Text of IN SB 533 (2025)

Introduced Version SENATE BILL No. 533 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 35-31.5-2-319.2; IC 35-40.5. Synopsis: Sexual assault victims' rights. Provides certain procedural protections for victims of sexual assault, including the rights guaranteed to a victim as they relate to: (1) a victim's ability to have a support person present during a forensic medical exam or an interview with a law enforcement officer, prosecuting attorney, or defense attorney; (2) a victim's right to be interviewed by a law enforcement officer of the gender of the victim's choosing; (3) the collection and analysis of sexual assault forensic evidence from the victim; (4) a victim's ability to obtain a copy of a law enforcement report concerning the sexual assault; (5) notice to victims; and (6) legal procedures provided to protect a victim during a legal proceeding. Creates a civil cause of action for a violation of a victim's rights. Establishes the rights of victims of sexual assault commission. Effective: July 1, 2025. Yoder January 16, 2025, read first time and referred to Committee on Corrections and Criminal Law. 2025 IN 533—LS 6488/DI 147 Introduced First Regular Session of the 124th General Assembly (2025) 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 2024 Regular Session of the General Assembly. SENATE BILL No. 533 A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 35-31.5-2-319.2 IS ADDED TO THE INDIANA 2 CODE AS A NEW SECTION TO READ AS FOLLOWS 3 [EFFECTIVE JULY 1, 2025]: Sec. 319.2. "Support person", for 4 purposes of IC 35-40.5, has the meaning set forth in IC 35-40.5-1-1. 5 SECTION 2. IC 35-40.5-1-1, AS AMENDED BY P.L.32-2021, 6 SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 7 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this 8 article: 9 (1) "Law enforcement officer" means any of the following: 10 (A) A law enforcement officer (as defined in 11 IC 35-31.5-2-185). 12 (B) A state educational institution police officer appointed 13 under IC 21-39-4. 14 (C) A school corporation police officer appointed under 15 IC 20-26-16. 16 (D) A school resource officer (as defined in IC 20-26-18.2-1). 17 (E) A police officer of a private postsecondary educational 2025 IN 533—LS 6488/DI 147 2 1 institution whose governing board has appointed the police 2 officer under IC 21-17-5-2. 3 (2) "Provider" has the meaning set forth in IC 16-21-8-0.2. 4 (3) "Relative" has the meaning set forth in IC 35-42-2-1(b). 5 (4) "Sexual assault forensic evidence" means the results collected 6 from a forensic medical examination of a victim by a provider. 7 (5) "State sexual assault response team" means the statewide 8 sexual assault response team coordinated by the Indiana 9 prosecuting attorneys council and the Indiana criminal justice 10 institute. 11 (6) "Support person" means a person of the victim's choosing. 12 (6) (7) "Victim" means an individual: 13 (A) who is a victim of sexual assault (as defined in 14 IC 5-26.5-1-8); or 15 (B) who: 16 (i) is a relative of or a person who has had a close personal 17 relationship with the individual described under clause (A); 18 and 19 (ii) is designated by the individual described under clause 20 (A) as a representative. 21 The term does not include an individual who is accused of 22 committing an act of sexual assault (as defined in 23 IC 5-26.5-1-8) against the individual described under clause 24 (A). 25 (7) (8) "Victim advocate" has the meaning set forth in 26 IC 35-37-6-3.5. 27 (8) (9) "Victim service provider" has the meaning set forth in 28 IC 35-37-6-5. 29 SECTION 3. IC 35-40.5-2-1, AS ADDED BY P.L.58-2020, 30 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 31 JULY 1, 2025]: Sec. 1. The rights provided to victims under this article 32 attach whenever a victim is subject to: 33 (1) a forensic medical exam; or 34 (2) an interview by a law enforcement officer, prosecuting 35 attorney, or defense attorney; 36 in relation to injuries, trauma, or an investigation resulting from an 37 alleged sexual assault. 38 SECTION 4. IC 35-40.5-3-2.5 IS ADDED TO THE INDIANA 39 CODE AS A NEW SECTION TO READ AS FOLLOWS 40 [EFFECTIVE JULY 1, 2025]: Sec. 2.5. A victim has the right to have 41 a support person present during any: 42 (1) forensic medical examination; and 2025 IN 533—LS 6488/DI 147 3 1 (2) interview conducted by a law enforcement officer, 2 prosecuting attorney, or defense attorney. 3 A victim retains this right even if the victim has waived the right 4 in a previous examination or interview. 5 SECTION 5. IC 35-40.5-4-2, AS AMENDED BY P.L.133-2020, 6 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 7 JULY 1, 2025]: Sec. 2. Before a provider commences a forensic 8 medical examination, or as soon as possible, the provider shall inform 9 the victim of the following: 10 (1) The victim's rights under this article and other relevant law in 11 a document to be developed by the state sexual assault response 12 team, which shall be signed by the victim to confirm receipt, 13 unless the victim has already been provided with the document 14 under IC 35-40.5-5-1. 15 (2) The victim's right to speak with a victim advocate or victim 16 service provider. If a victim advocate or victim service provider 17 is not available, a victim has the right to speak with victims 18 assistance or a social worker. 19 (3) The victim's right to have a support person present during 20 the forensic medical examination. 21 (4) The ramifications of delaying the forensic medical 22 examination if a victim advocate, victim service provider, or 23 support person cannot be summoned in a reasonably timely 24 manner as described in subdivisions (2) and (3). 25 SECTION 6. IC 35-40.5-5-1, AS AMENDED BY P.L.133-2020, 26 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 27 JULY 1, 2025]: Sec. 1. Before a law enforcement officer, prosecuting 28 attorney, or defense attorney commences an interview of a victim, 29 the law enforcement officer, prosecuting attorney, or defense 30 attorney shall inform the victim of the following: 31 (1) The victim's rights under this article and other relevant law in 32 a document to be developed by the state sexual assault response 33 team, which shall be signed by the victim to confirm receipt, 34 unless the victim has already been provided with the document 35 under IC 35-40.5-4-2. 36 (2) The victim's right to speak with a victim advocate or victim 37 service provider, or support person during the course of the 38 investigation, and that the victim has the right to speak to victims 39 assistance or a social worker if a victim advocate or victim service 40 provider is not available. 41 (3) The victim's right to be interviewed by a law enforcement 42 officer of the gender of the victim's choosing. If no law 2025 IN 533—LS 6488/DI 147 4 1 enforcement officer of that gender is reasonably available, the 2 victim may be interviewed by an available law enforcement 3 officer only upon the victim's consent. 4 SECTION 7. IC 35-40.5-5.2 IS ADDED TO THE INDIANA CODE 5 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 6 JULY 1, 2025]: 7 Chapter 5.2. Analysis of Sexual Assault Forensic Evidence 8 Sec. 1. A victim has the right to prompt analysis of sexual 9 assault forensic evidence collected from a forensic medical 10 examination. 11 Sec. 2. A provider shall, upon conducting a forensic medical 12 examination to collect sexual assault forensic evidence, inform the 13 victim of the following: 14 (1) The sexual assault forensic evidence shall be transported 15 to the crime laboratory. 16 (2) Not later than ninety (90) days after receiving the sexual 17 assault forensic evidence, the crime laboratory shall analyze 18 the sexual assault forensic evidence, unless the victim waives 19 this requirement in writing at any time before analysis of the 20 evidence. 21 (3) The crime laboratory shall retain the sexual assault 22 forensic evidence until the later of: 23 (A) the statute of limitations bars prosecution of the 24 offense as described under IC 35-41-4-2; or 25 (B) the victim reaches forty (40) years of age if the victim 26 was a minor when the offense occurred; 27 before the evidence is destroyed. 28 (4) If the victim elects to waive the requirement under 29 subdivision (2), the victim may still request that the sexual 30 assault forensic evidence collected be tested before it is 31 destroyed pursuant to subdivision (3). 32 Sec. 3. Not later than twenty-four (24) hours after collecting any 33 sexual assault forensic evidence, a provider shall notify the law 34 enforcement agency with jurisdiction over the offense. 35 Sec. 4. (a) The law enforcement agency that receives notice 36 under section 3 of this chapter shall: 37 (1) obtain the sexual assault forensic evidence from the 38 provider and transport the evidence to a crime laboratory not 39 later than five (5) days after receiving notice from the 40 provider; or 41 (2) comply with the transport requirements described under 42 IC 16-21-8-10. 2025 IN 533—LS 6488/DI 147 5 1 (b) Pursuant to subsection (a)(2), if the law enforcement agency 2 complies with IC 16-21-8-10, the law enforcement agency must 3 transport the sexual assault forensic evidence to a crime laboratory 4 not later than forty-eight (48) hours after receiving notice from the 5 provider. 6 (c) Not later than five (5) days after receiving notice, the law 7 enforcement agency that receives notice or transports evidence 8 under this chapter shall assign a case number to any evidence that 9 is submitted to the crime laboratory for testing and analysis. 10 (d) If a law enforcement agency having possession of the sexual 11 assault forensic evidence does not have jurisdiction over the alleged 12 sexual assault, not later than five (5) days after taking possession 13 of the sexual assault forensic evidence, the law enforcement agency 14 shall notify the law enforcement agency having proper jurisdiction. 15 After receiving notice, the law enforcement agency having proper 16 jurisdiction shall take possession of the evidence and submit the 17 evidence as provided in this section. 18 (e) A law enforcement agency that submits sexual assault 19 forensic evidence to a crime laboratory shall, immediately after 20 submission, notify the victim of the: 21 (1) name, address, and telephone number of the crime 22 laboratory where the evidence has been submitted; and 23 (2) information described in section 2 of this chapter. 24 Sec. 5. Sexual assault forensic evidence may not be used: 25 (1) to prosecute a victim for any unrelated misdemeanor 26 crimes or any crime under IC 35-48-4; or 27 (2) as a basis to search for further evidence of any unrelated 28 misdemeanor crimes or any crime under IC 35-48-4 that may 29 have been committed by the victim. 30 SECTION 8. IC 35-40.5-7-2 IS ADDED TO THE INDIANA CODE 31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 32 1, 2025]: Sec. 2. Not later than five (5) business days after receiving 33 a written request by a victim, a law enforcement officer shall 34 provide a free, complete, and unaltered copy of all law enforcement 35 reports concerning the sexual assault to the victim, regardless of 36 whether the report has been closed by the law enforcement agency. 37 SECTION 9. IC 35-40.5-8 IS ADDED TO THE INDIANA CODE 38 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 39 JULY 1, 2025]: 40 Chapter 8. Cause of Action 41 Sec. 1. (a) If a victim suffers an injury: 42 (1) as the result of any act or practice that violates this article; 2025 IN 533—LS 6488/DI 147 6 1 or 2 (2) from a threatened violation of this article; 3 the individual may bring a civil action. 4 (b) A court may order an award of any or all of the following to 5 an individual who prevails in an action under subsection (a): 6 (1) The greater of: 7 (A) actual and consequential damages resulting from the 8 violation or threatened violation; or 9 (B) liquidated damages of not more than one thousand 10 dollars ($1,000). 11 (2) Reasonable attorney's fees, litigation expenses, and costs. 12 (3) Declaratory or equitable relief, including injunctive relief. 13 (4) Other relief the court considers proper. 14 (c) The remedies and penalties set forth in subsection (b) are: 15 (1) cumulative; and 16 (2) in addition to other remedies and penalties imposed for a 17 violation of this article. 18 SECTION 10. IC 35-40.5-9 IS ADDED TO THE INDIANA CODE 19 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 20 JULY 1, 2025]: 21 Chapter 9. Legal Procedures 22 Sec. 1. As provided under this article, a victim has the right to 23 be reasonably protected from the defendant and persons acting on 24 behalf of the defendant in either a civil or criminal case relating to 25 the alleged sexual assault. 26 Sec. 2. A victim shall not be required to submit to a polygraph 27 examination as provided under IC 35-37-4.5-2. 28 SECTION 11. IC 35-40.5-10 IS ADDED TO THE INDIANA 29 CODE AS A NEW CHAPTER TO READ AS FOLLOWS 30 [EFFECTIVE JULY 1, 2025]: 31 Chapter 10. Rights of Victims of Sexual Assault Commission 32 Sec. 1. As used in this chapter, "commission" refers to the rights 33 of victims of sexual assault commission established by section 2 of 34 this chapter. 35 Sec. 2. The rights of victims of sexual assault commission is 36 established under the executive branch of state government as a 37 continuing commission. 38 Sec. 3. The commission consists of the following members, all of 39 whom are voting members: 40 (1) The executive director of the Indiana criminal justice 41 institute or the executive director's designee. 42 (2) The superintendent of the state police department or the 2025 IN 533—LS 6488/DI 147 7 1 superintendent's designee. 2 (3) The secretary of education or the secretary's designee. 3 (4) The commissioner of the commission for higher education 4 or the commissioner's designee. 5 (5) Ten (10) members who are Indiana residents appointed by 6 the governor as follows: 7 (A) One (1) member who is a victim. 8 (B) One (1) member who is a representative of the Indiana 9 Coalition to End Sexual Assault and Human Trafficking. 10 (C) One (1) member who is a representative of the 11 prosecuting attorneys council of Indiana. 12 (D) One (1) member who is a representative of the Indiana 13 State Bar Association. 14 (E) One (1) member who is a representative of the Indiana 15 Association of Chiefs of Police. 16 (F) One (1) member who is a representative of the Indiana 17 state police laboratory division. 18 (G) One (1) member who is a representative of a rape crisis 19 center. 20 (H) One (1) member who is a representative of an 21 organization that provides services, education, or outreach 22 to minority communities and immigrant communities. 23 (I) One (1) member who is a representative of an 24 organization that provides services, education, or outreach 25 to lesbian, gay, bisexual, and transgender individuals. 26 (J) One (1) member who is a forensic nurse. 27 Sec. 4. (a) The executive director of the Indiana criminal justice 28 institute or the executive director's designee shall serve as the 29 chairperson of the commission. 30 (b) Members of the commission appointed under section 3(5) of 31 this chapter serve a term that ends June 30 of the odd-numbered 32 year next following appointment but may be reappointed for 33 subsequent terms. A member to whom this subsection applies 34 serves at the will of the governor. 35 (c) A vacancy under subsection (b) shall be filled by the 36 governor to meet the corresponding qualification. A member 37 appointed under this subsection serves until the end of the 38 unexpired term of the vacating member. 39 Sec. 5. The commission shall meet at least one (1) time each year 40 and at the call of the chairperson. 41 Sec. 6. (a) Eight (8) members of the commission constitute a 42 quorum. 2025 IN 533—LS 6488/DI 147 8 1 (b) The affirmative votes of a majority of the voting members 2 appointed to the commission are required for the commission to 3 take action on any measure. 4 Sec. 7. The Indiana criminal justice institute shall staff the 5 commission. 6 Sec. 8. The following apply to the mileage, per diem, and travel 7 expenses for the commission: 8 (1) Each member of the commission who is not a state 9 employee is entitled to the minimum salary per diem provided 10 by IC 4-10-11-2.1(b). The member is also entitled to 11 reimbursement for mileage, traveling expenses as provided 12 under IC 4-13-1-4, and other expenses actually incurred in 13 connection with the member's duties as provided in the state 14 policies and procedures established by the Indiana 15 department of administration and approved by the budget 16 agency. 17 (2) Each member of the commission who is a state employee 18 but who is not a member of the general assembly is entitled to 19 the minimum salary per diem, mileage, and traveling expenses 20 provided under IC 4-13-1-4 and other expenses actually 21 incurred in connection with the member's duties as provided 22 in the state policies and procedures established by the Indiana 23 department of administration and approved by the budget 24 agency. 25 Sec. 9. The commission shall study nationally recognized best 26 practices and make recommendations regarding the following: 27 (1) The development and implementation of an effective 28 mechanism for submitting, tracking, and investigating 29 complaints regarding the handling of, or response to, a sexual 30 assault report or investigation by any agency or organization 31 involved in the handling or response. 32 (2) Whether a need exists for additional victim advocates for 33 victims. If the commission determines there is a need for 34 additional victim advocates, the commission shall: 35 (A) develop criteria to certify victim advocates; 36 (B) in conjunction with rape crisis centers, victim advocacy 37 organizations, and other similar agencies or organizations, 38 establish a plan to provide additional victim advocates to 39 meet the needs identified by the commission; and 40 (C) determine the cost of funding the plan described in 41 clause (B). 42 (3) Whether a need exists to expand a victim's right to a 2025 IN 533—LS 6488/DI 147 9 1 victim advocate beyond the medical examination and law 2 enforcement, prosecuting attorney, or defense attorney 3 interview settings. If the commission determines there is a 4 need to expand the right to a victim advocate, the commission 5 shall: 6 (A) identify the scope and nature of the need; and 7 (B) make recommendations on how to fulfill the need. 8 (4) Whether a need exists to provide an ongoing evaluation of 9 the implementation of the rights of victims. If such a need 10 does exist, the commission shall: 11 (A) identify the scope and nature of the need; and 12 (B) make recommendations on how to fulfill the need. 13 (5) Whether there is an ongoing need to maintain the 14 commission after the commission issues the report required 15 by section 12 of this chapter. 16 Sec. 10. In fulfilling the requirements described in section 9 of 17 this chapter, the commission shall do the following: 18 (1) Collect data concerning: 19 (A) sexual assault reporting; 20 (B) arrests; 21 (C) prosecution rates; 22 (D) access to victim advocates; and 23 (E) any other data necessary for the commission's 24 deliberations and recommendations. 25 If the data described in this subdivision does not exist, the 26 commission shall encourage the Indiana criminal justice 27 institute to collect and maintain the data. 28 (2) Obtain feedback from stakeholders, practitioners, and 29 leadership in law enforcement, victim services, forensic 30 science, and health care for the development of best practices 31 or clinical guidelines for caring for and treating victims. 32 Sec. 11. In undertaking the commission's duties described in this 33 chapter, the commission may retain independent experts to: 34 (1) request files and records from any law enforcement officer 35 in a manner that keeps the information confidential, 36 anonymous, and in the aggregate; 37 (2) conduct confidential interviews with law enforcement 38 officers, medical providers, victim advocates, and others with 39 direct knowledge of the sexual assault response process; and 40 (3) provide advice and recommendations to the commission 41 while maintaining confidentiality. 42 Sec. 12. Not later than December 31, 2026, the commission shall 2025 IN 533—LS 6488/DI 147 10 1 prepare and submit a report summarizing the commission's 2 findings and recommendations under this chapter to the: 3 (1) general assembly in an electronic format under IC 5-14-6; 4 (2) governor; and 5 (3) attorney general. 2025 IN 533—LS 6488/DI 147