a paternity affidavit executed 27 under section 2.1 of this chapter. demonstrating an error in the 28 information listed in the certificate of birth. 29 (c) The state department may make an addition to a birth certificate 30 solely for the purposes of paternity based on the results of a DNA 31 test only if: 32 (1) a father is not named on the birth certificate; and 33 (2) a citation to this subsection as the authority for the addition is 34 noted on the birth certificate. 35 (d) The state department may only make corrections to a birth 36 certificate based on the results of a DNA test that are consistent 37 with the definition of "sex" set forth in IC 1-1-4-5(a)(22). 38 (e) For purposes of paternity, the state department may make 39 an addition to or correction in a birth certificate based on a 40 paternity affidavit executed under section 2.1 of this chapter or 41 based on the results of a DNA test. The state department may only 42 make the addition if: 2026 IN 215—LS 6939/DI 152 17 1 (1) a father is not named on the birth certificate or a paternity 2 affidavit is set aside as set forth in section 2.1 of this chapter; 3 and 4 (2) the state department makes a notation on the birth 5 certificate that references this subsection for the authority of 6 the addition. 7 SECTION 11. IC 20-33-14 IS ADDED TO THE INDIANA CODE 8 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 9 JULY 1, 2026]: 10 Chapter 14. Physical Privacy of Students 11 Sec. 1. (a) As used in this chapter, "multiple occupancy 12 restroom or changing area" means a room or area in a school 13 building that may be used by more than one (1) student at a time 14 and in which students may be in various stages of undress in the 15 presence of other individuals. 16 (b) The term includes a restroom, locker room, changing room, 17 and shower room. 18 (c) The term does not include a single occupancy restroom, 19 locker room, changing room, or shower room. 20 Sec. 2. As used in this chapter, "school" means any: 21 (1) school maintained by a school corporation; 22 (2) charter school; or 23 (3) state accredited school; 24 that provides instruction to students in any combination of 25 kindergarten through grade 12. 26 Sec. 3. Each school shall designate each multiple occupancy 27 restroom or changing area as follows: 28 (1) For the exclusive use of the male sex. 29 (2) For the exclusive use of the female sex. 30 Sec. 4. (a) Subject to subsection (b), an individual may only use 31 a multiple occupancy restroom or changing area that is designated 32 for the sex that is the individual's sex (as defined in 33 IC 1-1-4-5(a)(22)). 34 (b) An individual does not violate subsection (a) if the: 35 (1) multiple occupancy restroom or changing area has been 36 temporarily designated for use by the opposite sex; or 37 (2) individual is entering a multiple occupancy restroom or 38 changing area for one (1) or more of the following reasons: 39 (A) For custodial, maintenance, or inspection purposes. 40 (B) To render medical or emergency assistance. 41 (C) To accompany a student needing assistance if the 42 individual assisting the student is: 2026 IN 215—LS 6939/DI 152 18 1 (i) an employee or other staff of the school; or 2 (ii) the student's parent or caregiver. 3 Sec. 5. (a) A school shall take reasonable steps to prohibit an 4 individual from using a multiple occupancy restroom or changing 5 area designated for the opposite sex in violation of section 4 of this 6 chapter. 7 (b) A school that fails to take reasonable steps under subsection 8 (a) violates this chapter. 9 (c) A school's compliance with sections 3 and 6 of this chapter 10 does not, by itself, satisfy the duty imposed under subsection (a). 11 Sec. 6. (a) A parent of an unemancipated minor student or a 12 student who is an adult or emancipated minor may submit a 13 grievance to a school corporation or school for a violation of 14 section 3, 4, or 5 of this chapter. 15 (b) Each school corporation or school shall: 16 (1) establish and maintain a grievance procedure; or 17 (2) maintain a grievance or protest procedure that the school 18 corporation or school established before July 1, 2026; 19 for the resolution of a grievance submitted under this section. 20 Sec. 7. (a) Notwithstanding IC 34-13-3-3(a), beginning July 1, 21 2027, if a school corporation or school violates this chapter, a 22 student who is directly or indirectly injured as a result of the 23 violation may bring a civil action against the school corporation or 24 school. 25 (b) A school corporation or school may not retaliate or 26 otherwise take any adverse action against a student for reporting 27 a violation or bringing a civil action for a violation of this chapter. 28 Sec. 8. The court shall award to a student who prevails in an 29 action under section 7 of this chapter any of the following: 30 (1) Injunctive relief. 31 (2) The greater of: 32 (A) actual and consequential damages resulting from the 33 violation; or 34 (B) liquidated damages of not more than one thousand 35 dollars ($1,000). 36 (3) Costs and reasonable attorney's fees. 37 (4) Any other appropriate relief determined by the court. 38 Sec. 9. (a) Beginning July 1, 2027, the department shall bring an 39 administrative action against the superintendent of a school 40 corporation or the equivalent authority of a charter school or state 41 accredited school that violates this chapter. 42 (b) The attorney general's authority under section 10 of this 2026 IN 215—LS 6939/DI 152 19 1 chapter is independent of any administrative action under this 2 section. 3 Sec. 10. (a) Beginning July 1, 2027, in addition to any civil action 4 filed by a student under section 7 of this chapter, the attorney 5 general may file a civil action to petition a court with jurisdiction 6 to impose a civil penalty against the superintendent or the 7 equivalent authority for a charter school or state accredited school 8 of up to ten thousand dollars ($10,000) for each violation of this 9 chapter committed by a school under their control, for which the 10 superintendent or the equivalent authority for a charter school or 11 state accredited school shall be personally liable. The attorney 12 general shall transfer all civil penalties collected under this chapter 13 to the treasurer of state for deposit in the state general fund. 14 (b) The attorney general may file an action for injunctive or 15 declaratory relief to compel compliance with this chapter. 16 Sec. 11. It is not a defense to a civil action brought in state court 17 under this chapter that a federal district court or the United States 18 Court of Appeals for the Seventh Circuit has: 19 (1) declared any provision or application of this chapter 20 unconstitutional; or 21 (2) enjoined or restrained any state official from bringing 22 prosecutions under this chapter. 23 Sec. 12. Nothing in this chapter prohibits a school corporation 24 or school from providing a single occupancy restroom, locker 25 room, changing room, or shower room. 26 Sec. 13. (a) Notwithstanding any other law, any person, 27 including an attorney or a law firm that seeks declaratory or 28 injunctive relief to prevent a governmental entity or person from 29 enforcing or bringing an action to enforce this chapter, is jointly 30 and severally liable to pay the costs and reasonable attorney's fees 31 of the prevailing party, including the costs and reasonable 32 attorney's fees the prevailing party incurs in its efforts to recover 33 costs and fees. 34 (b) For purposes of this section, a party is a prevailing party if: 35 (1) a court dismisses a claim or cause of action brought 36 against the party by a litigant that seeks declaratory or 37 injunctive relief under subsection (a), regardless of the reason 38 for the dismissal; 39 (2) a court enters judgment in the party's favor on a claim or 40 cause of action; or 41 (3) the litigant that seeks declaratory or injunctive relief 42 under subsection (a) voluntarily dismisses a claim or cause of 2026 IN 215—LS 6939/DI 152 20 1 action. 2 (c) Regardless of whether a prevailing party sought to recover 3 costs or attorney's fees in the underlying action, a prevailing party 4 under this section may bring a civil action to recover costs and 5 attorney's fees against a person, including an attorney or a law 6 firm that sought declaratory or injunctive relief described in 7 subsection (a), not later than two (2) years after the judgment 8 becomes final. 9 (d) It is not a defense to an action brought under subsection (c) 10 that: 11 (1) a prevailing party failed to seek recovery of costs or 12 attorney's fees in the underlying action; 13 (2) the court in the underlying action declined to recognize or 14 enforce this section; 15 (3) the court in the underlying action held that any provisions 16 of this section are invalid, unconstitutional, or preempted by 17 federal law, notwithstanding the doctrine of issue or claim 18 preclusion; or 19 (4) the court is a federal court. 20 (e) If a civil action is brought under subsection (c), the action 21 may not be transferred to a different venue without the written 22 consent of all parties. 23 (f) Notwithstanding any other law, IC 34-7-7 and IC 34-13-9 do 24 not apply to an action brought under subsection (c). 25 Sec. 14. A governmental entity or an officer or employee of a 26 governmental entity is immune from any action, claim, 27 counterclaim, or other legal or equal action that: 28 (1) challenges the validity of any provision in this chapter; or 29 (2) seeks to prevent enforcement of this chapter; 30 in accordance with IC 34-13-3-3. 31 Sec. 15. This chapter may not be construed to prevent a litigant 32 from asserting the invalidity or unconstitutionality of a provision 33 of application of this chapter as a defense to an action, claim, or 34 counterclaim brought against the litigant. 35 Sec. 16. The provisions of this chapter are severable as provided 36 in IC 1-1-1-8(b). 37 SECTION 12. IC 20-33-14.5 IS ADDED TO THE INDIANA 38 CODE AS A NEW CHAPTER TO READ AS FOLLOWS 39 [EFFECTIVE JULY 1, 2026]: 40 Chapter 14.5. Gender Identification 41 Sec. 1. As used in this chapter, "school" means any of the 42 following: 2026 IN 215—LS 6939/DI 152 21 1 (1) A public school, including a charter school. 2 (2) A state accredited school. 3 (3) A nonaccredited nonpublic school that has at least one (1) 4 employee. 5 (4) A laboratory school established under IC 20-24.5-2. 6 (5) The Indiana School for the Blind and Visually Impaired 7 established by IC 20-21-2-1. 8 (6) The Indiana School for the Deaf established by 9 IC 20-22-2-1. 10 Sec. 2. Except as provided in section 3 of this chapter, a school 11 may not promote the use of, encourage the use of, or require, 12 compel, or coerce a student, an employee of the school, or a staff 13 member of the school to use: 14 (1) a pronoun, title, or other word to identify a student, school 15 employee, or other individual that is inconsistent with the 16 student's, employee's, or individual's sex (as defined in 17 IC 1-1-4-5(a)(22); or 18 (2) a name or nickname to identify a student that is 19 inconsistent with the student's name on the student's birth 20 certificate. 21 Sec. 3. An employee or a staff member of a school may only use 22 a pronoun, title, name, nickname, or other word described in 23 section 2 of this chapter to identify a student if the student, who is 24 an adult or an emancipated minor, or a parent of the student, who 25 is an unemancipated minor: 26 (1) requests in writing the use of a specific pronoun, title, 27 name, nickname, or other word to identify the student; and 28 (2) provides documentation from a health care provider 29 verifying that the student has a sincere, persistent, and 30 consistent belief that requires use of the specific pronoun, 31 title, name, nickname or other word to identify the student. 32 Sec. 4. Any instruction a school provides concerning sex and 33 gender may not conflict with the definition of sex and gender 34 described in IC 1-1-4-5(a)(22). 35 Sec. 5. A licensing authority in Indiana may not require: 36 (1) an employee; or 37 (2) a staff member; 38 of a school who holds a license issued by the licensing authority to 39 violate any provision of this chapter as a condition of receiving or 40 renewing the employee's or staff member's license. 41 SECTION 13. IC 21-39-10 IS ADDED TO THE INDIANA CODE 42 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 2026 IN 215—LS 6939/DI 152 22 1 JULY 1, 2026]: 2 Chapter 10. Physical Privacy of Students 3 Sec. 1. (a) As used in this chapter, "multiple occupancy 4 restroom or changing area" means a room or area in a state 5 educational institution building that may be used by more than one 6 (1) student at a time and in which students may be in various stages 7 of undress in the presence of other individuals. 8 (b) The term includes a restroom, locker room, changing room, 9 and shower room. 10 (c) The term does not include a single occupancy restroom, 11 locker room, changing room, or shower room. 12 Sec. 2. Each state educational institution shall designate each 13 multiple occupancy restroom or changing area as follows: 14 (1) For the exclusive use of the male sex. 15 (2) For the exclusive use of the female sex. 16 Sec. 3. (a) Subject to subsection (b), an individual may only use 17 a multiple occupancy restroom or changing area that is designated 18 for the sex that is the individual's sex (as defined in 19 IC 1-1-4-5(a)(22)). 20 (b) An individual does not violate subsection (a) if the: 21 (1) multiple occupancy restroom or changing area has been 22 temporarily designated for use by the opposite sex; 23 (2) individual is entering a multiple occupancy restroom or 24 changing area for one (1) or more of the following reasons: 25 (A) For custodial, maintenance, or inspection purposes. 26 (B) To render medical or emergency assistance. 27 (C) To accompany a student needing assistance if the 28 individual assisting the student is: 29 (i) an employee or other staff of the state educational 30 institution; or 31 (ii) the student's parent or caregiver; or 32 (3) individual or student is entering a multiple occupancy 33 restroom or changing area to assist the individual's or 34 student's child. 35 Sec. 4. (a) A state educational institution shall take reasonable 36 steps to prohibit an individual from using a multiple occupancy 37 restroom or changing area designated for the opposite sex in 38 violation of section 3 of this chapter. 39 (b) A state educational institution that fails to take reasonable 40 steps under subsection (a) violates this chapter. 41 (c) A state educational institution's compliance with sections 2 42 and 5 of this chapter does not, by itself, satisfy the duty imposed 2026 IN 215—LS 6939/DI 152 23 1 under subsection (a). 2 Sec. 5. (a) A student may submit a grievance to a state 3 educational institution for a violation of section 2, 3, or 4 of this 4 chapter. 5 (b) Each state educational institution shall: 6 (1) establish and maintain a grievance procedure; or 7 (2) maintain a grievance or protest procedure that the state 8 educational institution established before July 1, 2026; 9 for the resolution of a grievance submitted under this section. 10 Sec. 6. (a) Notwithstanding IC 34-13-3-3(a), beginning July 1, 11 2027, if a state educational institution violates this chapter, a 12 student who is directly or indirectly injured as a result of the 13 violation may bring a civil action against the state educational 14 institution. 15 (b) A state educational institution may not retaliate or otherwise 16 take any adverse action against a student for reporting a violation 17 or bringing a civil action for a violation of this chapter. 18 Sec. 7. The court shall award to a student who prevails in an 19 action under section 6 of this chapter any of the following: 20 (1) Injunctive relief. 21 (2) The greater of: 22 (A) actual and consequential damages resulting from the 23 violation; or 24 (B) liquidated damages of not more than one thousand 25 dollars ($1,000). 26 (3) Costs and reasonable attorney's fees. 27 (4) Any other appropriate relief determined by the court. 28 Sec. 8. (a) Beginning July 1, 2027, the commission shall bring an 29 administrative action against the president of a state educational 30 institution that violates this chapter. 31 (b) The attorney general's authority under section 9 of this 32 chapter is independent of any administrative action under this 33 section. 34 Sec. 9. (a) Beginning July 1, 2027, in addition to any civil action 35 filed by a student under section 6 of this chapter, the attorney 36 general may file a civil action to petition a court with jurisdiction 37 to impose a civil penalty against a president of a state educational 38 institution of up to ten thousand dollars ($10,000) for each 39 violation of this chapter committed by a state educational 40 institution under the president of the state educational institution's 41 control, for which the president of the state educational institution 42 shall be personally liable. The attorney general shall transfer all 2026 IN 215—LS 6939/DI 152 24 1 civil penalties collected under this chapter to the treasurer of state 2 for deposit in the state general fund. 3 (b) The attorney general may file an action to compel a state 4 educational institution to comply with this chapter. 5 Sec. 10. It is not a defense to a civil action brought in state court 6 under this chapter that a federal district court or the United States 7 Court of Appeals for the Seventh Circuit has: 8 (1) declared any provision or application of this chapter 9 unconstitutional; or 10 (2) enjoined or restrained any state official from bringing 11 prosecutions under this chapter. 12 Sec. 11. Nothing in this chapter prohibits a state educational 13 institution from providing a single occupancy restroom, locker 14 room, changing room, or shower room. 15 Sec. 12. (a) Notwithstanding any other law, any person, 16 including an attorney or a law firm that seeks declaratory or 17 injunctive relief to prevent a governmental entity or person from 18 enforcing or bringing an action to enforce this chapter, is jointly 19 and severally liable to pay the costs and reasonable attorney's fees 20 of the prevailing party, including the costs and reasonable 21 attorney's fees the prevailing party incurs in its efforts to recover 22 costs and fees. 23 (b) For purposes of this section, a party is a prevailing party if: 24 (1) a court dismisses a claim or cause of action brought 25 against the party by a litigant that seeks declaratory or 26 injunctive relief under subsection (a), regardless of the reason 27 for the dismissal; 28 (2) a court enters judgment in the party's favor on a claim or 29 cause of action; or 30 (3) the litigant that seeks declaratory or injunctive relief 31 under subsection (a) voluntarily dismisses a claim or cause of 32 action. 33 (c) Regardless of whether a prevailing party sought to recover 34 costs or attorney's fees in the underlying action, a prevailing party 35 under this section may bring a civil action to recover costs and 36 attorney's fees against a person, including an attorney or a law 37 firm that sought declaratory or injunctive relief described in 38 subsection (a), not later than two (2) years after the judgment 39 becomes final. 40 (d) It is not a defense to an action brought under subsection (c) 41 that: 42 (1) a prevailing party failed to seek recovery of costs or 2026 IN 215—LS 6939/DI 152 25 1 attorney's fees in the underlying action; 2 (2) the court in the underlying action declined to recognize or 3 enforce this section; 4 (3) the court in the underlying action held that any provisions 5 of this section are invalid, unconstitutional, or preempted by 6 federal law, notwithstanding the doctrine of issue or claim 7 preclusion; or 8 (4) the court is a federal court. 9 (e) If a civil action is brought under subsection (c), the action 10 may not be transferred to a different venue without the written 11 consent of all parties. 12 (f) Notwithstanding any other law, IC 34-7-7 and IC 34-13-9 do 13 not apply to an action brought under subsection (c). 14 Sec. 13. A governmental entity or an officer or employee of a 15 governmental entity is immune from any action, claim, 16 counterclaim, or other legal or equal action that: 17 (1) challenges the validity of any provision in this chapter; or 18 (2) seeks to prevent enforcement of this chapter; 19 in accordance with IC 34-13-3-3. 20 Sec. 14. This chapter may not be construed to prevent a litigant 21 from asserting the invalidity or unconstitutionality of a provision 22 of application of this chapter as a defense to an action, claim, or 23 counterclaim brought against the litigant. 24 Sec. 15. The provisions of this chapter are severable as provided 25 in IC 1-1-1-8(b). 26 SECTION 14. IC 24-4-27 IS ADDED TO THE INDIANA CODE 27 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 28 JULY 1, 2026]: 29 Chapter 27. Physical Privacy in Businesses 30 Sec. 1. As used in this chapter, "business" means an entity that: 31 (1) registers with the secretary of state to do business in 32 Indiana in accordance with the procedures described in 33 IC 23; and 34 (2) has a multiple occupancy restroom or changing area on 35 the entity's premises in Indiana. 36 Sec. 2. As used in this chapter, "multiple occupancy restroom or 37 changing area" means a room or area in a business that may be 38 used by more than one (1) individual at a time and in which 39 individuals may be in various stages of undress in the presence of 40 other individuals. 41 (b) The term includes a restroom, locker room, changing room, 42 and shower room. 2026 IN 215—LS 6939/DI 152 26 1 (c) The term does not include a single occupancy restroom, 2 locker room, changing room, or shower room. 3 Sec. 3. Each business shall designate each multiple occupancy 4 restroom or changing area as follows: 5 (1) For the exclusive use of the male sex. 6 (2) For the exclusive use of the female sex. 7 Sec. 4. (a) Subject to subsection (b), an individual may only use 8 a multiple occupancy restroom or changing area that is designated 9 for the sex that is the individual's sex (as defined in 10 IC 1-1-4-5(a)(22)). 11 (b) An individual may use a multiple occupancy restroom or 12 changing area that does not align with the individuals's sex if the: 13 (1) multiple occupancy restroom or changing area has been 14 temporarily designated for use by the opposite sex; or 15 (2) individual is entering a multiple occupancy restroom or 16 changing area for one (1) or more of the following reasons: 17 (A) For custodial, maintenance, or inspection purposes. 18 (B) To render medical or emergency assistance. 19 (C) To accompany an individual needing assistance if the 20 individual assisting the individual needing assistance is: 21 (i) an employee or other staff of the business; or 22 (ii) the individual's parent or caregiver. 23 Sec. 5. (a) A business shall take reasonable steps to prohibit an 24 individual from using a multiple occupancy restroom or changing 25 area designated for the opposite sex in violation of section 4 of this 26 chapter. 27 (b) A business that fails to take reasonable steps under 28 subsection (a) violates this chapter. 29 (c) A business's compliance with section 3 of this chapter does 30 not, by itself, satisfy the duty imposed under subsection (a). 31 Sec. 6. (a) Beginning July 1, 2027, an individual who is directly 32 or indirectly injured as a result of a violation of section 3 or 5 of 33 this chapter may bring a civil action against the business. 34 (b) Beginning July 1, 2027, an individual who is directly or 35 indirectly injured as a result of a violation of section 4 of this 36 chapter may bring a civil action against an individual who violated 37 section 4 of this chapter. 38 Sec. 7. The court shall award to an individual who prevails in an 39 action under section 6 of this chapter: 40 (1) Injunctive relief. 41 (2) The greater of: 42 (A) actual and consequential damages resulting from the 2026 IN 215—LS 6939/DI 152 27 1 violation; or 2 (B) liquidated damages of not more than one thousand 3 dollars ($1,000). 4 (3) Costs and reasonable attorney's fees. 5 (4) Any other appropriate relief determined by the court. 6 Sec. 8. It is not a defense to a civil action brought in state court 7 under this chapter that a federal district court or the United States 8 Court of Appeals for the Seventh Circuit has: 9 (1) declared any provision or application of this chapter 10 unconstitutional; or 11 (2) enjoined or restrained any state official from bringing 12 prosecutions under this chapter. 13 Sec. 9. (a) Notwithstanding any other law, any person, including 14 an attorney or a law firm that seeks declaratory or injunctive relief 15 to prevent a person from enforcing or bringing an action to enforce 16 this chapter, is jointly and severally liable to pay the costs and 17 reasonable attorney's fees of the prevailing party, including the 18 costs and reasonable attorney's fees the prevailing party incurs in 19 its efforts to recover costs and fees. 20 (b) For purposes of this section, a party is a prevailing party if: 21 (1) a court dismisses a claim or cause of action brought 22 against the party by a litigant that seeks declaratory or 23 injunctive relief under subsection (a), regardless of the reason 24 for the dismissal; 25 (2) a court enters judgment in the party's favor on a claim or 26 cause of action; or 27 (3) the litigant that seeks declaratory or injunctive relief 28 under subsection (a) voluntarily dismisses a claim or cause of 29 action. 30 (c) Regardless of whether a prevailing party sought to recover 31 costs or attorney's fees in the underlying action, a prevailing party 32 under this section may bring a civil action to recover costs and 33 attorney's fees against a person, including an attorney or a law 34 firm that sought declaratory or injunctive relief described by 35 subsection (a), not later than two (2) years after the judgment 36 becomes final. 37 (d) It is not a defense to an action brought under subsection (c) 38 that: 39 (1) a prevailing party failed to seek recovery of costs or 40 attorney's fees in the underlying action; 41 (2) the court in the underlying action declined to recognize or 42 enforce this section; 2026 IN 215—LS 6939/DI 152 28 1 (3) the court in the underlying action held that any provisions 2 of this section are invalid, unconstitutional, or preempted by 3 federal law, notwithstanding the doctrine of issue or claim 4 preclusion; or 5 (4) the court is a federal court. 6 (e) If a civil action is brought under subsection (c), the action 7 may not be transferred to a different venue without the written 8 consent of all parties. 9 (f) Notwithstanding any other law, IC 34-7-7 and IC 34-13-9 do 10 not apply to an action brought under subsection (c). 11 Sec. 10. A governmental entity or an officer or employee of a 12 governmental entity is immune from any action, claim, 13 counterclaim, or other legal or equal action that: 14 (1) challenges the validity of any provision in this chapter; or 15 (2) seeks to prevent enforcement of this chapter; 16 in accordance with IC 34-13-3-3. 17 Sec. 11. This chapter may not be construed to prevent a litigant 18 from asserting the invalidity or unconstitutionality of a provision 19 of application of this chapter as a defense to an action, claim, or 20 counterclaim brought against the litigant. 21 Sec. 12. The provisions of this chapter are severable as provided 22 in IC 1-1-1-8(b). 23 SECTION 15. IC 34-12-6 IS ADDED TO THE INDIANA CODE 24 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 25 JULY 1, 2026]: 26 Chapter 6. Legal Actions Concerning Physical Privacy 27 Sec. 1. A court of this state does not have jurisdiction to 28 consider, and may not award relief, under any action that: 29 (1) seeks declaratory or injunctive relief, or any type of writ, 30 including a writ of prohibition, that would challenge the 31 validity of any provision in: 32 (A) IC 4-1-15; 33 (B) IC 11-8-11; 34 (C) IC 20-33-14; 35 (D) IC 21-39-10; 36 (E) IC 24-4-27; or 37 (F) IC 36-2-13-20; or 38 (2) seeks to prevent enforcement of the statutes listed in 39 subdivision (1). 40 Sec. 2. A plaintiff class may not litigate, and a court may not 41 certify, any action that: 42 (1) seeks declaratory or injunctive relief, or any type of writ, 2026 IN 215—LS 6939/DI 152 29 1 including a writ of prohibition, that would challenge the 2 validity of any provision in: 3 (A) IC 4-1-15; 4 (B) IC 11-8-11; 5 (C) IC 20-33-14; 6 (D) IC 21-39-10; 7 (E) IC 24-4-27; or 8 (F) IC 36-2-13-20; or 9 (2) seeks to prevent enforcement of the statutes listed in 10 subdivision (1). 11 SECTION 16. IC 34-13-3-3, AS AMENDED BY P.L.186-2025, 12 SECTION 182, IS AMENDED TO READ AS FOLLOWS 13 [EFFECTIVE JULY 1, 2026]: Sec. 3. (a) A governmental entity or an 14 employee acting within the scope of the employee's employment is not 15 liable if a loss results from the following: 16 (1) The natural condition of unimproved property. 17 (2) The condition of a reservoir, dam, canal, conduit, drain, or 18 similar structure when used by a person for a purpose that is not 19 foreseeable. 20 (3) The temporary condition of a public thoroughfare or extreme 21 sport area that results from weather. 22 (4) The condition of an unpaved road, trail, or footpath, the 23 purpose of which is to provide access to a recreation or scenic 24 area. 25 (5) The design, construction, control, operation, or normal 26 condition of an extreme sport area, if all entrances to the extreme 27 sport area are marked with: 28 (A) a set of rules governing the use of the extreme sport area; 29 (B) a warning concerning the hazards and dangers associated 30 with the use of the extreme sport area; and 31 (C) a statement that the extreme sport area may be used only 32 by persons operating extreme sport equipment. 33 This subdivision shall not be construed to relieve a governmental 34 entity from liability for the continuing duty to maintain extreme 35 sports areas in a reasonably safe condition. 36 (6) The initiation of a judicial or an administrative proceeding. 37 (7) The performance of a discretionary function; however, the 38 provision of medical or optical care as provided in IC 34-6-2.1-54 39 shall be considered as a ministerial act. 40 (8) The adoption and enforcement of or failure to adopt or 41 enforce: 42 (A) a law (including rules and regulations); or 2026 IN 215—LS 6939/DI 152 30 1 (B) in the case of a public school or charter school, a policy; 2 unless the act of enforcement constitutes false arrest or false 3 imprisonment. 4 (9) An act or omission performed in good faith and without 5 malice under the apparent authority of a statute which is invalid 6 if the employee would not have been liable had the statute been 7 valid. 8 (10) The act or omission of anyone other than the governmental 9 entity or the governmental entity's employee. 10 (11) The issuance, denial, suspension, or revocation of, or failure 11 or refusal to issue, deny, suspend, or revoke any permit, license, 12 certificate, approval, order, or similar authorization, where the 13 authority is discretionary under the law. 14 (12) Failure to make an inspection, or making an inadequate or 15 negligent inspection, of any property, other than the property of 16 a governmental entity, to determine whether the property 17 complied with or violates any law or contains a hazard to health 18 or safety. 19 (13) Entry upon any property where the entry is expressly or 20 impliedly authorized by law. 21 (14) Misrepresentation if unintentional. 22 (15) Theft by another person of money in the employee's official 23 custody, unless the loss was sustained because of the employee's 24 own negligent or wrongful act or omission. 25 (16) Injury to the property of a person under the jurisdiction and 26 control of the department of correction if the person has not 27 exhausted the administrative remedies and procedures provided 28 by section 7 of this chapter. 29 (17) Injury to the person or property of a person under supervision 30 of a governmental entity and who is: 31 (A) on probation; 32 (B) assigned to an alcohol and drug services program under 33 IC 12-23, a minimum security release program under 34 IC 11-10-8, a pretrial conditional release program under 35 IC 35-33-8, or a community corrections program under 36 IC 11-12; or 37 (C) subject to a court order requiring the person to be escorted 38 by a county police officer while on or in a government 39 building (as defined in IC 36-9-13-3) owned by a county 40 building authority under IC 36-9-13, unless the injury is the 41 result of an act or omission amounting to: 42 (i) gross negligence; 2026 IN 215—LS 6939/DI 152 31 1 (ii) willful or wanton misconduct; or 2 (iii) intentional misconduct. 3 (18) Design of a highway (as defined in IC 9-13-2-73), toll road 4 project (as defined in IC 8-15-2-4(4)), tollway (as defined in 5 IC 8-15-3-7), or project (as defined in IC 8-15.7-2-14) if the 6 claimed loss occurs at least twenty (20) years after the public 7 highway, toll road project, tollway, or project was designed or 8 substantially redesigned; except that this subdivision shall not be 9 construed to relieve a responsible governmental entity from the 10 continuing duty to provide and maintain public highways in a 11 reasonably safe condition. 12 (19) Development, adoption, implementation, operation, 13 maintenance, or use of an enhanced emergency communication 14 system. 15 (20) Injury to a student or a student's property by an employee of 16 a school corporation if the employee is acting reasonably under a: 17 (A) discipline policy adopted under IC 20-33-8-12; or 18 (B) restraint and seclusion plan adopted under IC 20-20-40-14. 19 (21) An act or omission performed in good faith under the 20 apparent authority of a court order described in IC 35-46-1-15.1 21 or IC 35-46-1-15.3 that is invalid, including an arrest or 22 imprisonment related to the enforcement of the court order, if the 23 governmental entity or employee would not have been liable had 24 the court order been valid. 25 (22) An act taken to investigate or remediate hazardous 26 substances, petroleum, or other pollutants associated with a 27 brownfield (as defined in IC 13-11-2-19.3) unless: 28 (A) the loss is a result of reckless conduct; or 29 (B) the governmental entity was responsible for the initial 30 placement of the hazardous substances, petroleum, or other 31 pollutants on the brownfield. 32 (23) The operation of an off-road vehicle (as defined in 33 IC 14-8-2-185) by a nongovernmental employee, or by a 34 governmental employee not acting within the scope of the 35 employment of the employee, on a public highway in a county 36 road system outside the corporate limits of a city or town, unless 37 the loss is the result of an act or omission amounting to: 38 (A) gross negligence; 39 (B) willful or wanton misconduct; or 40 (C) intentional misconduct. 41 This subdivision shall not be construed to relieve a governmental 42 entity from liability for the continuing duty to maintain highways 2026 IN 215—LS 6939/DI 152 32 1 in a reasonably safe condition for the operation of motor vehicles 2 licensed by the bureau of motor vehicles for operation on public 3 highways. 4 (24) Any act or omission rendered in connection with a request, 5 investigation, assessment, or opinion provided under 6 IC 36-9-28.7. 7 (b) This subsection applies to a cause of action that accrues during 8 a period of a state disaster emergency declared under IC 10-14-3-12 to 9 respond to COVID-19, if the state of disaster emergency was declared 10 after February 29, 2020, and before April 1, 2022. A governmental 11 entity or an employee acting within the scope of the employee's 12 employment is not liable for an act or omission arising from COVID-19 13 unless the act or omission constitutes gross negligence, willful or 14 wanton misconduct, or intentional misrepresentation. If a claim 15 described in this subsection is: 16 (1) a claim for injury or death resulting from medical malpractice; 17 and 18 (2) not barred by the immunity provided under this subsection; 19 the claimant is required to comply with all of the provisions of 20 IC 34-18 (medical malpractice act). 21 (c) A governmental entity or an officer or employee of a 22 governmental entity is immune from any action, claim, 23 counterclaim, or other legal or equal action that: 24 (1) challenges the validity of any provision in: 25 (A) IC 4-1-15; 26 (B) IC 11-8-11; 27 (C) IC 20-33-14; 28 (D) IC 21-39-10; 29 (E) IC 24-4-27; or 30 (F) IC 36-2-13-20; or 31 (2) seeks to prevent enforcement of a provision listed in 32 subdivision (1). 33 SECTION 17. IC 35-43-2-2, AS AMENDED BY P.L.186-2025, 34 SECTION 239, IS AMENDED TO READ AS FOLLOWS 35 [EFFECTIVE JULY 1, 2026]: Sec. 2. (a) As used in this section, 36 "authorized person" means a person authorized by an agricultural 37 operation or a scientific research facility to act on behalf of the 38 agricultural operation or the scientific research facility. 39 (b) A person who: 40 (1) not having a contractual interest in the property, knowingly or 41 intentionally enters the real property of another person after 42 having been denied entry by the other person, that person's agent, 2026 IN 215—LS 6939/DI 152 33 1 or a law enforcement officer acting on behalf of the other person 2 or that person's agent; 3 (2) not having a contractual interest in the property, knowingly or 4 intentionally refuses to leave the real property of another person 5 after having been asked to leave by the other person, that person's 6 agent, or a law enforcement officer acting on behalf of the other 7 person or that person's agent; 8 (3) accompanies another person in a vehicle, with knowledge that 9 the other person knowingly or intentionally is exerting 10 unauthorized control over the vehicle; 11 (4) knowingly or intentionally interferes with the possession or 12 use of the property of another person without the person's consent; 13 (5) not having a contractual interest in the property, knowingly or 14 intentionally enters the: 15 (A) property of an agricultural operation that is used for the 16 production, processing, propagation, packaging, cultivation, 17 harvesting, care, management, or storage of an animal, plant, 18 or other agricultural product, including any pasturage or land 19 used for timber management, without the consent of the owner 20 of the agricultural operation or an authorized person; or 21 (B) dwelling of another person without the person's consent; 22 (6) knowingly or intentionally: 23 (A) travels by train without lawful authority or the railroad 24 carrier's consent; and 25 (B) rides on the outside of a train or inside a passenger car, 26 locomotive, or freight car, including a boxcar, flatbed, or 27 container without lawful authority or the railroad carrier's 28 consent; 29 (7) not having a contractual interest in the property, knowingly or 30 intentionally enters or refuses to leave the property of another 31 person after having been prohibited from entering or asked to 32 leave the property by a law enforcement officer when the property 33 is: 34 (A) vacant real property (as defined in IC 36-7-36-5) or a 35 vacant structure (as defined in IC 36-7-36-6); or 36 (B) designated by a municipality or county enforcement 37 authority to be: 38 (i) abandoned property or an abandoned structure (as 39 defined in IC 36-7-36-1); or 40 (ii) an unsafe building or an unsafe premises (as described 41 in IC 36-7-9); 42 (8) not having a contractual interest in the property, knowingly or 2026 IN 215—LS 6939/DI 152 34 1 intentionally enters the real property of an agricultural operation 2 (as defined in IC 32-30-6-1) without the permission of the owner 3 of the agricultural operation or an authorized person, and 4 knowingly or intentionally engages in conduct that causes 5 property damage to: 6 (A) the owner of or a person having a contractual interest in 7 the agricultural operation; 8 (B) the operator of the agricultural operation; or 9 (C) a person having personal property located on the property 10 of the agricultural operation; 11 (9) not having a contractual interest in the property, knowingly or 12 intentionally enters the real property of a scientific research 13 facility (as defined in IC 35-31.5-2-287) without the permission 14 of, or with permission which was fraudulently obtained from, the 15 owner of the scientific research facility or an authorized person, 16 and knowingly or intentionally engages in conduct that causes 17 property damage to: 18 (A) the owner of or a person having a contractual interest in 19 the scientific research facility; 20 (B) the operator of the scientific research facility; or 21 (C) a person having personal property located on the property 22 of the scientific research facility; 23 (10) knowingly or intentionally enters the property of another 24 person after being denied entry by a court order that has been 25 issued to the person or issued to the general public by 26 conspicuous posting on or around the premises in areas where a 27 person can observe the order when the property has been 28 designated by a municipality or county enforcement authority to 29 be: 30 (A) a vacant property; 31 (B) an abandoned property; 32 (C) an abandoned structure (as defined in IC 36-7-36-1); or 33 (D) an unsafe building or an unsafe premises (as described in 34 IC 36-7-9); 35 (11) knowingly or intentionally enters or refuses to leave the polls 36 (as defined in IC 3-5-2.1-80) or chute (as defined in 37 IC 3-5-2.1-21) after having been prohibited from entering or 38 asked to leave the polls or chute by a precinct election officer (as 39 defined in IC 3-5-2.1-82) or a law enforcement officer acting on 40 behalf of a precinct election officer; or 41 (12) knowingly or intentionally: 42 (A) without permission or prior authorization, enters an area 2026 IN 215—LS 6939/DI 152 35 1 of property that is locked; or 2 (B) refuses to leave an area of a property that is otherwise not 3 accessible to the public, after being asked to leave the area of 4 a property by a law enforcement officer or an employee or 5 agent of the owner or operator of the property; or 6 (13) except as provided in IC 4-1-15-4(b), knowingly or 7 intentionally: 8 (A) enters a multiple occupancy restroom or changing area 9 in a public building (as defined in IC 4-1-15-1) designated 10 for a sex (as defined in IC 1-1-4-5(a)(22)) that is not the 11 individual's sex; and 12 (B) refuses to leave the multiple occupancy restroom or 13 changing area after being asked to leave by: 14 (i) an employee of the governmental entity that leases or 15 owns the public building; or 16 (ii) a law enforcement officer; 17 commits criminal trespass, a Class A misdemeanor. However, the 18 offense is a Level 6 felony if it is committed on a scientific research 19 facility, on a facility belonging to a public utility (as defined in 20 IC 32-24-1-5.9(a)), on school property, or on a school bus or the person 21 has a prior unrelated conviction for an offense under this section 22 concerning the same property. The offense is a Level 6 felony, for 23 purposes of subdivision (8), if the property damage is more than seven 24 hundred fifty dollars ($750) and less than fifty thousand dollars 25 ($50,000). The offense is a Level 5 felony, for purposes of subdivisions 26 (8) and (9), if the property damage is at least fifty thousand dollars 27 ($50,000). 28 (c) A person has been denied entry under subsection (b)(1) when the 29 person has been denied entry by means of: 30 (1) personal communication, oral or written; 31 (2) posting or exhibiting a notice at the main entrance in a manner 32 that is either prescribed by law or likely to come to the attention 33 of the public; 34 (3) a hearing authority or court order under IC 32-30-6, 35 IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36; or 36 (4) posting the property by placing identifying purple marks on 37 trees or posts around the area where entry is denied. 38 (d) For the purposes of subsection (c)(4): 39 (1) each purple mark must be readily visible to any person 40 approaching the property and must be placed: 41 (A) on a tree: 42 (i) as a vertical line of at least eight (8) inches in length and 2026 IN 215—LS 6939/DI 152 36 1 with the bottom of the mark at least three (3) feet and not 2 more than five (5) feet from the ground; and 3 (ii) not more than one hundred (100) feet from the nearest 4 other marked tree; or 5 (B) on a post: 6 (i) with the mark covering at least the top two (2) inches of 7 the post, and with the bottom of the mark at least three (3) 8 feet and not more than five (5) feet six (6) inches from the 9 ground; and 10 (ii) not more than thirty-six (36) feet from the nearest other 11 marked post; and 12 (2) before a purple mark that would be visible from both sides of 13 a fence shared by different property owners or lessees may be 14 applied, all of the owners or lessees of the properties must agree 15 to post the properties with purple marks under subsection (c)(4). 16 (e) A law enforcement officer may not deny entry to property or ask 17 a person to leave a property under subsection (b)(7) unless there is 18 reasonable suspicion that criminal activity has occurred or is occurring. 19 (f) A person described in subsection (b)(7) or (b)(10) violates 20 subsection (b)(7) or (b)(10), as applicable, unless the person has the 21 written permission of the owner, the owner's agent, an enforcement 22 authority, or a court to come onto the property for purposes of 23 performing maintenance, repair, or demolition. 24 (g) A person described in subsection (b)(10) violates subsection 25 (b)(10) unless the court that issued the order denying the person entry 26 grants permission for the person to come onto the property. 27 (h) Subsections (b), (c), and (g) do not apply to the following: 28 (1) A passenger on a train. 29 (2) An employee of a railroad carrier while engaged in the 30 performance of official duties. 31 (3) A law enforcement officer, firefighter, or emergency response 32 personnel while engaged in the performance of official duties. 33 (4) A person going on railroad property in an emergency to rescue 34 a person or animal from harm's way or to remove an object that 35 the person reasonably believes poses an imminent threat to life or 36 limb. 37 (5) A person on the station grounds or in the depot of a railroad 38 carrier: 39 (A) as a passenger; or 40 (B) for the purpose of transacting lawful business. 41 (6) A: 42 (A) person; or 2026 IN 215—LS 6939/DI 152 37 1 (B) person's: 2 (i) family member; 3 (ii) invitee; 4 (iii) employee; 5 (iv) agent; or 6 (v) independent contractor; 7 going on a railroad's right-of-way for the purpose of crossing at a 8 private crossing site approved by the railroad carrier to obtain 9 access to land that the person owns, leases, or operates. 10 (7) A person having written permission from the railroad carrier 11 to go on specified railroad property. 12 (8) A representative of the Indiana department of transportation 13 while engaged in the performance of official duties. 14 (9) A representative of the federal Railroad Administration while 15 engaged in the performance of official duties. 16 (10) A representative of the National Transportation Safety Board 17 while engaged in the performance of official duties. 18 (i) The offense described in subsection (b)(13) is a Level 6 felony 19 if it is committed by a person who was convicted of criminal 20 trespass under subsection (b)(13) within the last five (5) years. 21 SECTION 18. IC 36-2-13-20 IS ADDED TO THE INDIANA 22 CODE AS A NEW SECTION TO READ AS FOLLOWS 23 [EFFECTIVE JULY 1, 2026]: Sec. 20. (a) Notwithstanding any other 24 law, an incarcerated person may not be housed in a county jail that 25 does not align with the incarcerated person's sex (as defined in 26 IC 1-1-4-5(a)(22)). 27 (b) Beginning July 1, 2027, the attorney general may investigate 28 allegations of violations of this chapter. In addition to any civil 29 action filed by a taxpayer under subsection (c), the attorney 30 general may file a civil action to petition a court with jurisdiction: 31 (1) to impose a civil penalty of up to ten thousand dollars 32 ($10,000) against the sheriff in charge of a county jail for each 33 violation of this chapter, for which the sheriff shall be 34 personally liable; and 35 (2) for injunctive relief. 36 The attorney general shall transfer all civil penalties collected 37 under this chapter to the treasurer of state for deposit in the state 38 general fund. 39 (c) Beginning July 1, 2027, an Indiana taxpayer may file a civil 40 action against a county jail for each violation of subsection (a). 41 (d) The court may award to a taxpayer who prevails in an action 42 under this section any of the following: 2026 IN 215—LS 6939/DI 152 38 1 (1) Injunctive relief. 2 (2) The greater of: 3 (A) actual and consequential damages resulting from the 4 violation; or 5 (B) liquidated damages of not more than one thousand 6 dollars ($1,000). 7 (3) Costs and reasonable attorney's fees. 8 (4) Any other appropriate relief determined by the court. 9 (e) It is not a defense to a civil action brought in state court 10 under this section that a federal district court or the United States 11 Court of Appeals for the Seventh Circuit has: 12 (1) declared any provision or application of this section 13 unconstitutional; or 14 (2) enjoined or restrained any state official from bringing 15 prosecutions under this section. 16 (f) Notwithstanding any other law, any person, including an 17 attorney or a law firm that seeks declaratory or injunctive relief to 18 prevent a governmental entity or person from enforcing or 19 bringing an action to enforce this chapter, is jointly and severally 20 liable to pay the costs and reasonable attorney's fees of the 21 prevailing party, including the costs and reasonable attorney's fees 22 the prevailing party incurs in its efforts to recover costs and fees. 23 (g) For purposes of this section, a party is a prevailing party if: 24 (1) a court dismisses a claim or cause of action brought 25 against the party by a litigant that seeks declaratory or 26 injunctive relief under subsection (f), regardless of the reason 27 for the dismissal; 28 (2) a court enters judgment in the party's favor on a claim or 29 cause of action; or 30 (3) the litigant that seeks declaratory or injunctive relief 31 under subsection (f) voluntarily dismisses a claim or cause of 32 action. 33 (h) Regardless of whether a prevailing party sought to recover 34 costs or attorney's fees in the underlying action, a prevailing party 35 under this section may bring a civil action to recover costs and 36 attorney's fees against a person, including an attorney or a law 37 firm that sought declaratory or injunctive relief described by 38 subsection (f) not later than two (2) years after the judgment 39 becomes final. 40 (i) It is not a defense to an action brought under subsection (h) 41 that: 42 (1) a prevailing party failed to seek recovery of costs or 2026 IN 215—LS 6939/DI 152 39 1 attorney's fees in the underlying action; 2 (2) the court in the underlying action declined to recognize or 3 enforce this section; 4 (3) the court in the underlying action held that any provisions 5 of this section are invalid, unconstitutional, or preempted by 6 federal law, notwithstanding the doctrine of issue or claim 7 preclusion; or 8 (4) the court is a federal court. 9 (j) If a civil action is brought under subsection (h), the action 10 may not be transferred to a different venue without the written 11 consent of all parties. 12 (k) Notwithstanding any other law, IC 34-7-7 and IC 34-13-9 do 13 not apply to an action brought under subsection (h). 14 (l) A governmental entity or an officer or employee of a 15 governmental entity is immune from any action, claim, 16 counterclaim, or other legal or equal action that: 17 (1) challenges the validity of any provision in this section; or 18 (2) seeks to prevent enforcement of this section; 19 in accordance with IC 34-13-3-3. 20 (m) This section may not be construed to prevent a litigant from 21 asserting the invalidity or unconstitutionality of a provision of 22 application of this section as a defense to an action, claim, or 23 counterclaim brought against the litigant. 24 (n) The provisions of this section are severable as provided in 25 IC 1-1-1-8(b). 26 SECTION 19. [EFFECTIVE UPON PASSAGE] (a) The definitions 27 of "sex" and "gender", as added by IC 1-1-4-5(a)(22), as amended 28 by this act, are meant to be synonymous in the Indiana Code unless 29 specifically defined otherwise. The general assembly is adding 30 definitions of "sex" and "gender" in this act for purposes of 31 clarifying what has always been meant by the use of the terms in 32 the Indiana Code. 33 (b) This SECTION expires December 31, 2026. 34 SECTION 20. [EFFECTIVE UPON PASSAGE] (a) As used in this 35 SECTION, "state department" refers to the Indiana department 36 of health. 37 (b) The state department shall do the following: 38 (1) Identify each instance of a certificate of birth that contains 39 an altered sex classification, including pursuant to a court 40 order but excluding a change made due to a clerical error, 41 that is inconsistent with the definition of "sex" set forth in 42 IC 1-1-4-5(a)(22), as amended by this act. 2026 IN 215—LS 6939/DI 152 40 1 (2) Reissue each certificate of birth identified in subdivision 2 (1) with the sex classification that is consistent with the 3 definition set forth in IC 1-1-4-5(a)(22), as amended by this 4 act. 5 (3) Void the superseded document. 6 (c) The bureau of motor vehicles and the department of labor 7 shall share with the state department any data that includes an 8 address for any individual for which a birth certificate is required 9 to be reissued under this SECTION. The state department shall 10 share with the bureau of motor vehicles the name of any birth 11 certificate that is being reissued so that the bureau may take any 12 action necessary concerning that information. 13 (d) This SECTION expires December 31, 2028. 14 SECTION 21. [EFFECTIVE UPON PASSAGE] (a) As used in this 15 SECTION, "state department" refers to the Indiana department 16 of health. 17 (b) Before December 31, 2026, the state department shall update 18 the definition of "sex" that the state department uses as an agency 19 to the definition set forth in IC 1-1-4-5(a)(22), as amended by this 20 act. 21 (c) This SECTION expires December 31, 2027. 22 SECTION 22. An emergency is declared for this act. 2026 IN 215—LS 6939/DI 152