IC 20-33-9-1 Application of chapter
Sec. 1. Sections 5 through 9 of this chapter apply to the following:
(1) A violation under IC 7.1-5-7 (concerning minors and
alcoholic beverages).
(2) A violation under IC 35-48-4 (offenses related to controlled
substances). As added by P.L.1-2005, SEC.17.
IC 20-33-9-1.3 "Battery"
Sec. 1.3. As used in this chapter, "battery" refers to battery under
IC 35-42-2-1. As added by P.L.72-2006, SEC.2.
IC 20-33-9-1.5 "Harassment"
Sec. 1.5. As used in this chapter, "harassment" refers to
harassment under IC 35-45-2-2. As added by P.L.72-2006, SEC.3.
IC 20-33-9-2 "Intimidation"
Sec. 2. As used in this chapter, "intimidation" refers to
intimidation under IC 35-45-2-1. As added by P.L.1-2005, SEC.17.
IC 20-33-9-3 "Member of the administrative staff"
Sec. 3. As used in this chapter, "member of the administrative
staff" or comparable language means a school corporation employee
who:
(1) is certificated under the statutes relating to the licensing of
teachers; and
(2) has supervisory authority. As added by P.L.1-2005, SEC.17.
IC 20-33-9-4 "Threat"
Sec. 4. As used in this chapter, "threat" has the meaning set forth
in IC 35-45-2-1. As added by P.L.1-2005, SEC.17.
IC 20-33-9-5 Controlled substance violations; reports by school employees
Sec. 5. If a person other than a member of the administrative staff
who is an employee of a school corporation has personally observed:
(1) a violation described in section 1 of this chapter; or
(2) a delinquent act that would be a violation under section 1 of
this chapter if the violator were an adult;
in, on, or within one thousand (1,000) feet of the school property of
the school corporation employing the person, the person shall
immediately report the violation in writing to a member of the
administrative staff of the school corporation employing the person. As added by P.L.1-2005, SEC.17.
IC 20-33-9-6 Controlled substance violations; reports by members of
administrative staffs
Sec. 6. A member of the administrative staff who, based on
personal knowledge or on the report of another employee of the
school corporation, believes that a person has committed a violation
described in section 1 of this chapter or a delinquent act that would
be a violation described in section 1 of this chapter if the violator
were an adult in, on, or within one thousand (1,000) feet of the
school property of the school corporation employing the member,
shall immediately report:
(1) a general description of the violation;
(2) the name or a general description of each violator known to
the member;
(3) the date, time, and and place of the violation;
(4) the name or a general description of each person who the
member knows witnessed any part of the violation; and
(5) a general description and the location of any property that
the member knows was involved in the violation;
in writing to a law enforcement officer. As added by P.L.1-2005, SEC.17.
IC 20-33-9-7 Privileged or confidential information
Sec. 7. A report is not required under sections 5 through 6 of this
chapter if:
(1) a federal statute or regulation;
(2) IC 20-28-10-17, IC 25-33-1-17, IC 34-46-3-1, or another
state statute; or
(3) a rule adopted by a state agency;
imposes a duty on the employee of the school corporation or member
of the administrative staff not to disclose privileged or confidential
information that otherwise would have been the basis of a report. As added by P.L.1-2005, SEC.17.
IC 20-33-9-8 Immunity from civil liability; presumption of good faith
Sec. 8. (a) A person, other than a person who has committed a
violation under section 1 of this chapter or a delinquent act that
would be a violation under section 1 of this chapter if the violator
were an adult, who:
(1) makes a report under this chapter in good faith;
(2) participates in good faith in a judicial proceeding resulting
from a report under this chapter;
(3) employs a person described in subdivision (1) or (2); or
(4) supervises a person described in subdivision (1) or (2);
is not liable for civil damages or penalties that might otherwise be
imposed because of the conduct described in subdivisions (1)
through (4).
(b) A person described in subsection (a)(1) or (a)(2) is presumed
to act in good faith. As added by P.L.1-2005, SEC.17.
IC 20-33-9-9 Programs to implement chapter
Sec. 9. The law enforcement agencies and the school corporations
in each county shall develop and administer a program to efficiently
implement this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-9-10 Duty to report threat
Sec. 10. In addition to any other duty to report arising under this
article, an individual who has reason to believe that a school
employee:
(1) has received a threat;
(2) is the victim of intimidation;
(3) is the victim of battery; or
(4) is the victim of harassment;
shall report that information as required by this chapter. As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.4.
IC 20-33-9-11 Procedure to make report
Sec. 11. (a) If an individual who is required to make a report
under this chapter is a member of the staff of a school, the individual
shall make the report by immediately notifying the principal of the
school that a school employee may have received a threat or may be
the victim of intimidation, battery, or harassment.
(b) An individual who receives a report under subsection (a) shall
immediately make a report or cause a report to be made under section
13 of this chapter. As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.5.
IC 20-33-9-12 Relief of obligation to report
Sec. 12. This chapter does not relieve an individual of the
obligation to report a threat, intimidation, a battery, or harassment on
the individual's own behalf, unless a report has already been made to
the best of the individual's belief. As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.6. IC 20-33-9-13 Oral report to local law enforcement agency
Sec. 13. An individual who has a duty under sections 10 through
12 of this chapter to report that a school employee may have received
a threat or may be the victim of intimidation, battery, or harassment
shall immediately make an oral report to the local law enforcement
agency. As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.7.
IC 20-33-9-14 Immunity from liability
Sec. 14. Except as provided in section 15 of this chapter, an
individual, other than a person accused of making a threat against a
school employee, intimidating a school employee, committing a
battery against a school employee, or harassing a school employee,
who:
(1) makes, or causes to be made, a report under this chapter; or
(2) participates in any judicial proceeding or other proceeding:
(A) resulting from a report under this chapter; or
(B) relating to the subject matter of the report;
is immune from any civil or criminal liability that might otherwise be
imposed because of such actions. As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.8.
IC 20-33-9-15 Liability
Sec. 15. An individual who has acted maliciously or in bad faith
is not immune from civil or criminal liability under this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-9-16 Good faith
Sec. 16. An individual making a report under sections 10 through
14 of this chapter or assisting in any requirement of sections 10
through 14 of this chapter is presumed to have acted in good faith. As added by P.L.1-2005, SEC.17.
IC 20-33-9-1 Application of chapter
Sec. 1. Sections 5 through 9 of this chapter apply to the following:
(1) A violation under IC 7.1-5-7 (concerning minors and
alcoholic beverages).
(2) A violation under IC 35-48-4 (offenses related to controlled
substances). As added by P.L.1-2005, SEC.17.
IC 20-33-9-1.3 "Battery"
Sec. 1.3. As used in this chapter, "battery" refers to battery under
IC 35-42-2-1. As added by P.L.72-2006, SEC.2.
IC 20-33-9-1.5 "Harassment"
Sec. 1.5. As used in this chapter, "harassment" refers to
harassment under IC 35-45-2-2. As added by P.L.72-2006, SEC.3.
IC 20-33-9-2 "Intimidation"
Sec. 2. As used in this chapter, "intimidation" refers to
intimidation under IC 35-45-2-1. As added by P.L.1-2005, SEC.17.
IC 20-33-9-3 "Member of the administrative staff"
Sec. 3. As used in this chapter, "member of the administrative
staff" or comparable language means a school corporation employee
who:
(1) is certificated under the statutes relating to the licensing of
teachers; and
(2) has supervisory authority. As added by P.L.1-2005, SEC.17.
IC 20-33-9-4 "Threat"
Sec. 4. As used in this chapter, "threat" has the meaning set forth
in IC 35-45-2-1. As added by P.L.1-2005, SEC.17.
IC 20-33-9-5 Controlled substance violations; reports by school employees
Sec. 5. If a person other than a member of the administrative staff
who is an employee of a school corporation has personally observed:
(1) a violation described in section 1 of this chapter; or
(2) a delinquent act that would be a violation under section 1 of
this chapter if the violator were an adult;
in, on, or within one thousand (1,000) feet of the school property of
the school corporation employing the person, the person shall
immediately report the violation in writing to a member of the
administrative staff of the school corporation employing the person. As added by P.L.1-2005, SEC.17.
IC 20-33-9-6 Controlled substance violations; reports by members of
administrative staffs
Sec. 6. A member of the administrative staff who, based on
personal knowledge or on the report of another employee of the
school corporation, believes that a person has committed a violation
described in section 1 of this chapter or a delinquent act that would
be a violation described in section 1 of this chapter if the violator
were an adult in, on, or within one thousand (1,000) feet of the
school property of the school corporation employing the member,
shall immediately report:
(1) a general description of the violation;
(2) the name or a general description of each violator known to
the member;
(3) the date, time, and and place of the violation;
(4) the name or a general description of each person who the
member knows witnessed any part of the violation; and
(5) a general description and the location of any property that
the member knows was involved in the violation;
in writing to a law enforcement officer. As added by P.L.1-2005, SEC.17.
IC 20-33-9-7 Privileged or confidential information
Sec. 7. A report is not required under sections 5 through 6 of this
chapter if:
(1) a federal statute or regulation;
(2) IC 20-28-10-17, IC 25-33-1-17, IC 34-46-3-1, or another
state statute; or
(3) a rule adopted by a state agency;
imposes a duty on the employee of the school corporation or member
of the administrative staff not to disclose privileged or confidential
information that otherwise would have been the basis of a report. As added by P.L.1-2005, SEC.17.
IC 20-33-9-8 Immunity from civil liability; presumption of good faith
Sec. 8. (a) A person, other than a person who has committed a
violation under section 1 of this chapter or a delinquent act that
would be a violation under section 1 of this chapter if the violator
were an adult, who:
(1) makes a report under this chapter in good faith;
(2) participates in good faith in a judicial proceeding resulting
from a report under this chapter;
(3) employs a person described in subdivision (1) or (2); or
(4) supervises a person described in subdivision (1) or (2);
is not liable for civil damages or penalties that might otherwise be
imposed because of the conduct described in subdivisions (1)
through (4).
(b) A person described in subsection (a)(1) or (a)(2) is presumed
to act in good faith. As added by P.L.1-2005, SEC.17.
IC 20-33-9-9 Programs to implement chapter
Sec. 9. The law enforcement agencies and the school corporations
in each county shall develop and administer a program to efficiently
implement this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-9-10 Duty to report threat
Sec. 10. In addition to any other duty to report arising under this
article, an individual who has reason to believe that a school
employee:
(1) has received a threat;
(2) is the victim of intimidation;
(3) is the victim of battery; or
(4) is the victim of harassment;
shall report that information as required by this chapter. As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.4.
IC 20-33-9-11 Procedure to make report
Sec. 11. (a) If an individual who is required to make a report
under this chapter is a member of the staff of a school, the individual
shall make the report by immediately notifying the principal of the
school that a school employee may have received a threat or may be
the victim of intimidation, battery, or harassment.
(b) An individual who receives a report under subsection (a) shall
immediately make a report or cause a report to be made under section
13 of this chapter. As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.5.
IC 20-33-9-12 Relief of obligation to report
Sec. 12. This chapter does not relieve an individual of the
obligation to report a threat, intimidation, a battery, or harassment on
the individual's own behalf, unless a report has already been made to
the best of the individual's belief. As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.6. IC 20-33-9-13 Oral report to local law enforcement agency
Sec. 13. An individual who has a duty under sections 10 through
12 of this chapter to report that a school employee may have received
a threat or may be the victim of intimidation, battery, or harassment
shall immediately make an oral report to the local law enforcement
agency. As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.7.
IC 20-33-9-14 Immunity from liability
Sec. 14. Except as provided in section 15 of this chapter, an
individual, other than a person accused of making a threat against a
school employee, intimidating a school employee, committing a
battery against a school employee, or harassing a school employee,
who:
(1) makes, or causes to be made, a report under this chapter; or
(2) participates in any judicial proceeding or other proceeding:
(A) resulting from a report under this chapter; or
(B) relating to the subject matter of the report;
is immune from any civil or criminal liability that might otherwise be
imposed because of such actions. As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.8.
IC 20-33-9-15 Liability
Sec. 15. An individual who has acted maliciously or in bad faith
is not immune from civil or criminal liability under this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-9-16 Good faith
Sec. 16. An individual making a report under sections 10 through
14 of this chapter or assisting in any requirement of sections 10
through 14 of this chapter is presumed to have acted in good faith. As added by P.L.1-2005, SEC.17.
IC 20-33-9-1 Application of chapter
Sec. 1. Sections 5 through 9 of this chapter apply to the following:
(1) A violation under IC 7.1-5-7 (concerning minors and
alcoholic beverages).
(2) A violation under IC 35-48-4 (offenses related to controlled
substances). As added by P.L.1-2005, SEC.17.
IC 20-33-9-1.3 "Battery"
Sec. 1.3. As used in this chapter, "battery" refers to battery under
IC 35-42-2-1. As added by P.L.72-2006, SEC.2.
IC 20-33-9-1.5 "Harassment"
Sec. 1.5. As used in this chapter, "harassment" refers to
harassment under IC 35-45-2-2. As added by P.L.72-2006, SEC.3.
IC 20-33-9-2 "Intimidation"
Sec. 2. As used in this chapter, "intimidation" refers to
intimidation under IC 35-45-2-1. As added by P.L.1-2005, SEC.17.
IC 20-33-9-3 "Member of the administrative staff"
Sec. 3. As used in this chapter, "member of the administrative
staff" or comparable language means a school corporation employee
who:
(1) is certificated under the statutes relating to the licensing of
teachers; and
(2) has supervisory authority. As added by P.L.1-2005, SEC.17.
IC 20-33-9-4 "Threat"
Sec. 4. As used in this chapter, "threat" has the meaning set forth
in IC 35-45-2-1. As added by P.L.1-2005, SEC.17.
IC 20-33-9-5 Controlled substance violations; reports by school employees
Sec. 5. If a person other than a member of the administrative staff
who is an employee of a school corporation has personally observed:
(1) a violation described in section 1 of this chapter; or
(2) a delinquent act that would be a violation under section 1 of
this chapter if the violator were an adult;
in, on, or within one thousand (1,000) feet of the school property of
the school corporation employing the person, the person shall
immediately report the violation in writing to a member of the
administrative staff of the school corporation employing the person. As added by P.L.1-2005, SEC.17.
IC 20-33-9-6 Controlled substance violations; reports by members of
administrative staffs
Sec. 6. A member of the administrative staff who, based on
personal knowledge or on the report of another employee of the
school corporation, believes that a person has committed a violation
described in section 1 of this chapter or a delinquent act that would
be a violation described in section 1 of this chapter if the violator
were an adult in, on, or within one thousand (1,000) feet of the
school property of the school corporation employing the member,
shall immediately report:
(1) a general description of the violation;
(2) the name or a general description of each violator known to
the member;
(3) the date, time, and and place of the violation;
(4) the name or a general description of each person who the
member knows witnessed any part of the violation; and
(5) a general description and the location of any property that
the member knows was involved in the violation;
in writing to a law enforcement officer. As added by P.L.1-2005, SEC.17.
IC 20-33-9-7 Privileged or confidential information
Sec. 7. A report is not required under sections 5 through 6 of this
chapter if:
(1) a federal statute or regulation;
(2) IC 20-28-10-17, IC 25-33-1-17, IC 34-46-3-1, or another
state statute; or
(3) a rule adopted by a state agency;
imposes a duty on the employee of the school corporation or member
of the administrative staff not to disclose privileged or confidential
information that otherwise would have been the basis of a report. As added by P.L.1-2005, SEC.17.
IC 20-33-9-8 Immunity from civil liability; presumption of good faith
Sec. 8. (a) A person, other than a person who has committed a
violation under section 1 of this chapter or a delinquent act that
would be a violation under section 1 of this chapter if the violator
were an adult, who:
(1) makes a report under this chapter in good faith;
(2) participates in good faith in a judicial proceeding resulting
from a report under this chapter;
(3) employs a person described in subdivision (1) or (2); or
(4) supervises a person described in subdivision (1) or (2);
is not liable for civil damages or penalties that might otherwise be
imposed because of the conduct described in subdivisions (1)
through (4).
(b) A person described in subsection (a)(1) or (a)(2) is presumed
to act in good faith. As added by P.L.1-2005, SEC.17.
IC 20-33-9-9 Programs to implement chapter
Sec. 9. The law enforcement agencies and the school corporations
in each county shall develop and administer a program to efficiently
implement this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-9-10 Duty to report threat
Sec. 10. In addition to any other duty to report arising under this
article, an individual who has reason to believe that a school
employee:
(1) has received a threat;
(2) is the victim of intimidation;
(3) is the victim of battery; or
(4) is the victim of harassment;
shall report that information as required by this chapter. As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.4.
IC 20-33-9-11 Procedure to make report
Sec. 11. (a) If an individual who is required to make a report
under this chapter is a member of the staff of a school, the individual
shall make the report by immediately notifying the principal of the
school that a school employee may have received a threat or may be
the victim of intimidation, battery, or harassment.
(b) An individual who receives a report under subsection (a) shall
immediately make a report or cause a report to be made under section
13 of this chapter. As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.5.
IC 20-33-9-12 Relief of obligation to report
Sec. 12. This chapter does not relieve an individual of the
obligation to report a threat, intimidation, a battery, or harassment on
the individual's own behalf, unless a report has already been made to
the best of the individual's belief. As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.6. IC 20-33-9-13 Oral report to local law enforcement agency
Sec. 13. An individual who has a duty under sections 10 through
12 of this chapter to report that a school employee may have received
a threat or may be the victim of intimidation, battery, or harassment
shall immediately make an oral report to the local law enforcement
agency. As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.7.
IC 20-33-9-14 Immunity from liability
Sec. 14. Except as provided in section 15 of this chapter, an
individual, other than a person accused of making a threat against a
school employee, intimidating a school employee, committing a
battery against a school employee, or harassing a school employee,
who:
(1) makes, or causes to be made, a report under this chapter; or
(2) participates in any judicial proceeding or other proceeding:
(A) resulting from a report under this chapter; or
(B) relating to the subject matter of the report;
is immune from any civil or criminal liability that might otherwise be
imposed because of such actions. As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.8.
IC 20-33-9-15 Liability
Sec. 15. An individual who has acted maliciously or in bad faith
is not immune from civil or criminal liability under this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-9-16 Good faith
Sec. 16. An individual making a report under sections 10 through
14 of this chapter or assisting in any requirement of sections 10
through 14 of this chapter is presumed to have acted in good faith. As added by P.L.1-2005, SEC.17.
