Indiana House Bill 1363 (Prior Session Legislation)

---

Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: Passed on March 18 2022 - 100% progression
Action: 2022-03-18 - Public Law 172
Text: Latest bill text (Enrolled) [PDF]

Department of child services matters. Repeals provisions under which certain parties may file a petition during a child in need of services proceeding to require a parent, guardian, or custodian of the child to participate in a program of care, treatment, or rehabilitation for the child. Provides that a party that receives notice of a motion filed by the department of child services (department) to change the out-of-home placement of a child has ten days (rather then 15 days, under current law) to file a written objection and initiate a hearing regarding the motion. Requires the department to file a motion with a juvenile court in order to change the out-of-home placement of a child who: (1) has been in the same out-of-home placement for one year or more; and (2) is in a foster family home or in the care of a relative. Allows the person with whom a child is placed to waive the person's right to contest a motion filed by the department to change the child's placement, and allows the juvenile court to make an expedited ruling on the motion if the court is provided with written notice of the person's waiver. Provides that a child is a child in need of services if the child is a victim of certain offenses committed by a parent, guardian, or custodian of the child. Provides for a defense to prosecution for possession of child pornography for: (1) a department employee acting within the scope of the employee's duties; and (2) an attorney acting in the attorney's capacity as legal counsel for a client. Specifies that costs paid from COVID-19 federal stimulus funds may not be disallowed when setting rates for 2023.Provides that a person who knowingly or intentionally produces, disseminates, or possesses with intent to disseminate an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of child exploitation. Provides that a person who, with intent to view the image, knowingly or intentionally possesses or accesses an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of possession of child pornography. Specifies that it is not a required element of the offense of child exploitation or possession of child pornography that the child depicted actually exists under certain circumstances. Defines "image". Provides for a defense to prosecution for possession of child pornography for: (1) a department of child services employee acting within the scope of the employee's duties; and (2) an attorney acting in the attorney's capacity as legal counsel for a client. Makes conforming changes.

Department of child services matters.

Rep. John Young [R]

Sen. Greg Walker [R]

Sen. Eric Koch [R]

Sen. Lonnie Randolph [D]

2022-03-08 - House - House - House reconsidered and concurred in Senate amendments (Y: 86 N: 0 NV: 1 Abs: 13) [PASS]
2022-03-01 - Senate - Senate - Third reading (Y: 46 N: 2 NV: 1 Abs: 1) [PASS]
2022-02-16 - Senate - Senate - Committee Vote (Y: 7 N: 1 NV: 0 Abs: 1) [PASS]
2022-01-31 - House - House - Third reading (Y: 94 N: 0 NV: 2 Abs: 4) [PASS]
2022-01-24 - House - House - Committee Vote (Y: 12 N: 0 NV: 0 Abs: 1) [PASS]

Date	Chamber	Action
2022-03-18	House	Public Law 172
2022-03-18	House	Signed by the Governor
2022-03-15	Senate	Signed by the President of the Senate
2022-03-09	Senate	Signed by the President Pro Tempore
2022-03-09	House	Signed by the Speaker
2022-03-08	House	House reconsidered and concurred in Senate amendments; Roll Call 368: yeas 86, nays 0
2022-03-08	House	Motion to concur filed
2022-03-03	Senate	Senate advisors appointed: Koch and Randolph Lonnie M
2022-03-03	Senate	Senate conferees appointed: Walker G and Pol
2022-03-03	House	House advisors appointed: DeVon, Lauer, Hamilton and Hatfield
2022-03-03	House	House conferees appointed: Young J and Summers
2022-03-03	House	House dissented from Senate amendments
2022-03-03	House	Motion to dissent filed
2022-03-02	Senate	Returned to the House with amendments
2022-03-01	Senate	Third reading: passed; Roll Call 313: yeas 46, nays 2
2022-02-28	Senate	Amendment #8 (Pol) prevailed; voice vote
2022-02-28	Senate	Amendment #5 (Young M) prevailed; voice vote
2022-02-28	Senate	Amendment #2 (Walker G) prevailed; voice vote
2022-02-28	Senate	Amendment #9 (Brown L) prevailed; voice vote
2022-02-28	Senate	Second reading: amended, ordered engrossed
2022-02-28	Senate	Senator Randolph added as cosponsor
2022-02-17	Senate	Committee report: amend do pass, adopted
2022-02-10	Senate	First reading: referred to Committee on Judiciary
2022-02-01	House	Referred to the Senate
2022-01-31	House	Senate sponsors: Senators Walker G and Koch
2022-01-31	House	Third reading: passed; Roll Call 152: yeas 94, nays 0
2022-01-27	House	Second reading: ordered engrossed
2022-01-25	House	Committee report: amend do pass, adopted
2022-01-20	House	Reassigned to Committee on Family, Children and Human Affairs
2022-01-11	House	First reading: referred to Committee on Judiciary
2022-01-11	House	Authored by Representative Young J

Type	Source
Summary	https://iga.in.gov/legislative/2022/bills/house/1363/details
Text	http://iga.in.gov/static-documents/8/8/5/b/885b5645/HB1363.01.INTR.pdf
Text	http://iga.in.gov/static-documents/5/e/1/a/5e1a9d8b/HB1363.02.COMH.pdf
Text	http://iga.in.gov/static-documents/7/2/e/9/72e94ff0/HB1363.02.COMH.pdf
Text	http://iga.in.gov/static-documents/0/8/f/7/08f74f23/HB1363.03.COMS.pdf
Text	http://iga.in.gov/static-documents/0/a/b/1/0ab1b3cd/HB1363.03.COMS.pdf
Text	http://iga.in.gov/static-documents/d/6/f/8/d6f85b20/HB1363.04.ENGS.pdf
Text	http://iga.in.gov/static-documents/2/7/a/6/27a61b35/HB1363.04.ENGS.pdf
Text	http://iga.in.gov/static-documents/6/3/9/a/639a3c11/HB1363.05.ENRS.pdf
Amendment	http://iga.in.gov/static-documents/9/3/c/0/93c071fc/HB1363.03.COMS.AMS001.pdf
Amendment	http://iga.in.gov/static-documents/6/c/b/9/6cb9365b/HB1363.03.COMS.AMS002.pdf
Amendment	http://iga.in.gov/static-documents/6/6/b/a/66ba6da2/HB1363.03.COMS.AMS003.pdf
Amendment	http://iga.in.gov/static-documents/7/c/c/d/7ccd8d9b/HB1363.03.COMS.AMS004.pdf
Amendment	http://iga.in.gov/static-documents/3/9/f/1/39f115eb/HB1363.03.COMS.AMS005.pdf
Amendment	http://iga.in.gov/static-documents/e/b/a/0/eba0bffe/HB1363.03.COMS.AMS006.pdf
Amendment	http://iga.in.gov/static-documents/0/6/c/9/06c90217/HB1363.03.COMS.AMS007.pdf
Amendment	http://iga.in.gov/static-documents/d/7/1/4/d7143b3c/HB1363.03.COMS.AMS008.pdf
Amendment	http://iga.in.gov/static-documents/9/1/a/a/91aa7bd4/HB1363.03.COMS.AMS009.pdf
Supplement	http://iga.in.gov/static-documents/4/3/0/1/4301bc56/HB1363.01.INTR.FN001.pdf
Supplement	http://iga.in.gov/static-documents/2/b/5/9/2b594ddd/HB1363.01.INTR.CRH001.pdf
Supplement	http://iga.in.gov/static-documents/6/6/f/6/66f69a37/HB1363.02.COMH.FN001.pdf
Supplement	http://iga.in.gov/static-documents/8/f/5/b/8f5b3720/HB1363.02.COMH.FN002.pdf
Supplement	http://iga.in.gov/static-documents/4/2/7/f/427f43a8/HB1363.02.COMH.FN003.pdf
Supplement	http://iga.in.gov/static-documents/f/c/3/c/fc3c35ee/HB1363.02.COMH.CRS001.pdf
Supplement	http://iga.in.gov/static-documents/c/4/8/7/c487f860/HB1363.03.COMS.FN001.pdf
Supplement	http://iga.in.gov/static-documents/d/1/9/1/d191ef55/HB1363.04.ENGS.FN001.pdf
Supplement	http://iga.in.gov/static-documents/3/b/a/e/3bae1e05/HB1363.04.ENGS.FN002.pdf
Supplement	http://iga.in.gov/static-documents/d/8/2/2/d8220366/HB1363.04.ENGS.DIS01.pdf
Supplement	http://iga.in.gov/static-documents/c/e/8/b/ce8b984a/HB1363.04.ENGS.CON01.pdf
Supplement	http://iga.in.gov/static-documents/9/0/2/8/9028c2df/HB1363.05.ENRS.FN001.pdf
Roll Call	http://iga.in.gov/static-documents/b/8/c/7/b8c7c732/HB1363.01.INTR.01.pdf
Roll Call	http://iga.in.gov/static-documents/1/3/b/8/13b884c5/HB1363.152_H.pdf
Roll Call	http://iga.in.gov/static-documents/d/f/2/2/df2224fe/HB1363.02.COMH.00.pdf
Roll Call	http://iga.in.gov/static-documents/5/6/d/c/56dca8bc/HB1363.313_S.pdf
Roll Call	http://iga.in.gov/static-documents/9/9/9/4/999442ad/HB1363.368_H.pdf