Indiana legislation · 2026 Regular Session
Indiana HB1040: Battery against school and healthcare employees.
Status: In committee, February 19, 2026
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.
What the bill says
A bill FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
From the engrossed text:
A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure. SECTION 1. IC 5-2-22-1, AS AMENDED BY P.L.161-2018, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. The following definitions apply throughout this chapter: (1) "Crime of child abuse" means: (A) neglect of a dependent (IC 35-46-1-4) if the dependent is a child and the offense is committed (ii) IC 35-46-1-4(a)(2); or (iii) IC 35-46-1-4(a)(3); (B) child selling (IC 35-46-1-4(d)); (C) a sex offense (as defined in IC 11-8-8-5.2) committed against a child; or (D) battery against a child (ii) IC 35-42-2-1(g)(5)(B) IC 35-42-2-1(h)(5)(B) (battery causing bodily injury to a child); EH 1040--LS 6292/DI (iii) IC 35-42-2-1(j) IC 35-42-2-1(k) (battery causing serious bodily injury to a child); or (iv) IC 35-42-2-1(k) IC 35-42-2-1(l) (battery resulting in the death of a child). (2) "Office" refers to the office of judicial administration created under by IC 33-24-6-1. (3) "Registry" means the child abuse registry established under section 2 of this chapter. SECTION 2. IC 5-14-3-4, AS AMENDED BY P.L.33-2025, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 4. (a) The following public records are excepted from section 3 of this chapter and may not be disclosed by a public agency, unless access to the records is specifically …
Sponsors
- Wendy McNamara (R, HD-076) · primary sponsor
- Karen Engleman (R, HD-070)
- Barrett, Brad (R)
- Tonya Pfaff (D, HD-043)
Latest actions
- : Second reading: amended, ordered engrossed
- : Amendment #2 (Freeman) prevailed; voice vote
- : Committee report: amend do pass, adopted
- : First reading: referred to Committee on Corrections and Criminal Law
- : Referred to the Senate
- : Third reading: passed; Roll Call 44: yeas 92, nays 1
- : Senate sponsors: Senators Freeman, Carrasco, Raatz
- : Second reading: ordered engrossed
- : Representative Pfaff added as coauthor
- : Committee report: amend do pass, adopted
Votes
- HB1040.02.COMH (January 13, 2026): 92 yea, 1 nay, passed
Subjects: HEALTH CARE PROFESSIONALS; Generally, AGENCIES; Department of Child Services (DCS), CRIMINAL LAW AND PROCEDURE; Generally, SCHOOLS; Officers and Employees (Other than Teachers)
Common questions
- What is HB1040?
- HB1040 is a bill in the Indiana Legislature (2026 Regular Session): Battery against school and healthcare employees.
- What does HB1040 do?
- In its own words: A bill FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
- What is the status of HB1040?
- In committee as of February 19, 2026. Latest action: Second reading: amended, ordered engrossed (February 19, 2026).
- Who sponsored HB1040?
- Wendy McNamara (R, HD-076), with 3 co-sponsors.
- Where is the official record for HB1040?
- On the Indiana Legislature website: https://iga.in.gov/legislative/2026/bills/house/1040
Source: official Indiana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.