2022 Regular SessionIndiana Legislature

HB1294: Restraint of pregnant inmates; pregnancy from certain sex offenses.

Legislative Summary

Restraint of pregnant inmates; pregnancy from certain sex offenses. Provides that a correctional facility, including a jail, shall: (1) use the least restrictive restraints necessary on a pregnant inmate when the pregnant inmate is in the second or third trimester of pregnancy; or (2) use no restraints on a pregnant inmate who is in labor, delivering a baby, during the immediate postdelivery period, or dealing with a medical emergency related to the pregnancy, with certain exceptions. Repeals the current statute concerning prenatal and postnatal care and treatment and incorporates it into the new chapter concerning pregnant inmates. Adds sexual misconduct with a service provider as a Level 4 felony to the definition of "violent offense", and requires a person convicted of: (1) sexual misconduct with a service provider; (2) child molesting; and (3) rape; to pay restitution for pregnancy and childbirth expenses to the victim if the pregnancy is a result of the offense.

Demographic Impact

Overall analysis of equity impact

90% Positive
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Bill History

1/10/2022
Authored by Representative Fleming
House of Representatives
1/10/2022
Coauthored by Representative Ziemke
House of Representatives
1/10/2022
First reading: referred to Committee on Courts and Criminal Code
House of Representatives
1/20/2022
Committee report: amend do pass, adopted
House of Representatives
1/24/2022
Second reading: ordered engrossed
House of Representatives
1/24/2022
Representatives Barrett and Summers added as coauthors
House of Representatives
1/25/2022
Third reading: passed; Roll Call 86: yeas 92, nays 0
House of Representatives
1/25/2022
Senate sponsors: Senators Glick and Becker
House of Representatives
1/26/2022
Referred to the Senate
House of Representatives
2/2/2022
First reading: referred to Committee on Corrections and Criminal Law
Senate
2/8/2022
Senators Young M and Walker K added as cosponsors
Senate
2/10/2022
Committee report: amend do pass, adopted
Senate
2/14/2022
Second reading: ordered engrossed
Senate
2/15/2022
Third reading: passed; Roll Call 207: yeas 46, nays 0
Senate
2/15/2022
Senator Bohacek added as cosponsor
Senate
2/17/2022
Senator Pol added as cosponsor
Senate
2/17/2022
Senator Randolph added as cosponsor
Senate
2/17/2022
Returned to the House with amendments
Senate
2/22/2022
Motion to concur filed
House of Representatives
3/2/2022
House concurred in Senate amendments; Roll Call 330: yeas 89, nays 0
House of Representatives
3/4/2022
Signed by the Speaker
House of Representatives
3/7/2022
Signed by the President Pro Tempore
Senate
3/9/2022
Signed by the President of the Senate
Senate
3/10/2022
Signed by the Governor
House of Representatives
3/10/2022
Public Law 78
House of Representatives

Roll Call Votes

House - House concurred in Senate amendments
3/2/2022
89
Yea
0
Nay
3
Not Voting
8
Absent
Result: PASSED
Senate - Third reading
2/15/2022
46
Yea
0
Nay
1
Not Voting
3
Absent
Result: PASSED
Senate - Committee Vote
2/8/2022
8
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House - Third reading
1/25/2022
92
Yea
0
Nay
1
Not Voting
7
Absent
Result: PASSED
House - Committee Vote
1/18/2022
12
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED

Status Information

Current Status
Passed(3/10/2022)
Chamber
House of Representatives
Sine Die

Documents

Amended
Bill Text3/2/2022286.1 KB
Enrolled
Bill Text3/2/2022174.2 KB
Amended
Bill Text2/10/2022144.9 KB
Amended
Bill Text2/10/2022286.1 KB
Introduced
Bill Text1/20/2022131.4 KB
Amended
Bill Text1/20/2022144.9 KB
Introduced
Bill Text1/7/2022131.4 KB
Fiscal Note
Fiscal Note3/3/202269.9 KB
Misc
Misc2/22/202287.6 KB
Fiscal Note
Fiscal Note2/15/202269.7 KB
Fiscal Note
Fiscal Note2/14/202269.7 KB
Fiscal Note
Fiscal Note2/11/202269.7 KB
Misc
Misc2/9/202272.5 KB
Fiscal Note
Fiscal Note1/25/202262.2 KB
Fiscal Note
Fiscal Note1/24/202262.2 KB
Fiscal Note
Fiscal Note1/21/202262.2 KB
Misc
Misc1/20/2022166.7 KB
Fiscal Note
Fiscal Note1/7/202267.6 KB