2/18/2022 Session Update
By: Dr. Anne E. Mahady
This week saw the passage of several consequential bills in committee including HB 1079 and 1294. We are celebrating the passage of HB 1079, and the 150+ letters sent by our Action Advocates that helped achieve the wins. We are equally excited to see the ways advocates have activated around issues faced by incarcerated pregnant Hoosiers- as reflected in the passage of HB 1294 which restricts the use of restraints on incarcerated pregnant people.
The majority of the bills we are tracking will now move on to third hearings and/or the full Senate for a vote. As a brief reminder, active bills have a short journey before the session closes: February 28th is the last day for Senate bills to have a reading in the House and March 1st is the last day for readings of House Bills in the Senate. The session comes to a full close on March 14th. Here is where the bills stand as of Thursday, February 17th:
Sexual Harassment, Assault and Consent
House Bill 1079 defines consent within Indiana laws on sexual assault and provides victims with ability to demonstrate a lack of consent. It further expands existing elements of rape to include rape by impersonation as a specific charge.
House Bill 1081 and Senate Bill 155 alters the definition of a "protected person" in cases of human trafficking to refer to “an individual who is less than 14 years of age at the time of the offense but less than 18 years of age at the time of trial” and “increases the penalty if the human trafficking victim is less than 18 years of age.” This bill also ensures that a person charged with human trafficking cannot claim the victim gave consent or that they were unaware the victim was under 18. A final provision states that police “must report human trafficking investigations to the attorney general within 30 days after an investigation begins.”
Status: HB 1081 - First reading: 2/1, Corrections and Criminal Law. SB 155 - Second reading, order engrossed.
W4C Position: Support.
House Bill 1137 defines the time range under which protective orders will stay in effect. This includes orders that are effective for “(1) two years after the date of issuance; or (2) indefinitely after the date of issuance if the respondent is required to register as a lifetime sex or violent offender and the petitioner was the victim of the crime that resulted in the requirement that the respondent register as a lifetime sex or violent offender.”
Status: 2/16, passed in committee.
W4C Position: Support.
Equality
House Bill 1041 excludes trans women and girls from school sports teams. "Prohibits a male, based on the student's biological sex at birth in accordance with the student's genetics and reproductive biology, from participating on an athletic team or sport designated as being a female, women's, or girls' athletic team or sport….Requires school corporations, public schools, certain nonpublic schools, state educational institutions, certain private postsecondary educational institutions, and certain athletic associations to establish grievance procedures for a violation of these provisions.” Opens up the possibility for lawsuits against schools that do not comply.
Status: 2/16, passed in committee.
If you would like to make your voice heard on this bill, click here.
W4C Position: Oppose.
House Bill 1134 “Provides that a state agency, state educational institution, school corporation, or qualified school or an employee of the state agency, state educational institution, school corporation, or qualified school acting in an official capacity may not promote certain concepts as part of a course of instruction or in a curriculum or direct or otherwise compel a school employee or student to adhere to certain tenets relating to the individual's sex, race, ethnicity, religion, color, national origin, or political affiliation… Requires the school corporation or qualified school to add functionality that allows parents of students in the school corporation to opt in to or opt out of certain educational activities and curricular materials under certain conditions.” As a final provision, the bill would make it easier to prosecute schools and some public libraries accused of holding “performances and materials harmful to minors.”
Status: 2/16 second hearing, no vote, additional hearing not yet scheduled.
W4C Position: Oppose.
Women’s Health
House Bill 1140 Expands the Medicaid income eligibility requirements for pregnant women, extends additional postpartum coverage from 2 months to 12 months, and removes the Medicaid limitations for pregnant women for pregnancy related medical services.
Status: 2/17/22 Passed in the Committee on Appropriations.
W4C Position: Support.
House Bill 1217 Healthcare providers “must inquire with a pregnant woman seeking an abortion whether the abortion is coerced…Requires certain medical personnel who believe that an abortion is coerced to offer the pregnant woman information on certain services, the use of a telephone, and an alternative exit from the health care facility…” A final provision creates mandatory reporting requirements including the name and address of the pregnant person who had been coerced, but not that of the person(s) who coerced them.
Status: 2/16, passed in Judiciary.
W4C Position: Oppose.
House Bill 1294 establishes legal standards for how jails and prisons can use restraints on pregnant incarcerated people and creates a reporting mechanism to document all occasions where restraints are used in Indiana prisons.
Statuses: 2/15/22, Passed in Senate.
W4C Position: Support.
Women’s Economic Stability
Senate Bill 404 creates a Legislative Council study committee on the availability and affordability of child care in Indiana. The committee will submit a report to the General Assembly by November 1st, 2022.
Status: 2/8/22 First reading: referred to Committee on Rules and Legislative Procedures.
W4C Position: Support.
Fair Voting and Voting Access
House Bill 1116 “Changes the date by which a county must provide a voter verifiable paper audit trail for electronic voting systems from December 31, 2029, to July 1, 2024. Provides that, after July 1, 2022, a county must meet certain requirements when using any direct record electronic voting system that does not include a voter verifiable paper audit trail for an election. Repeals language that requires the circuit court clerk to provide notice containing certain information to each voter who casts a provisional ballot. Changes the term ‘risk-limiting audit’ to ‘post-election audit’...Provides that the secretary of state shall determine the number of elections that are subject to a post-election audit.””
Status: 2/14, passed; reassigned to Committee on Appropriations.
W4C Position: Oppose.
House Bill 1285 Defines the times when redistricting election districts for local and school board offices must take place. “Removes the discretionary ability of political subdivisions to redistrict election districts at times other than those required by statute. Consolidates certain local redistricting statutes in the same location. Changes population parameters to reflect the population count determined under the 2020 decennial census.”
Status: 2/17, second reading, ordered engrossed.
W4C Position: Watching.
We want to again thank all of our Action Advocates who have been with us throughout this session, fighting forward for Hoosier women. Your calls, e-mails and other messages are making your voice heard about issues critical for women’s health in Indiana. We are excited to see similar levels of engagement about the issues raised by the above bills in the coming weeks.
If you’d like to stay up to date with the latest developments, you can follow along to view active and inactive legislation on our updated 2022 Legislative Tracker or sign up for our member newsletter for regular updates.