Indiana House Bill 1264 (Prior Session Legislation)

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Spectrum: Slight Partisan Bill (Republican 2-1)
Status: Introduced on January 10 2019 - 25% progression, died in committee
Action: 2019-01-10 - First reading: referred to Committee on Public Health
Pending: House Public Health Committee
Text: Latest bill text (Introduced) [PDF]

Fertility fraud. Provides that a physician who treats a patient of that physician for infertility: (1) by using the physician's own spermatozoon or ovum, without the patient's consent; or (2) by using donated human reproductive material without the consent of the donor; commits fertility fraud, a Level 6 felony. Provides that a prosecution for criminal fertility fraud that would otherwise be barred by the statute of limitations may be brought not later than five years after the earliest of the date on which: (1) the state first discovers evidence sufficient to charge the offender with the offense through DNA analysis; (2) the state first becomes aware of the existence of a recording that provides evidence sufficient to charge the offender with the offense; or (3) a person confesses to the offense. Establishes a cause of action for civil fertility fraud and provides that a prevailing plaintiff may be awarded actual damages or liquidated damages of $10,000. Specifies that the statute of limitations for civil fertility fraud is 10 years from the eighteenth birthday of the child, or not later than five years after the earliest of the date on which: (1) the person first discovers evidence sufficient to bring an action against the defendant through DNA analysis; (2) the person first becomes aware of the existence of a recording that provides evidence sufficient to bring an action against the defendant; or (3) the defendant confesses to the offense.

Fertility fraud. Provides that a physician who treats a patient of that physician for infertility: (1) by using the physician's own spermatozoon or ovum, without the patient's consent; or (2) by using donated human reproductive material without the consent of the donor; commits fertility fraud, a Level 6 felony. Provides that a prosecution for criminal fertility fraud that would otherwise be barred by the statute of limitations may be brought not later than five years after the earliest of the date on which: (1) the state first discovers evidence sufficient to charge the offender with the offense through DNA analysis; (2) the state first becomes aware of the existence of a recording that provides evidence sufficient to charge the offender with the offense; or (3) a person confesses to the offense. Establishes a cause of action for civil fertility fraud and provides that a prevailing plaintiff may be awarded actual damages or liquidated damages of $10,000. Specifies that the statute of limitations for civil fertility fraud is 10 years from the eighteenth birthday of the child, or not later than five years after the earliest of the date on which: (1) the person first discovers evidence sufficient to bring an action against the defendant through DNA analysis; (2) the person first becomes aware of the existence of a recording that provides evidence sufficient to bring an action against the defendant; or (3) the defendant confesses to the offense.

Rep. Jim Pressel [R]

Rep. Donna Schaibley [R]

Rep. Edward DeLaney [D]

Date	Chamber	Action
2019-01-10	House	First reading: referred to Committee on Public Health
2019-01-10	House	Coauthored by Representatives Schaibley and DeLaney
2019-01-10	House	Authored by Representative Pressel

Type	Source
Summary	https://iga.in.gov/legislative/2019/bills/house/1264/details
Text	http://iga.in.gov/static-documents/f/b/7/6/fb76521b/HB1264.01.INTR.pdf