IndianaHB 1249Second Regular Session 124th General Assembly (2026)HouseWALLET

Various criminal law matters.

Sponsored By: Alex Zimmerman (Republican)

Signed by Governor

Summary

Provides that if a person has one prior OWI conviction, the court shall order that the person be imprisoned for at least 10 days or perform community service, and if a person has two prior OWI convictions, the court shall order that the person be imprisoned for at least 20 days or perform community service. Provides that a person receives good time credit while serving a sentence imposed under this statute (under current law, a person does not receive good time credit). Provides that this statute does not increase the maximum sentence for the offense as provided by either IC 35-50-2 or IC 35-50-3. Specifies that "vehicle", for purposes of the crime of operating while intoxicated, includes a watercraft, and repeals the separate crime of operating a motorboat while intoxicated. Provides that an initial hearing may be waived and allows a person to apply for a specialized driving privilege after an initial hearing. Adds operating while intoxicated due to use of a controlled substance to the habitual traffic violator statute. Requires a law enforcement officer to offer a chemical test that includes a blood test to any person who the officer has reason to believe operated a vehicle that was involved in a fatal accident. Specifies that ignition interlock devices may only be used when the underlying offense is operating while intoxicated resulting from the use of alcohol. Specifies that certain provisions do not prevent an otherwise eligible individual from applying for a specialized driving privilege after the initial hearing. Increases the penalty for battery on certain health care employees and school employees. Specifies that the enhancement for battery committed against a department of child services (DCS) employee applies only to those DCS employees whose responsibilities include personally supervising a child or parent, personally providing services to a child or parent, or personally interviewing a child or parent as part of an investigation. Requires the employer of a health care or school employee who is the victim of battery to make a semiannual report to the department of labor concerning workplace batteries. Provides that certain uses of a drone constitute remote aerial harassment. Specifies that a child charged with dangerous possession of a firearm may be tried by a juvenile court under certain circumstances. Makes dangerous possession of a firearm a Level 5 felony if the child: (1) has a prior conviction for unlawful carrying of a handgun; or (2) possesses the firearm on school property, within 500 feet of a school, or on a school bus. Specifies that certain individuals may not be subject to a county residency requirement, including a public defender (except for the chief public defender), court personnel, and a deputy prosecuting attorney. Prohibits the release of personally identifying information concerning a railroad crew in a public report concerning a railroad fatality. Repeals provisions that require: (1) the department of education to maintain a public data base concerning public school employees who were physically injured on the job by students; and (2) each public school to provide to the department of education information concerning certain public school employees physically injured on the job by a student.

courts and criminal codethe senatecorrections and criminal law

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Bill Overview

Analyzed Economic Effects

19 provisions identified: 5 benefits, 11 costs, 3 mixed.

Children gain more court-approved placement options

Beginning July 1, 2026, courts can approve more out-of-home placements, juvenile-probation placements, and long-term care plans. Approval can include homes with substantiated abuse or neglect reports, listed convictions, or qualifying juvenile records. Courts must find that the history does not affect current caregiving ability and that placement serves the child's best interests. Listed convictions cannot be from the past five years; exclusions remain for specified offenses that cannot be waived. Courts must weigh the conduct's age and severity, rehabilitation, and cooperation with any applicable treatment plan.

Repeat impaired drivers earn sentence credit

People serving sentences under the covered repeat-impaired-driving law earn good-time credit. This replaces the rule that denied them this credit. The amount of credit is governed by a separate sentencing law, so this provision alone does not determine release dates.

Boating convictions can affect driving privileges

Convictions under the former motorboat-intoxication law remain grounds for driver's license suspension or revocation. For a qualifying motorboat conviction, courts can recommend suspension for up to one year, which the Bureau of Motor Vehicles must carry out. These convictions also fall under the rules for specialized driving privileges. The bureau must assess traffic points for covered motorboat crimes, with point values set by the point study committee.

Recent boating felonies block adoption approval

Beginning July 1, 2026, courts cannot grant an adoption to an applicant with a qualifying recent motorboat-intoxication felony. The conviction must be under former IC 35-46-9 and from the past five years. Courts cannot waive this bar.

Repeat impaired drivers face minimum sentences

One prior operating-while-intoxicated conviction requires at least 10 days in jail or 240 hours of community service. Two or more priors require at least 20 days or 480 service hours. Courts must also require alcohol or drug assessment and treatment. The minimum sentences cannot be suspended and must be completed within six months; jail service includes at least 48 consecutive hours. Beginning July 1, 2026, convictions under former motorboat and boating laws also count toward repeat-offense sentencing.

Impaired drivers gain pretrial driving options

After a probable-cause finding for specified impaired-driving offenses, courts can choose an ignition-interlock restriction instead of recommending suspension. The person can drive only a vehicle with a working, registered device until the bureau receives notice resolving the charges. This order does not create an administrative suspension or appear on the driving record while in effect. Driving without the required device is a Class B infraction; knowingly violating the ban is a Class B misdemeanor. Beginning July 1, 2026, people charged with misdemeanors under IC 9-30-5-1 or IC 9-30-5-2 can also waive their initial hearing.

Railroad crews gain fatality-report privacy protections

Public railroad-fatality reports must hide crew members' names, license numbers, birth dates, email addresses, and phone numbers. Street addresses must also be hidden, but ZIP codes remain public. Unredacted access is limited to authorized railroads, specified officials, and access allowed through the listed court-order procedures.

Public workers gain county residency freedom

Counties cannot require listed public workers to live in the county where they work. This covers public defenders and their staff, court personnel, deputy prosecutors, and prosecutors' office staff. Emergency medical services providers and employees of agencies or departments employing them are also covered. Chief public defenders are excluded.

Stronger protections for school and healthcare workers

Beginning July 1, 2026, battery by touching a health care or school employee carries a Class A misdemeanor classification. The employee must be working, commuting, or targeted in retaliation for a work-related act. Causing bodily injury makes the offense a Level 6 felony. These enhanced classifications do not apply to offenders detained or committed under IC 12-26.

Adult courts hear some childhood offenses

Adult criminal courts have jurisdiction over people age 21 or older for some offenses allegedly committed as children. The offense must have been eligible for transfer from juvenile court under Indiana's waiver law. This applies whether the offense occurred, or the person turned 21, before, on, or after July 1, 2023.

Children face higher firearm possession penalties

Beginning July 1, 2026, dangerous firearm possession by a child rises from a Class A misdemeanor to a Level 5 felony in listed cases. The higher grade applies after a qualifying prior firearm conviction or juvenile finding. It also applies on school property, within 500 feet of school property, or on a school bus. The underlying offense excludes possession for purposes allowed by IC 35-47-10-1.

Drone operators face expanded harassment penalties

Beginning July 1, 2026, remote aerial harassment covers unauthorized drone flights over property intended to harass, disturb, or injure people or animals, or damage or disturb crops. It also covers unauthorized substance dispersal onto another's property. Reckless, knowing, or intentional flights without consent over another's property that endanger or interfere with aircraft are also covered. The offense is a Class A misdemeanor, rising to a Level 6 felony after a prior unrelated conviction. Defenses cover equipment failure, avoiding greater harm, and unintentional adjacent-property overspray despite reasonable, good-faith precautions.

Impaired-driving rules cover more transportation devices

Beginning July 1, 2026, specified impaired-driving and testing laws cover transportation devices used on land, in the air, or on water. Electric personal assistive mobility devices are excluded. The law also repeals the separate chapter on operating a motorboat while intoxicated.

Repeat drivers face broader penalty rules

Driving with a Schedule I or II drug in the blood now counts toward habitual-violator status. Death-related cases require two qualifying judgments within 10 years; other cases require three, from separate incidents. For the non-death category, the drug-driving offense must have occurred after June 30, 2001. Knowingly or intentionally breaking covered driving restrictions becomes a Level 6 felony after a former motorboat-law conviction within five years. Without that prior conviction, the offense is generally a Class C misdemeanor, with higher grades for injury or death.

Serious crashes trigger required testing procedures

After a serious-injury crash, officers must offer a portable breath or chemical test to a person believed to have driven. A chemical test is required after a positive breath test, refusal, or probable cause of drug impairment. After a fatal crash, officers must offer a chemical test that includes a blood test. Chemical tests must be administered within three hours after the crash. Officers need not offer testing to an unconscious person.

Some child-services workers lose battery protections

Beginning July 1, 2026, fewer Department of Child Services employees qualify as public safety officials for enhanced battery penalties. Their duties must include personally supervising or serving a child or parent, or interviewing one during an investigation. Other department employees do not qualify through this rule.

Employers must report attacks on workers

Starting July 1, 2027, employers must report workplace batteries against health care and school employees to the state commissioner. Reports are required even when no criminal charges are filed. January-through-June reports are due August 1; July-through-December reports are due February 1. Reports include incident details, job titles, injuries, law-enforcement involvement, and charges.

Police gain medical evidence collection powers

Medical staff must provide covered samples, contraband, or test results requested for a criminal investigation, even without patient consent. Physician-patient privilege does not protect that evidence or related criminal testimony; further disclosure is limited to prosecutors for criminal evidence. A doctor or trained person must draw blood after written police certification of probable cause for a listed offense within three hours. The officer must also certify urgent needs taking priority over seeking a warrant, with no more than reasonable force necessary. If a person refuses and resists, officers can reasonably assist authorized staff, using medically accepted procedures. Covered medical workers and hospitals receive liability protection, but not for injuries involving gross negligence or willful or wanton misconduct.

Teens face broader adult-court rules

Specified serious charges against 16- and 17-year-olds generally belong in adult court. A narrow exception covers a specified firearm felony when it is the only pending felony and only charge under that firearm chapter. The child can have no more than one qualifying prior record, and any prior conviction must be a misdemeanor. Separately, prosecutors can seek required adult-court transfer for covered handgun-carrying or firearm-possession felonies committed at age 16 or older. Transfer requires investigation, a hearing, and probable cause, with an exception when juvenile court best serves the child and community safety. If all listed serious charges are dismissed or end in acquittal, adult courts can transfer another offense to juvenile court after reviewing rehabilitation and safety. A juvenile detention hearing must occur within 48 hours, excluding weekends and legal holidays.

Sponsors & Cosponsors

Sponsor

  • Alex Zimmerman

    Republican • House

Cosponsors

  • Aaron Freeman

    Republican • Senate

  • Garrett Bascom

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 259 • No: 22

House vote • 2/27/2026

Rules Suspended. Conference Committee Report 1: adopted by the House

Yes: 96 • No: 0

Senate vote • 2/27/2026

Rules Suspended. Conference Committee Report 1: adopted by the Senate

Yes: 43 • No: 4

Senate vote • 2/19/2026

Third reading: passed

Yes: 46 • No: 0

House vote • 1/28/2026

Third reading: passed

Yes: 74 • No: 18

Actions Timeline

  1. Public Law 158

    3/12/2026House
  2. Signed by the Governor

    3/12/2026House
  3. Signed by the President Pro Tempore

    3/5/2026Senate
  4. Signed by the Speaker

    3/3/2026House
  5. Signed by the President of the Senate

    3/2/2026Senate
  6. CCR # 1 filed in the House

    2/27/2026House
  7. CCR # 1 filed in the Senate

    2/27/2026Senate
  8. Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 327: yeas 43, nays 4

    2/27/2026Senate
  9. Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 424: yeas 96, nays 0

    2/27/2026House
  10. Senate advisors appointed: Pol, Clark

    2/23/2026Senate
  11. Senate conferees appointed: Freeman, Taylor G

    2/23/2026Senate
  12. House advisors appointed: McNamara, Bascom, Pierce M

    2/23/2026House
  13. House conferees appointed: Zimmerman, Gore

    2/23/2026House
  14. House dissented from Senate amendments

    2/23/2026House
  15. Motion to dissent filed

    2/23/2026House
  16. Returned to the House with amendments

    2/20/2026Senate
  17. Third reading: passed; Roll Call 207: yeas 46, nays 0

    2/19/2026Senate
  18. Second reading: ordered engrossed

    2/17/2026Senate
  19. Committee report: amend do pass, adopted

    2/12/2026Senate
  20. First reading: referred to Committee on Corrections and Criminal Law

    2/2/2026Senate
  21. Referred to the Senate

    1/29/2026House
  22. Third reading: passed; Roll Call 135: yeas 74, nays 18

    1/28/2026House
  23. Senate sponsor: Senator Freeman

    1/28/2026House
  24. Second reading: ordered engrossed

    1/20/2026House
  25. Committee report: do pass, adopted

    1/14/2026House

Bill Text

  • Enrolled House Bill (H)

  • House Bill (H)

  • House Bill (S)

  • Introduced House Bill (H)

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