The House Committee on Courts and Criminal Code heard HB 1040 authored by Rep. McNamara on battery against vulnerable workers. The bill increases the penalty for battery on certain health care employees and school employees. The bill 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. The bill also requires the employer of a health care or school employee who is the victim of battery to report the incident to the department of labor.
The bill was amended by consent to require the employer of a vulnerable worker to report to the department of labor if the worker is the victim of workplace battery. The employer shall make the report not later than eight (8) hours after the incident occurs, if the incident results in the death or hospitalization of the victim; or twenty-four (24) hours after the incident occurs, if the incident does not result in the death or hospitalization of the victim.
The Indiana Chapter of the American College of Emergency Physicians, Indiana Organization for Nursing Leadership, Indiana State Medical Association, Indiana University Health, Beacon Health System, and the Indiana State Nurses Association testified in support of the bill. The Indiana Public Defender Council testified in opposition. The amended bill passed 11-1.
Read the bill at https://iga.in.gov/legislative/2026/bills/house/1040