Enrolled Act, Senate Bill 0307

Subject: Enrolled Act, Senate Bill 0307 Date: Tue, 30 Jun 2009 15:29:05 -0400 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.in.gov/legislative/bills/2009/SE/SE0307.1.html X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3350 Enrolled Act, Senate Bill 0307

First Regular Session 116th General Assembly = (2009)

PRINTING = CODE. Amendments: Whenever an existing statute (or a section of the = Indiana=20 Constitution) is being amended, the text of the existing provision will = appear=20 in this style type, additions will appear in this style type, and = deletions will appear in ~~this~~ ~~style~~=20 ~~type.~~
Additions: Whenever a new statutory provision = is being=20 enacted (or a new constitutional provision adopted), the text of the new = provision will appear in this style type. Also, the word = NEW will=20 appear in that style type in the introductory clause of each SECTION = that adds a=20 new provision to the Indiana Code or the Indiana = Constitution.
Conflict=20 reconciliation: Text in a statute in this style type or=20 ~~this~~ ~~style~~ = ~~type~~=20 reconciles conflicts between statutes enacted by the 2008 Regular = Session of the=20 General Assembly.

SENATE ENROLLED ACT No. = 307

= AN=20 ACT to amend the Indiana Code concerning public safety.

Be it enacted by the General Assembly of the = State of=20 Indiana:

SOURCE: IC 5-2-1-9; (09)SE0307.1.1. -->

    SECTION 1. IC 5-2-1-9, AS = AMENDED=20 BY HEA 1198-2009, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE = JULY 1,=20 2009]: Sec. 9. (a) The board shall adopt in accordance with = IC 4-22-2 all=20 necessary rules to carry out the provisions of this chapter. The rules, = which=20 shall be adopted only after necessary and proper investigation and = inquiry by=20 the board, shall include the establishment of the=20 following:
        (1) = Minimum=20 standards of physical, educational, mental, and moral fitness which = shall govern=20 the acceptance of any person for training by any law enforcement = training school=20 or academy meeting or exceeding the minimum standards established = pursuant to=20 this chapter.
        (2) = Minimum=20 standards for law enforcement training schools administered by towns, = cities,=20 counties, law enforcement training centers, agencies, or departments of = the=20 state.
        (3) Minimum = standards=20 for courses of study, attendance requirements, equipment, and facilities = for=20 approved town, city, county, and state law enforcement officer, police = reserve=20 officer, and conservation reserve officer training=20 schools.
        (4) Minimum=20 standards for a course of study on cultural diversity awareness that = must be=20 required for each person accepted for training at a law enforcement = training=20 school or academy.=20

        (5) Minimum = qualifications for=20 instructors at approved law enforcement training=20 schools.
        (6) Minimum = basic=20 training requirements which law enforcement officers appointed to = probationary=20 terms shall complete before being eligible for continued or permanent=20 employment.
        (7) = Minimum basic=20 training requirements which law enforcement officers appointed on other = than a=20 permanent basis shall complete in order to be eligible for continued = employment=20 or permanent = appointment.
        (8)=20 Minimum basic training requirements which law enforcement officers = appointed on=20 a permanent basis shall complete in order to be eligible for continued=20 employment.
        (9) = Minimum basic=20 training requirements for each person accepted for training at a law = enforcement=20 training school or academy that include six (6) hours of training in = interacting=20 with:
          &nbs= p; =20 (A) persons with mental illness, addictive disorders, mental = retardation,=20 and developmental disabilities;=20 and
          &nb= sp; (B)=20 missing endangered adults (as defined in=20 IC 12-7-2-131.3);
        = ;to=20 be provided by persons approved by the secretary of family and social = services=20 and the board.
        (10) = Minimum=20 standards for a course of study on human and sexual trafficking that = must be=20 required for each person accepted for training at a law enforcement = training=20 school or academy and for inservice training programs for law = enforcement=20 officers. The course must cover the following=20 topics:
          &n= bsp; (A)=20 Examination of the human and sexual trafficking laws=20 (IC 35-42-3.5).
        &= nbsp;   (B)=20 Identification of human and sexual=20 trafficking.
         &nb= sp;  (C)=20 Communicating with traumatized=20 persons.
          &= nbsp; (D)=20 Therapeutically appropriate investigative=20 techniques.
         &nbs= p;  (E)=20 Collaboration with federal law enforcement=20 officials.
          = ;  (F)=20 Rights of and protections afforded to=20 victims.
          &= nbsp; (G)=20 Providing documentation that satisfies the Declaration of Law = Enforcement=20 Officer for Victim of Trafficking in Persons (Form I-914, Supplement B)=20 requirements established under federal=20 law.
           = ; (H)=20 The availability of community resources to assist human and sexual = trafficking=20 victims.
    (b) Except as provided in subsection = (l), a=20 law enforcement officer appointed after July 5, 1972, and before July 1, = 1993,=20 may not enforce the laws or ordinances of the state or any political = subdivision=20 unless=20

the officer has, within one (1) year from the date of appointment,=20 successfully completed the minimum basic training requirements = established under=20 this chapter by the board. If a person fails to successfully complete = the basic=20 training requirements within one (1) year from the date of employment, = the=20 officer may not perform any of the duties of a law enforcement officer = involving=20 control or direction of members of the public or exercising the power of = arrest=20 until the officer has successfully completed the training requirements. = This=20 subsection does not apply to any law enforcement officer appointed = before July=20 6, 1972, or after June 30, 1993.
    (c) Military = leave=20 or other authorized leave of absence from law enforcement duty during = the first=20 year of employment after July 6, 1972, shall toll the running of the = first year,=20 which shall be calculated by the aggregate of the time before and after = the=20 leave, for the purposes of this chapter.
    (d) = Except=20 as provided in subsections (e), (l), (r), and (s), a law enforcement = officer=20 appointed to a law enforcement department or agency after June 30, 1993, = may=20 not:
        (1) make an=20 arrest;
        (2) conduct a = search=20 or a seizure of a person or property;=20 or
        (3) carry a=20 firearm;
unless the law enforcement officer successfully completes, = at a=20 board certified law enforcement academy or at a law enforcement training = center=20 under section 10.5 or 15.2 of this chapter, the basic training = requirements=20 established by the board under this = chapter.
    (e) This=20 subsection does not apply=20 to:
        (1) a gaming = agent=20 employed as a law enforcement officer by the Indiana gaming commission;=20 or
        (2)=20 an:
           = (A)=20 attorney;=20 or
           &= nbsp;(B)=20 investigator;
        designat= ed by=20 the securities commissioner as a police officer of the state under=20 IC 23-19-6-1(i).
Before a law enforcement officer appointed = after June=20 30, 1993, completes the basic training requirements, the law enforcement = officer=20 may exercise the police powers described in subsection (d) if the = officer=20 successfully completes the pre-basic course established in subsection = (f).=20 Successful completion of the pre-basic course authorizes a law = enforcement=20 officer to exercise the police powers described in subsection (d) for = one (1)=20 year after the date the law enforcement officer is=20 appointed.
    (f) The board shall adopt rules = under=20 IC 4-22-2 to establish a=20

pre-basic course for the purpose of=20 training:
        (1) law = enforcement=20 officers;
        (2) police = reserve=20 officers (as described in IC 36-8-3-20);=20 and
        (3) conservation = reserve=20 officers (as described in IC 14-9-8-27);
regarding the subjects = of=20 arrest, search and seizure, the lawful use of force, and the operation = of an=20 emergency vehicle. The pre-basic course must be offered on a periodic = basis=20 throughout the year at regional sites statewide. The pre-basic course = must=20 consist of at least forty (40) hours of course work. The board may = prepare the=20 classroom part of the pre-basic course using available technology in = conjunction=20 with live instruction. The board shall provide the course material, the=20 instructors, and the facilities at the regional sites throughout the = state that=20 are used for the pre-basic course. In addition, the board may certify = pre-basic=20 courses that may be conducted by other public or private training = entities,=20 including postsecondary educational = institutions.
    (g)=20 The board shall adopt rules under IC 4-22-2 to establish a = mandatory=20 inservice training program for police officers. After June 30, 1993, a = law=20 enforcement officer who has satisfactorily completed basic training and = has been=20 appointed to a law enforcement department or agency on either a = full-time or=20 part-time basis is not eligible for continued employment unless the = officer=20 satisfactorily completes the mandatory inservice training requirements=20 established by rules adopted by the board. Inservice training must = include=20 training in interacting with persons with mental illness, addictive = disorders,=20 mental retardation, and developmental disabilities, to be provided by = persons=20 approved by the secretary of family and social services and the board, = and=20 training concerning human and sexual trafficking. The board may approve = courses=20 offered by other public or private training entities, including = postsecondary=20 educational institutions, as necessary in order to ensure the = availability of an=20 adequate number of inservice training programs. The board may waive an = officer's=20 inservice training requirements if the board determines that the = officer's=20 reason for lacking the required amount of inservice training hours is = due to=20 either of the = following:
        (1)=20 An emergency = situation.
        (2)=20 The unavailability of courses.
    (h) The board = shall=20 also adopt rules establishing a town marshal basic training program, = subject to=20 the following:
        (1) = The=20 program must require fewer hours of instruction and class attendance and = fewer=20 courses of study than are required for the mandated basic training=20 program.
        (2) Certain = parts of=20 the course materials may be studied by a=20

candidate at the candidate's home in order to fulfill requirements of = the=20 program.
        (3) Law = enforcement=20 officers successfully completing the requirements of the program are = eligible=20 for appointment only in towns employing the town marshal system = (IC 36-5-7)=20 and having not more than one (1) marshal and two (2)=20 deputies.
        (4) The = limitation=20 imposed by subdivision (3) does not apply to an officer who has = successfully=20 completed the mandated basic training=20 program.
        (5) The time = limitations imposed by subsections (b) and (c) for completing the = training are=20 also applicable to the town marshal basic training=20 program.
    (i) The board shall adopt rules = under=20 IC 4-22-2 to establish an executive training program. The executive = training program must include training in the following=20 areas:
        (1)=20 Liability.
        (2) Media=20 relations.
        (3) = Accounting and=20 administration.
        (4)=20 Discipline.
        (5) = Department=20 policy making.
        (6) = Lawful use=20 of force.
        (7) = Department=20 programs.
        (8) = Emergency=20 vehicle = operation.
        (9)=20 Cultural diversity.
    (j) A police chief shall = apply=20 for admission to the executive training program within two (2) months of = the=20 date the police chief initially takes office. A police chief must = successfully=20 complete the executive training program within six (6) months of the = date the=20 police chief initially takes office. However, if space in the executive = training=20 program is not available at a time that will allow completion of the = executive=20 training program within six (6) months of the date the police chief = initially=20 takes office, the police chief must successfully complete the next = available=20 executive training program that is offered after the police chief = initially=20 takes office.
    (k) A police chief who fails to = comply=20 with subsection (j) may not continue to serve as the police chief until=20 completion of the executive training program. For the purposes of this=20 subsection and subsection (j), "police chief" refers=20 to:
        (1) the police = chief of=20 any city;
        (2) the = police=20 chief of any town having a metropolitan police department;=20 and
        (3) the chief of = a=20 consolidated law enforcement department=20

established under IC 36-3-1-5.1.
A town marshal is not = considered to=20 be a police chief for these purposes, but a town marshal may enroll in = the=20 executive training program.
    (l) A fire = investigator=20 in the division of fire and building safety appointed after December 31, = 1993,=20 is required to comply with the basic training standards established = under this=20 chapter.
    (m) The board shall adopt rules = under=20 IC 4-22-2 to establish a program to certify handgun safety courses, = including courses offered in the private sector, that meet standards = approved by=20 the board for training probation officers in handgun safety as required = by=20 IC 11-13-1-3.5(3).
    (n) The board shall = adopt=20 rules under IC 4-22-2 to establish a refresher course for an = officer=20 who:
        (1) is hired by = an=20 Indiana law enforcement department or agency as a law enforcement=20 officer;
        (2) has not = been=20 employed as a law enforcement officer for at least two (2) years and = less than=20 six (6) years before the officer is hired under subdivision (1) due to = the=20 officer's resignation or retirement;=20 and
        (3) completed at = any time=20 a basic training course certified by the board before the officer is = hired under=20 subdivision (1).
    (o) The board shall adopt = rules=20 under IC 4-22-2 to establish a refresher course for an officer=20 who:
        (1) is hired by = an=20 Indiana law enforcement department or agency as a law enforcement=20 officer;
        (2) has not = been=20 employed as a law enforcement officer for at least six (6) years and = less than=20 ten (10) years before the officer is hired under subdivision (1) due to = the=20 officer's resignation or=20 retirement;
        (3) is = hired=20 under subdivision (1) in an upper level policymaking position;=20 and
        (4) completed at = any time=20 a basic training course certified by the board before the officer is = hired under=20 subdivision (1).
A refresher course established under this subsection = may not=20 exceed one hundred twenty (120) hours of course work. All credit hours = received=20 for successfully completing the police chief executive training program = under=20 subsection (i) shall be applied toward the refresher course credit hour=20 requirements.
    (p) Subject to subsection (q), = an=20 officer to whom subsection (n) or (o) applies must successfully complete = the=20 refresher course described in subsection (n) or (o) not later than six = (6)=20 months after the officer's=20

date of hire, or the officer loses the officer's powers=20 of:
        (1)=20 arrest;
        (2) search;=20 and
        (3)=20 seizure.
    (q) A law enforcement officer who = has worked=20 as a law enforcement officer for less than twenty-five (25) years before = being=20 hired under subsection (n)(1) or (o)(1) is not eligible to attend the = refresher=20 course described in subsection (n) or (o) and must repeat the full basic = training course to regain law enforcement powers. However, a law = enforcement=20 officer who has worked as a law enforcement officer for at least = twenty-five=20 (25) years before being hired under subsection (n)(1) or (o)(1) and who=20 otherwise satisfies the requirements of subsection (n) or (o) is not = required to=20 repeat the full basic training course to regain law enforcement power = but shall=20 attend the refresher course described in subsection (n) or (o) and the = pre-basic=20 training course established under subsection = (f).
    (r)=20 This subsection applies only to a gaming agent employed as a law = enforcement=20 officer by the Indiana gaming commission. A gaming agent appointed after = June=20 30, 2005, may exercise the police powers described in subsection (d)=20 if:
        (1) the agent=20 successfully completes the pre-basic course established in subsection = (f);=20 and
        (2) the agent=20 successfully completes any other training courses established by the = Indiana=20 gaming commission in conjunction with the = board.
    (s)=20 This subsection applies only to a securities enforcement officer = designated as a=20 law enforcement officer by the securities commissioner. A securities = enforcement=20 officer may exercise the police powers described in subsection (d)=20 if:
        (1) the = securities=20 enforcement officer successfully completes the pre-basic course = established in=20 subsection (f); = and
        (2) the=20 securities enforcement officer successfully completes any other training = courses=20 established by the securities commissioner in conjunction with the=20 board.
    (t) As used in this section, "upper = level=20 policymaking position" refers to the=20 following:
        (1) If the = authorized size of the department or town marshal system is not more = than ten=20 (10) members, the term refers to the position held by the police chief = or town=20 marshal.
        (2) If the=20 authorized size of the department or town marshal system is more than = ten (10)=20 members but less than fifty-one (51) members, the term refers to:=20

            (= A) the=20 position held by the police chief or town marshal;=20 and
           = (B)=20 each position held by the members of the police department or town = marshal=20 system in the next rank and pay grade immediately below the police chief = or town=20 marshal.
        (3) If the=20 authorized size of the department or town marshal system is more than = fifty (50)=20 members, the term refers=20 to:
           = (A)=20 the position held by the police chief or town marshal;=20 and
           = (B)=20 each position held by the members of the police department or town = marshal=20 system in the next two (2) ranks and pay grades immediately below the = police=20 chief or town marshal.

SOURCE: IC 10-13-5-3; (09)SE0307.1.2. -->=20 SECTION 2. IC 10-13-5-3 IS AMENDED TO READ = AS=20 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. As used in this chapter,=20 "clearinghouse" refers to the Indiana clearinghouse for information on = missing=20 children and missing endangered adults established by section 5 = of this=20 chapter.

SOURCE: IC 10-13-5-4.3; (09)SE0307.1.3. -->=20 SECTION 3. IC 10-13-5-4.3 IS ADDED TO THE = INDIANA=20 CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, = 2009]:=20 Sec. 4.3. As used in this chapter, "missing endangered adult" means = an adult=20 who is a high risk missing person under the definition in=20 IC 5-2-17-1.

SOURCE: IC 10-13-5-4.6; (09)SE0307.1.4. -->=20     SECTION 4. IC 10-13-5-4.6 IS ADDED TO THE = INDIANA=20 CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, = 2009]:=20 Sec. 4.6. As used in this chapter, "silver alert program" means a = program=20 under which the clearinghouse transmits information about missing = endangered=20 adults to broadcasters=20 who:
        (1) have agreed = to=20 participate in the program;=20 and
        (2) immediately = and=20 repeatedly broadcast the information to the general public.

SOURCE: IC 10-13-5-5; (09)SE0307.1.5. -->=20 SECTION 5. IC 10-13-5-5 IS AMENDED TO READ = AS=20 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. The Indiana clearinghouse for=20 information on missing children and missing endangered adults is=20 established within the department.

SOURCE: IC 10-13-5-6; (09)SE0307.1.6. -->=20     SECTION 6. IC 10-13-5-6 IS AMENDED TO READ = AS=20 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) The superintendent shall = designate=20 staff responsible for the operation of the=20 clearinghouse.
    (b) The staff's duties include = the=20 following:
        (1) = Creation and=20 operation of an intrastate network of communication designed for the = speedy=20 collection and processing of information concerning missing children = and=20 missing endangered adults.=20

        (2) Creation and = operation of a=20 central data storage, retrieval, and information distribution system = designed=20 for the exchange of information on missing children and missing = endangered=20 adults within and outside Indiana. The system must be capable of = interacting=20 with:
          &nbs= p; (A)=20 the Indiana data and communication system under IC 10-13-3-35;=20 and
           = (B)=20 the National Crime Information=20 Center.
        (3) = Development of=20 appropriate forms for the reporting of missing children and missing=20 endangered adults that may be used by law enforcement agencies and = private=20 citizens to provide useful information about a missing child or a = missing=20 endangered adult to the=20 clearinghouse.
        (4)=20 Cooperation with the following agencies concerning the location of = missing=20 children and missing endangered=20 adults:
         &nbs= p;  (A)=20 State and local public and private nonprofit agencies involved with the = location=20 and recovery of missing=20 persons.
          &= nbsp; (B)=20 Agencies of the federal=20 government.
         &nbs= p;  (C)=20 State and local law enforcement agencies within and outside=20 Indiana.
        (5) = Coordinating=20 efforts to locate missing children and missing endangered adults = with the=20 agencies listed in subdivision=20 (4).
        (6) Operation of = the=20 toll free telephone line created under section 7(a) of this=20 chapter.
        (7) = Publishing and=20 updating, on a quarterly basis, a directory of missing children and = missing=20 endangered = adults.
        (8)=20 Compiling statistics on missing children and missing endangered adult = cases handled by the clearinghouse, including the number of cases = resolved=20 each year.

SOURCE: IC 10-13-5-7; (09)SE0307.1.7. -->=20     SECTION 7. IC 10-13-5-7 IS AMENDED TO READ = AS=20 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. (a) The clearinghouse shall do = the=20 following:
        (1) = Collect,=20 process, and maintain identification and investigative information to = aid in=20 finding missing children and missing endangered=20 adults.
        (2) = Establish a=20 statewide, toll free telephone line for ~~reports~~ the=20 reporting:
          = ;  (A)=20 of missing children and missing endangered adults;=20 and
           = (B)=20 of sightings of missing children and missing endangered=20 adults.
        (3) = Prescribe a=20 uniform reporting form concerning missing children and missing = endangered=20 adults for use by law=20

enforcement agencies within=20 Indiana.
        (4) Assist = in=20 training law enforcement and other professionals on issues relating to = missing=20 children and missing endangered=20 adults.
        (5) = Operate a=20 resource center of information regarding the prevention=20 of:
           = (A)=20 the abduction of children;=20 and
           = (B)=20 the sexual exploitation of=20 children.
        (6) = Distribute the=20 quarterly directory prepared under section 6(b)(7) of this chapter to = schools=20 and hospitals.
        (7) = Distribute=20 the quarterly directory described in subdivision (6) to child care = centers and=20 child care homes that make an annual contribution of four dollars ($4) = to the=20 clearinghouse. The contributions must be used to help defray the cost of = publishing the quarterly directory.
    (b) For a = missing=20 child who was born in Indiana, the clearinghouse shall notify the vital=20 statistics division of the state department of=20 health:
        (1) within = fifteen=20 (15) days after receiving a report under IC 31-36-1-3 (or = IC 31-6-13-4=20 before its repeal) of a missing child less than thirteen (13) years of = age;=20 and
        (2) promptly = after the=20 clearinghouse is notified that a missing child has been=20 found.
    (c) Upon receiving notification under=20 subsection (b) that a child is missing or has been found, the vital = statistics=20 division of the state department of health shall notify the local health = department or the health and hospital corporation that has jurisdiction = over the=20 area where the child was born.
    (d) = Information=20 collected, processed, or maintained by the clearinghouse under = subsection (a) is=20 confidential and is not subject to IC 5-14-3, but may be disclosed = by the=20 clearinghouse for purposes of locating missing children and missing=20 endangered adults.

SOURCE: IC 10-13-5-8; (09)SE0307.1.8. -->=20     SECTION 8. IC 10-13-5-8 IS AMENDED TO READ = AS=20 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) The clearinghouse=20 ~~may~~ shall operate an Amber alert program and = the=20 silver alert program.
    (b) Upon the = establishment=20 of an Amber alert program and the silver alert program, the = clearinghouse=20 may enter into an agreement with one (1) or more broadcasters to operate = the=20 Amber alert program and the silver alert program under this=20 chapter.
    (c) The superintendent shall = designate staff=20 responsible for the operation of the Amber alert program and the = silver alert=20 program.
    (d) The department shall adopt=20 guidelines governing the=20

clearinghouse's operation of the Amber alert program and the = silver alert=20 program. The department's guidelines may require that staff, upon = receiving=20 a report that a child has been abducted or an endangered adult is=20 missing, immediately send by facsimile (fax) transmission or other = means of=20 communication a description of the abducted child or missing = endangered adult=20 to one (1) or more broadcasters participating in the Amber alert = program=20 or the silver alert program. The guidelines must include criteria = that the=20 clearinghouse shall use in determining whether to issue a silver alert = and the=20 geographic area or region in which to issue the silver=20 alert.
    (e) A broadcaster participating in = the=20 Amber alert program or the silver alert program shall immediately = broadcast:
        (1) a = description=20 of the abducted child or missing endangered adult;=20 and
        (2) other = information=20 that will assist in locating the abducted child or missing endangered = adult;
to the general public in accordance with the Amber alert = plan=20 agreement or the silver alert plan agreement between the = clearinghouse=20 and the broadcaster.
    (f) The department shall = adopt=20 guidelines governing the voluntary Amber alert program agreement and = the=20 voluntary silver alert program agreement between the clearinghouse = and a=20 broadcaster. The voluntary ~~agreement~~ agreements = between=20 the clearinghouse and the broadcaster may include the following=20 provisions:
        (1) Upon=20 receiving a notification as part of the Amber alert program or the = silver=20 alert program, the broadcaster shall broadcast the information = contained on=20 the notice on an intermittent basis for a period of time as provided in = the=20 ~~agreement~~ agreements between the clearinghouse = and the=20 broadcaster.
        (2) The=20 broadcaster shall treat the Amber alert notification or the silver = alert=20 notification as an=20 emergency.
        (3) The=20 broadcaster shall ensure that the facsimile (fax) transmission machine = or other=20 communications device used to receive an Amber alert notification or = a silver=20 alert notification=20 is:
          &n= bsp; (A)=20 generally available to receive an Amber alert notification or a = silver alert=20 notification;=20 and
           = (B)=20 located such that the broadcaster will immediately become aware of an = incoming=20 Amber alert notification or silver alert notification.=20

SOURCE: IC 10-13-5-8.1; (09)SE0307.1.9. -->=20     SECTION 9. IC 10-13-5-8.1, AS ADDED BY = P.L.66-2007,=20 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. = 8.1. (a)=20 In addition to an agreement with a broadcaster under section 8 of this = chapter,=20 the clearinghouse may enter into an agreement with one (1) or more = electronic=20 billboard operators to display Amber alerts or silver alerts = under this=20 section. An agreement under this section may include a limitation on the = days=20 and times that the electronic billboard operator is required to have = staff=20 present to receive an Amber alert or a silver alert=20 notification.
    (b) The department's = guidelines=20 adopted under section 8 of this chapter may require staff, upon = receiving a=20 report that a child has been abducted or an endangered adult is = missing,=20 to immediately send by facsimile (fax) transmission or other means of=20 communication a description of the abducted child or missing = endangered adult=20 to one (1) or more electronic billboard operators participating in = the Amber=20 alert program or silver alert program if the Amber alert or = silver=20 alert occurs during a period when the electronic billboard operator = has=20 agreed to have staff present to receive an Amber alert notification = or a=20 silver alert notification.
    (c) An = electronic=20 billboard operator participating in the Amber alert program or silver = alert=20 program shall immediately=20 display:
        (1) a = description of=20 the abducted child or missing endangered adult;=20 and
        (2) other = information=20 that will assist in locating the abducted child or missing endangered = adult;
to the general public in accordance with the Amber alert = plan=20 agreement or silver alert plan agreement between the = clearinghouse and=20 the electronic billboard operator.
    (d) The = department=20 shall adopt guidelines governing the voluntary Amber alert program = and the=20 voluntary silver alert program ~~agreement~~ = agreements=20 between the clearinghouse and an electronic billboard operator. The = voluntary=20 ~~agreement~~ agreements between the clearinghouse = and the=20 electronic billboard operator may include the following=20 provisions:
        (1) Upon=20 receiving a notification as part of the Amber alert program or the = silver=20 alert program, the electronic billboard operator shall display the=20 information contained in the notice on an intermittent basis for a = period of=20 time as provided in the ~~agreement~~ agreements = between the=20 clearinghouse and the electronic billboard=20 operator.
        (2) The = electronic=20 billboard operator shall treat the Amber alert notification or the = silver=20 alert notification as an emergency.=20

        (3) The electronic = billboard=20 operator shall ensure that the facsimile (fax) transmission machine or = other=20 communications device used to receive an Amber alert notification or = a silver=20 alert notification=20 is:
          &n= bsp; (A)=20 generally available to receive an Amber alert notification or a = silver alert=20 notification;=20 and
          &n= bsp; (B)=20 located such that the electronic billboard operator will immediately = become=20 aware of an incoming Amber alert notification or a silver alert = notification=20 received during days and times when staff is present to receive an = Amber=20 alert notification or a silver alert notification.

SOURCE: IC 10-13-5-8.5; (09)SE0307.1.10. -->=20     SECTION 10. IC 10-13-5-8.5, AS AMENDED BY=20 P.L.66-2007, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, = 2009]:=20 Sec. 8.5. (a) A broadcaster or electronic billboard operator that has = agreed to=20 participate in the Amber alert program or silver alert program = and=20 that:
        (1) receives an = Amber=20 alert notification or a silver alert notification from the = department;=20 and
        (2) broadcasts or = displays:
          =   (A)=20 a description of the abducted child or missing endangered adult = contained=20 in the notification;=20 and
           = (B)=20 other information contained in the notification that will assist in = locating the=20 child or missing endangered adult;
is immune from civil = liability=20 based on the broadcast or display of the information received from the=20 department.
    (b)=20 If:
        (1) a person = enters into=20 an agreement with the department to establish or maintain an Amber alert = web=20 site or a silver alert web site;=20 and
        (2) the = agreement=20 provides that only the department has the ability to place information = on the=20 web site;
the person is immune from civil liability for the = information=20 placed on the web site by the department. However, this subsection does = not=20 affect the applicability of IC 34-13-3 to the department.

SOURCE: IC 10-13-5-12; (09)SE0307.1.11. -->=20 SECTION 11. IC 10-13-5-12 IS ADDED TO THE = INDIANA=20 CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, = 2009]:=20 Sec. 12. This chapter does not authorize the use of the federal = emergency=20 alert system unless otherwise authorized by federal law.

SOURCE: IC 12-10-18-3; (09)SE0307.1.12. -->=20 SECTION 12. IC 12-10-18-3, AS ADDED BY=20 P.L.140-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY = 1, 2009]:=20 Sec. 3. (a) Upon completion of the report described by=20

section 1 of this chapter, if the law enforcement agency has reason = to=20 believe that public notification may assist in locating the missing = endangered=20 adult, the law enforcement agency may immediately forward the contents = of the=20 report to:
        (1) all = law=20 enforcement agencies that have jurisdiction in the location where the = missing=20 endangered adult lives and all law enforcement agencies that have = jurisdiction=20 in the location where the missing endangered adult was last=20 seen;
        (2) all law = enforcement=20 agencies to which the person who made the notification concerning the = missing=20 endangered adult requests the report be sent, if the law enforcement = agency=20 determines that the request is reasonable in light of the information=20 received;
        (3) all law = enforcement agencies that request a copy of the=20 report;
        (4) one (1) = or more=20 broadcasters that broadcast in an area where the missing endangered = adult may be=20 located;
        (5) the = Indiana data=20 and communication system (IDACS);=20 ~~and~~
        (= 6) the=20 National Crime Information Center's Missing Person File, if appropriate; = and
        (7) the = Indiana=20 clearinghouse for information on children and missing endangered adults=20 established by IC 10-13-5-5, to disseminate information concerning = the=20 missing endangered adult to be broadcast as part of the silver alert=20 program.
    (b) Upon completion of the = report=20 described by section 1 of this chapter, a law enforcement agency may = forward a=20 copy of the contents of the report to one (1) or more newspapers = distributed in=20 an area where the missing endangered adult may be=20 located.
    (c) After forwarding the contents of = the=20 report to a broadcaster or newspaper under this section, the law = enforcement=20 agency may request that the broadcaster or=20 newspaper:
        (1) notify = the=20 public that there is an endangered adult medical alert;=20 and
        (2) broadcast or=20 publish:
          &= nbsp; (A)=20 a description of the missing endangered adult;=20 and
           = (B)=20 any other relevant information that would assist in locating the missing = endangered adult.
    (d) A broadcaster or = newspaper that=20 receives a request concerning a missing endangered adult under = subsection (c)=20 may, at the discretion of the broadcaster or=20 newspaper:
        (1) notify = the=20 public that there is an endangered adult medical alert;=20 and
        (2) broadcast or=20 publish:
          &= nbsp; (A)=20 a description of the missing endangered adult; and=20

(= B) any=20 other relevant information that would assist in locating the missing = endangered=20 adult.

SOURCE: IC 12-17.2-2-1.5; (09)SE0307.1.13. -->=20     SECTION 13. IC 12-17.2-2-1.5, AS AMENDED BY = P.L.145-2006, SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY = 1,=20 2009]: Sec. 1.5. (a) The division shall require all child care centers = or child=20 care homes to submit a report containing the names and birth dates of = all=20 children who are enrolled in the child care center or child care home = within=20 three (3) months from the date the child care center or child care home = accepts=20 its first child, upon receiving the consent of the child's parent, = guardian, or=20 custodian as required under subsection (b). The division shall require = all child=20 care centers and child care homes that receive written consent as = described=20 under subsection (b) to submit a monthly report of the name and birth = date of=20 each additional child who has been enrolled in or withdrawn from the = child care=20 center or child care home during the preceding thirty (30)=20 days.
    (b) The division shall require all = child care=20 centers or child care homes to request whether the child's parent, = guardian, or=20 custodian desires the center or home to include the child's name and = birth date=20 in the reports described under subsection (a) before enrolling the child = in the=20 center or home. No child's name or birth date may be included on the = report=20 required under subsection (a) without the signed consent of the child's = parent,=20 guardian, or custodian. The consent form must be in the following=20 form:
        "I give my = permission=20 for _____________________ (name of day care center or home) to report = the name=20 and birth date of my child or children to the division of family = resources=20 pursuant to=20 IC 12-17.2-2-1.5.
        = ;Name=20 of child=20 ____________________________________
     &nb= sp;  Birth=20 date=20 _______________________________________
     =    Signature=20 of parent, guardian, or=20 custodian
        ____________= ___________________________________
     &nbs= p;  Date=20 ____________________________________________".
    = ;(c)=20 The division shall submit a monthly report of the information provided = under=20 subsection (a) to the Indiana clearinghouse for information on = missing=20 children and missing endangered adults established under=20 IC 10-13-5.
    (d) The division shall = require that=20 a person who transports children who are in the care of the child care = center on=20 a public highway (as defined in IC 9-25-2-4) within or outside = Indiana in a=20 vehicle designed and constructed for the accommodation of more than ten = (10)=20 passengers must comply with the same requirements set forth in=20

IC 20-27-9-12 for a public elementary or secondary school or a = preschool=20 operated by a school corporation.

SOURCE: IC 12-17.2-4-18.5; (09)SE0307.1.14. -->=20     SECTION 14. IC 12-17.2-4-18.5 IS AMENDED TO = READ AS=20 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 18.5. (a) Upon receiving a report = under=20 IC 31-36-1-4, a child care center shall thoroughly inspect the = report. If=20 the child care center finds that a child on the report required under=20 IC 31-36-1-4 is enrolled at the child care center, the child care = center=20 shall immediately notify the Indiana clearinghouse for information on = missing=20 children and missing endangered=20 adults.
    (b) Upon receiving a report under = IC 31-36-1-4, a child care center shall attach a notice to the = child's=20 enrollment records stating that the child has been reported missing. The = child=20 care center shall remove the notice when the center is notified under=20 IC 31-36-2-6 that the child has been = found.
    (c)=20 If a request for the enrollment records of a missing child is received, = the=20 child care center = shall:
        (1)=20 obtain:
          &n= bsp; (A)=20 the name, address, and telephone number of the person making the = request;=20 and
           = (B)=20 the reason that the person is requesting the school records;=20 and
        (2) immediately = notify=20 the Indiana clearinghouse for information on missing children and = missing=20 endangered adults.
    (d) The child care = center may=20 not issue a copy of the enrollment records of a child reported missing = without=20 authorization from the Indiana clearinghouse for information on missing = children=20 and missing endangered adults and may not inform the person = making the=20 request that a notice that the child has been reported missing has been = attached=20 to the child's records.

SOURCE: IC 12-17.2-5-18.6; (09)SE0307.1.15. -->=20 SECTION 15. IC 12-17.2-5-18.6 IS AMENDED TO = READ AS=20 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 18.6. (a) Upon receiving a report = under=20 IC 31-36-1-4, a child care home shall thoroughly inspect the = report. If the=20 child care home finds that a child on the report required under=20 IC 31-36-1-4 is enrolled at the child care home, the child care = home shall=20 immediately notify the Indiana clearinghouse for information on missing = children=20 and missing endangered adults.
(b) = Upon=20 receiving a report under IC 31-36-1-4, a child care home shall = attach a=20 notice to the child's enrollment records stating that the child has been = reported missing. The child care home shall remove the notice when the = center is=20 notified under IC 31-36-2-6 that the child has=20

been found.
    (c) If a request for the = enrollment=20 records of a missing child is received, the child care home=20 shall:
        (1)=20 obtain:
          &n= bsp; (A)=20 the name, address, and telephone number of the person making the = request;=20 and
           = (B)=20 the reason that the person is requesting the school records;=20 and
        (2) immediately = notify=20 the Indiana clearinghouse for information on missing children and = missing=20 endangered adults.
    (d) The child care = home may=20 not issue a copy of the enrollment records of a child reported missing = without=20 authorization from the Indiana clearinghouse for information on missing = children=20 and missing endangered adults and may not inform the person = making the=20 request that a notice that the child has been reported missing has been = attached=20 to the child's records.

SOURCE: IC 16-37-1-8; (09)SE0307.1.16. -->=20     SECTION 16. IC 16-37-1-8, AS AMENDED BY=20 P.L.123-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY = 1, 2009]:=20 Sec. 8. (a) Except as provided in subsection (c), a local health officer = shall=20 provide a certification of birth, death, or stillbirth registration upon = request=20 by any person only = if:
        (1)=20 the health officer is satisfied that the applicant has a direct interest = in the=20 matter;
        (2) the = health=20 officer determines that the certificate is necessary for the = determination of=20 personal or property rights or for compliance with state or federal law; = and
        (3) the applicant = for a=20 birth certificate presents at least one (1) form of = identification.
However,=20 the local health officer must issue a certificate of an applicant's own = birth=20 registration.
    (b) A local health officer's = decision=20 whether or not to issue a certified copy of a birth certificate is = subject to=20 review by a court.
    (c) A local health officer = may not=20 issue a copy of a birth certificate of a missing child to which a notice = has=20 been attached under IC 10-13-5-11 without the authorization of the = Indiana=20 clearinghouse for information on missing children and missing = endangered=20 adults.
    (d) Upon determination that a = person may=20 be provided a certification of death under subsection (a), the local = health=20 officer shall provide to the person a certification of death that = excludes=20 information concerning the cause of death if the person requests the = exclusion=20 of this information.

SOURCE: IC 20-26-13-10; (09)SE0307.1.17. -->=20 SECTION 17. IC 20-26-13-10, AS AMENDED BY=20 P.L.45-2008,=20

SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: = Sec. 10.=20 Except as provided in section 11 of this chapter, the four (4) year = graduation=20 rate for a cohort in a high school is the percentage determined under = STEP FIVE=20 of the following=20 formula:
        STEP ONE: = Determine=20 the grade 9 enrollment at the beginning of the reporting year three (3) = years=20 before the reporting year for which the graduation rate is being=20 determined.
        STEP TWO: = Add:
           = ; (A)=20 the number determined under STEP ONE;=20 and
           = (B)=20 the number of students=20 who:
           = ;     (i)=20 have enrolled in the high school after the date on which the number = determined=20 under STEP ONE was determined;=20 and
           =      (ii)=20 have the same expected graduation year as the=20 cohort.
        STEP THREE: = Subtract=20 from the sum determined under STEP TWO the number of students who have = left the=20 cohort for any of the following=20 reasons:
          &= nbsp; (A)=20 Transfer to another public or nonpublic=20 school.
          &n= bsp; (B)=20 Removal by the student's parents under IC 20-33-2-28 to provide = instruction=20 equivalent to that given in the public=20 schools.
          &= nbsp; (C)=20 Withdrawal because of a long term medical condition or=20 death.
          &nb= sp; (D)=20 Detention by a law enforcement agency or the department of=20 correction.
         &nbs= p;  (E)=20 Placement by a court order or the department of child=20 services.
          =   (F)=20 Enrollment in a virtual=20 school.
          &n= bsp; (G)=20 Leaving school, if the student attended school in Indiana for less than = one (1)=20 school year and the location of the student cannot be=20 determined.
         &nbs= p;  (H)=20 Leaving school, if the location of the student cannot be determined and = the=20 student has been reported to the Indiana clearinghouse for information = on=20 missing children and missing endangered=20 adults.
         &nbs= p;  (I)=20 Withdrawing from school before graduation, if the student is a high = ability=20 student (as defined in IC 20-36-1-3) who is a full-time student at = an=20 accredited institution of higher education during the semester in which = the=20 cohort = graduates.
        STEP FOUR: = Determine the total number of students determined under STEP TWO who = have=20 graduated during the current=20

reporting year or a previous reporting=20 year.
        STEP FIVE:=20 Divide:
          &n= bsp; (A)=20 the number determined under STEP FOUR;=20 by
           &= nbsp;(B)=20 the remainder determined under STEP THREE.

SOURCE: IC 20-33-2-10; (09)SE0307.1.18. -->=20     SECTION 18. IC 20-33-2-10, AS ADDED BY = P.L.1-2005,=20 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. = 10. (a)=20 Each public school shall and each private school may require a student = who=20 initially enrolls in the school to=20 provide:
        (1) the name = and=20 address of the school the student last attended;=20 and
        (2) a certified = copy of=20 the student's birth certificate or other reliable proof of the student's = date of=20 birth.
    (b) Not more than fourteen (14) days = after=20 initial enrollment in a school, the school shall request the student's = records=20 from the school the student last = attended.
    (c) If the=20 document described in subsection=20 (a)(2):
        (1) is not = provided=20 to the school not more than thirty (30) days after the student's = enrollment;=20 or
        (2) appears to be=20 inaccurate or fraudulent;
the school shall notify the Indiana = clearinghouse=20 for information on missing children and missing endangered adults=20 established under IC 10-13-5-5 and determine if the student has = been=20 reported missing.
    (d) A school in Indiana = receiving a=20 request for records shall send the records promptly to the requesting = school.=20 However, if a request is received for records to which a notice has been = attached under IC 31-36-1-5 (or IC 31-6-13-6 before its = repeal), the=20 school:
        (1) shall = immediately=20 notify the Indiana clearinghouse for information on missing children = and=20 missing endangered=20 adults;
        (2) may = not send=20 the school records without the authorization of the clearinghouse;=20 and
        (3) may not = inform the=20 requesting school that a notice under IC 31-36-1-5 (or = IC 31-6-13-6=20 before its repeal) has been attached to the records.

SOURCE: IC 31-34-2-5; (09)SE0307.1.19. -->=20     SECTION 19. IC 31-34-2-5 IS AMENDED TO READ = AS=20 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. If a child in need of services = is a=20 missing child and is taken into custody under a court order, the person = taking=20 the child into custody shall do the=20 following:
        (1) Take = the child=20 to a place designated in the=20 order.
        (2) Give = notice to the=20 following that the child has been taken into custody:=20

(= A) The=20 child's legal=20 custodian.
= ; (B)=20 The clearinghouse for information on missing children and missing = endangered=20 adults established by IC 10-13-5.

SOURCE: IC 31-34-2.5-2; (09)SE0307.1.20. -->=20     SECTION 20. IC 31-34-2.5-2, AS AMENDED BY=20 P.L.234-2005, SECTION 169, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY = 1,=20 2009]: Sec. 2. (a) Immediately after an emergency medical services = provider=20 takes custody of a child under section 1 of this chapter, the provider = shall=20 notify the department of child services that the provider has taken = custody of=20 the child.
    (b) The department of child = services=20 shall:
        (1) assume the = care,=20 control, and custody of the child immediately after receiving notice = under=20 subsection (a); = and
        (2) not=20 later than forty-eight (48) hours after the department of child services = has=20 taken custody of the child, contact the Indiana clearinghouse for = information on=20 missing children and missing endangered adults established by=20 IC 10-13-5-5 to determine if the child has been reported = missing.

SOURCE: IC 31-36-1-3; (09)SE0307.1.21. -->=20     SECTION 21. IC 31-36-1-3 IS AMENDED TO READ = AS=20 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. Upon completion of the report = required=20 by section 1 of this chapter, the law enforcement agency shall = immediately=20 forward the contents of the report=20 to:
        (1) all law = enforcement=20 agencies that have jurisdiction of the location in which the missing = child lives=20 and all law enforcement agencies that have jurisdiction of the location = in which=20 the missing child was last=20 seen;
        (2) all law = enforcement=20 agencies to which the person who provided notification requests the = report be=20 sent, if the law enforcement agency determines that the request is = reasonable in=20 light of the information contained in the=20 report;
        (3) all law=20 enforcement agencies that request a copy of the=20 report;
        (4) the = Indiana=20 clearinghouse for information on missing children and missing = endangered=20 adults established by=20 IC 10-13-5;
        (5) = the=20 Indiana data and communication system (IDACS);=20 and
        (6) the National = Crime=20 Information Center's Missing Person File.

SOURCE: IC 31-36-1-5; (09)SE0307.1.22. -->=20 SECTION 22. IC 31-36-1-5 IS AMENDED TO READ = AS=20 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) Upon receiving a report = under=20 section 4 of this chapter, a school shall attach a notice to the child's = school=20 records stating that the child has been reported missing. The school = shall=20 remove the notice when the school is notified under IC 31-36-2-6 = that the=20 child has been found.
(b) If a request for = the school=20 records of a missing child is received, the school shall:=20

        (1)=20 obtain:
          &n= bsp; (A)=20 the name, address, and telephone number of the person making the = request;=20 and
           = (B)=20 the reason that the person is requesting the school records;=20 and
        (2) immediately = notify=20 the Indiana clearinghouse for information on missing children and = missing=20 endangered adults.
    (c) The school may not = issue a=20 copy of school records without authorization from the Indiana = clearinghouse for=20 information on missing children and missing endangered adults and = may not=20 inform the person making the request that a notice that the child has = been=20 reported missing has been attached to the child's records.

SOURCE: IC 31-36-2-2; (09)SE0307.1.23. -->=20     SECTION 23. IC 31-36-2-2 IS AMENDED TO READ = AS=20 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. A law enforcement agency = involved in=20 the investigation of a missing child shall do the=20 following:
        (1) Update = the=20 initial report filed by the agency that received notification of the = missing=20 child upon the discovery of new information concerning the=20 investigation.
        (2) = Forward=20 the updated report to the agencies and organizations listed in=20 IC 31-36-1-3.
        (3)= Search=20 the National Crime Information Center's Wanted Person File for reports = of arrest=20 warrants issued for persons who allegedly abducted or unlawfully = retained=20 children and compare these reports to the missing child's National Crime = Information Center's Missing Person=20 File.
        (4) Notify all = law=20 enforcement agencies involved in the investigation, the Indiana = clearinghouse=20 for information on missing children and missing endangered adults, = and=20 the National Crime Information Center when the missing child is = located.

SOURCE: IC 34-30-2-35.7; (09)SE0307.1.24. -->=20 SECTION 24. IC 34-30-2-35.7, AS AMENDED BY=20 P.L.66-2007, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, = 2009]:=20 Sec. 35.7. IC 10-13-5-8.5 (Concerning a broadcaster who broadcasts = or an=20 electronic billboard operator who displays an Amber alert notification = or a=20 silver alert notification and a person who establishes or maintains = an Amber=20 alert web site or a silver alert web site under an agreement with = the=20 state police department).

SOURCE: ; (09)SE0307.1.25. -->=20 SECTION 25. [EFFECTIVE JULY 1, 2009] (a) As = used in=20 this SECTION, "commission" refers to the health finance commission = established=20 by IC 2-5-23-3.
(b) The commission shall = study=20 during the 2009 interim whether=20

Indiana should require an endangered adult (as defined in=20 IC 12-10-3-2(a)) to wear an electronic device to assist with = locating the=20 endangered adult if the endangered adult is lost or=20 missing.
(c) This SECTION expires = December=20 31, 2009.

SEA 307 _ Concur

Figure
Graphic file number 0 named seal1001.pcx with = height=20 58 p and width 72 p Left aligned=20